Seguridad clínica y reclamaciones por responsabilidad profesional en Oftalmología

Abstract

Professionals must be aware of the fundamental aspects of medical professional liability, as well as specific aspects, such as defensive medicine and clinical safety. The understanding of these medical-legal aspects in the routine clinical practice can help to pave the way towards a satisfactory and safe professional career, and help in increasing patient safety. The aim of this review is to contribute to this training, for the benefit of professionals and patients.

Reasons for and Facilitating Factors of Medical Malpractice Complaints. What Can Be Done to Prevent Them?

“…Our study showed that the ground for complaints are both reasons related to technical aspects of the medical activity and reasons related to the relationship between patients and medical staff, these results are consistent with literature data [ 14 ]. The analysis of these reasons is important so as to improve the medical practice by identifying various prevention methods that target both the medical practice and the doctor–patient relationship, to improve medical services provided to patients, and to protect the medical staff from complaints [ 2 ].…”

“…The medical practice has been regulated throughout its entire historical evolution by specific legal and ethical norms, which are aimed at carrying out the medical act in optimal conditions, protecting the patients, and sanctioning the doctors who violate the norms of good practice [ 1 ]. Medicine and science, in general, enjoy quasi-constant advancements, which bring multiple benefits through their wide applicability [ 2 ]. Nonetheless, by increasing public expectations, emphasizing the publicity of patient rights [ 1 , 3 ] and the marketing of medicine [ 3 ], the progress in technology places a greater burden on the shoulders of the doctors, which often leads patients to have unrealistic expectations and causes them to sanction any mistake or any result that does not coincide with their expectations [ 4 ].…”

“…Nonetheless, by increasing public expectations, emphasizing the publicity of patient rights [ 1 , 3 ] and the marketing of medicine [ 3 ], the progress in technology places a greater burden on the shoulders of the doctors, which often leads patients to have unrealistic expectations and causes them to sanction any mistake or any result that does not coincide with their expectations [ 4 ]. This, in turn, leads to tensions in the doctor–patient relationship [ 2 ]. Thus, the current medical practice risks being dominated by fear of potential malpractice complaints and their consequences on the medical staff.…”

“…The increase in the number of malpractice complaints is a burden for both the doctors and the medical system through their impact on the medical practice, as it can lead to the approach to the medical act in a defensive manner, as well as through the judicial procedure which usually lasts for a long time and involves significant costs for physicians and medical institutions [ 2 , 6 ].…”

“…Defensive medicine involves requesting more medical tests, more medical opinions, prescribing more drugs, more referrals to specialized examinations, refusing to perform certain high-risk procedures, or even refusing to assist patients with severe illnesses. These practices are not always for the benefit of the patients; on the contrary, they subject them to unnecessary and sometimes risky interventions, increase the costs of medical care, and decrease the level of satisfaction among physicians [ 2 ].…”