The Factors Affecting the Final Verdict in Medical Errors Complaints

Document Type : Original Article (s)

Authors

1 Forensic Medicine Specialist and Toxicologist, Department of Forensic Medicine, Isfahan University of Medical Sciences, Isfahan, Iran

2 General Practitioner, Legal Medicine Office, Isfahan, Iran

3 Forensic Medicine Specialist, Legal Medicine Office, Isfahan, Iran

Abstract

Background: Complaints from medical doctors have created problems for both physicians and patients. As a result, patients find it hard to trust their physicians and doctors feel more stressed. The purpose of this search was to evaluate all complaints in all specialized fields and to identify the subjects at risk. It also tried to assess the effects of characteristics of plaintiffs (patients) and defendants (physicians) on the final verdict.Methods: This was a retrospective cross-sectional study. The statistical population consisted of all records of the malpractice complaints in different specialized fields adjudicated in Isfahan Department of Legal Medicine, during 2009-2010. Demographic characteristics of physicians and patients, the place at which the physician worked, type of medical negligence, conviction rate, and complaint outcome were evaluated.Findings: In the 123 studied cases, the mean age of patients was 37.8 ± 7.8. Moreover, 64.5% were men and 53% had a high school diploma or a higher educational level. The mean age of physicians was 43.29 ± 9.64. In addition, 81% were men, 45.9% were highly experienced and 65.3% were specialists (surgery, orthopedics, gynecology, and anesthesia). Most complaints were from non-academic governmental centers. While 50.8% of physicians were charged with an average of 35.2 ± 34.1 percent error, the most common error type was imprudence. The final verdict was associated with education and gender of the patient. The percent error was associated with type of disease, education and gender of the patient, and the final injury and disease status. Conclusion: Patients may complain from physicians due to increased awareness and expectations. Specialists, particularly surgeons, are more at risk. Although many complaints of severe injuries, such as death, have been made, the percentage of failure has been determined to be higher in minor injuries or financial losses. Therefore, considering the high rate of fault in judgment commissions, more teaching and counseling centers are required.

Keywords

References

  1. Selbst SM, Friedman MJ, Singh SB. Epidemiology and etiology of malpractice lawsuits involving children in US emergency departments and urgent care centers. Pediatr Emerg Care 2005; 21(3): 165-9.
  2. Leaman TL, Saxton JW. Preventing Malpractice: The Co-active Solution. New York: Springer; 1993. p. 9-14.
  3. Madea B, Preuss J. Medical malpractice as reflected by the forensic evaluation of 4450 autopsies. Forensic Sci Int 2009; 190(1-3): 58-66.
  4. Charatan F. Medical errors kill almost 100000 Americans a year. BMJ 1999; 319(7224): 1519.
  5. Harris MH. To err is human--the fallible physician. S D J Med 2004; 57(1): 9-11.
  6. Kermode-Scott B. US has most reports of medical errors. BMJ 2005; 331(7525): 1100.
  7. Mello MM, Studdert DM, Brennan TA. The new medical malpractice crisis. N Engl J Med 2003; 348(23): 2281-4.
  8. Haghi SZ, Zare G, Attaran H. The factors that result in the conviction of surgical teams in medical negligence claims and the quality of assessing such claims in Mashad's Medical council. Sci J Forensic Med 2005; 11(3): 141-5. [In Persian].
  9. Shikhazadi A, Ghadiani MH, Kiani M. Medical negligence complaint dentists in Iran. Sci J Forensic Med 2008; 13(3): 171-80. [In Persian].
  10. Rafiei M, Alami Harandi S. Assessing Records of Medical Negligence Complaints in Neurosurger y Submitted to the National 's Medical Council during 2001-2006 [Thesis]. Tehran: Tehran University of Medical Sciences; 2008.
  11. Amooi M, Soltani K, Kahani A, Najjari F, Rohi M. Assessing medical negligence cases submitted to the National’s Forensic Medicine 1999. Sci J Forensic Med. 2000; 6(21): 15. [In Persian].
  12. Akhlaghi M, Tofighi Zavareh H, Samadi F. Medical negligence claims in obstetrics and gynecology referred to the Medical Commission of the National Forensic Medicine Organization during 2001-2. Sci J Forensic Med 2004; 10(34): 70-4. [In Persian].
  13. Howie WO. Anesthesia-related lawsuits in Maryland: CRNA and anesthesiologist claims. AANA J 1998; 66(4): 394-7.
  14. Nobakht Haghighi A, Zali MR, Mahdavi MS, Norouzi A. Assessing the causes of patient complaints from physicians among those referred to Tehran Medical council. J Med counc Islam Repub Iran. 2000; (4): 295 -303. [In Persian].
  15. Mahfouzi A, Taghadosi-nejad F, Abedi Khoorasgani H. Assessing medical negligence complaint records from anesthesia specialty referred to the Medical Commission of the National 's Forensic Medicine Commission during 6 year periods up to 1999.Sic J Forensic Med 2002; 8(26): 4-10. [In Persian].
  16. Rasouli S. Prevalence of anesthetic injuries in claims referred to Tabriz medical council. Journal of legal medicine of Islamic Republic of Iran 2003; 29; 9: 18-21. [In Persian].
  17. Sadock BJ, Sadock BJ. Kaplan and Sadock's Synopsis of Psychiatry. 10th ed. Philadelphia: Lippincott Williams & Wilkins; 2007. p. 12-35.
Journal of Isfahan Medical School
Volume 29, Issue 161 - Serial Number 161
September and October 2011
Pages 1783-1795

Files

History

  • Receive Date: 12 July 2011
  • Revise Date: 01 November 2024
  • Accept Date: 06 April 2022

Share

How to cite

Statistics