The clinical management of diabetic foot in the elderly and medico-legal implications

Terranova, Claudio; Bruttocao, A

doi:10.1177/0025802412473595

Cited by 3 publications

(2 citation statements)

References 38 publications

(56 reference statements)

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“…First, to assess professional liability, it is necessary to demonstrate the existence of patient harm due to medical malpractice. This harm can manifest as the transition from a healthy condition to a disease, result in death, or exacerbate a pre-existing condition ( 39 ). It represents a physical or psychological injury suffered by the plaintiff under tort and/or civil law ( 38 , 40 ).…”

Section: Medical Malpractice Liability Assessmentmentioning

confidence: 99%

“…While there may be variations in civil and tort law across countries (38), there is a consensus regarding assessing medical malpractice and compensation for damages. This consensus establishes the presence of proven civil liability through an error that is causally linked to the patient suffering harm (5,39). First, to assess professional liability, it is necessary to demonstrate the existence of patient harm due to medical malpractice.…”

Section: Medical Malpractice Liability Assessmentmentioning

confidence: 99%

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AI and professional liability assessment in healthcare. A revolution in legal medicine?

Terranova,

Cestonaro,

Fava

et al. 2024

Front. Med.

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The adoption of advanced artificial intelligence (AI) systems in healthcare is transforming the healthcare-delivery landscape. Artificial intelligence may enhance patient safety and improve healthcare outcomes, but it presents notable ethical and legal dilemmas. Moreover, as AI streamlines the analysis of the multitude of factors relevant to malpractice claims, including informed consent, adherence to standards of care, and causation, the evaluation of professional liability might also benefit from its use. Beginning with an analysis of the basic steps in assessing professional liability, this article examines the potential new medical-legal issues that an expert witness may encounter when analyzing malpractice cases and the potential integration of AI in this context. These changes related to the use of integrated AI, will necessitate efforts on the part of judges, experts, and clinicians, and may require new legislative regulations. A new expert witness will be likely necessary in the evaluation of professional liability cases. On the one hand, artificial intelligence will support the expert witness; however, on the other hand, it will introduce specific elements into the activities of healthcare workers. These elements will necessitate an expert witness with a specialized cultural background. Examining the steps of professional liability assessment indicates that the likely path for AI in legal medicine involves its role as a collaborative and integrated tool. The combination of AI with human judgment in these assessments can enhance comprehensiveness and fairness. However, it is imperative to adopt a cautious and balanced approach to prevent complete automation in this field.

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Section: Medical Malpractice Liability Assessmentmentioning

confidence: 99%

Section: Medical Malpractice Liability Assessmentmentioning

confidence: 99%

AI and professional liability assessment in healthcare. A revolution in legal medicine?

Terranova,

Cestonaro,

Fava

et al. 2024

Front. Med.

Self Cite

View full text Add to dashboard Cite

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Homicide committed by psychiatric patients: Psychiatrists’ liability in Italian law cases

Terranova

Rocca

2015

Med Sci Law

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Interest in psychiatrists' professional liability in Italy has increased in recent years because of the number of medical malpractice claims. Professional liability for failure to prevent violent behaviour by psychiatric patients is particularly debated. This study describes three Italian cases in which health professionals - physicians and nurses - were found guilty of manslaughter for murders committed by psychiatric patients. Examination of the cases focuses on claims of malpractice, patients' characteristics, the circumstances of the homicide and the reasons for the court's judgment. In particular, the predictability of violent behaviour and the concept of causal links are examined in detail. The cases provide an opportunity for a study of comparative jurisprudence. The topics discussed are relevant not only to practicing psychiatrists but also to experts assessing medical liability in cases of criminal acts committed by psychiatric patients.

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Malpractice claims associated with foot surgery

et al. 2020

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Surgery of the foot constitutes a substantial portion of orthopedic procedures, performed by both orthopedic surgeons and doctors of podiatric medicine. Little research exists on the medicolegal implications of foot surgery amongst these specialties. This study seeks to investigate the different medical and legal factors associated with foot surgery-based malpractice litigation. Malpractice data between 2004 and 2017 was collected using the VerdictSearch legal database. Cases involving foot surgery were identified, and case information including physician specialty, procedure, medical outcome, verdict, and payment amount were obtained. A total of 72 cases were analyzed. A majority of lawsuits involved podiatrists (76.4%), with orthopedic surgeons accounting for 15.3%. Lawsuits against podiatrists primarily occurred over elective procedures (94.5%) and most frequently involved plaintiff complaints of persistent pain (41.8%) or deformation (27.3%). Podiatrist cases most often involved allegations of failure to treat (45.5%) or inappropriate surgical procedure (27.3%). Orthopedic surgeons saw higher rates of urgent cases (45.5%), with surgical complications (27.3%) occurring at higher rates than podiatrists. Despite different trends in case types, similar rates of plaintiff victories, and mean payments were seen between podiatrists (25.5%, $911,884 ± 1,145,345) and orthopedic surgeons (27.3%, $975,555 ± 448,795). This investigation is the first to analyze malpractice trends amongst podiatrists and orthopedic surgeons. Differing factors related to medical and legal outcomes can suggest quality improvement targets for both specialties. This data may assist in reducing malpractice risk and refining patient care, particularly with regards to outlining risks, benefits, and alternatives during pre-operative counselling.

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The clinical management of diabetic foot in the elderly and medico-legal implications

Cited by 3 publications

References 38 publications

AI and professional liability assessment in healthcare. A revolution in legal medicine?

AI and professional liability assessment in healthcare. A revolution in legal medicine?

Homicide committed by psychiatric patients: Psychiatrists’ liability in Italian law cases

Malpractice claims associated with foot surgery

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