1. An analysis of closed medical litigations against the obstetrics departments in Taiwan from 2003 to 2012
- Author
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Yung-Lin Yen, Hsien-Hung Cheng, Pai-Chun Yen, Fu-Jen Cheng, Chien-Hung Wu, Te-Yao Hsu, and Kuan-Han Wu
- Subjects
Adult ,medicine.medical_specialty ,Taiwan ,Disease ,Indemnity ,03 medical and health sciences ,0302 clinical medicine ,Pregnancy ,Antenatal screening ,Humans ,Medicine ,030212 general & internal medicine ,Medical diagnosis ,Obstetrics and Gynecology Department, Hospital ,health care economics and organizations ,Retrospective Studies ,Adjudication ,030219 obstetrics & reproductive medicine ,business.industry ,Health Policy ,Obstetrics Departments ,Malpractice ,Public Health, Environmental and Occupational Health ,General Medicine ,medicine.disease ,Family medicine ,Female ,National database ,Medical emergency ,Epidemiologic data ,business - Abstract
Objective To examine the epidemiologic data of closed medical claims from Taiwanese civil courts against obstetric departments and identify high-risk diseases. Design A retrospective descriptive study. Setting/study participants The verdicts from the national database of the Taiwan judicial system that pertained to obstetric departments were reviewed. Between 2003 and 2012, a total of 79 closed medical claims were included. Main outcome measures The epidemiologic data of litigations including the results of adjudication and the disease and outcome of the alleged injury. Results A majority of the disputes (65.9%) were fetus-related. Four disease categories accounted for 78.5% of all claims including (i) perinatal maternal complications (25.3%); (ii) errors in antenatal screening or ultrasound diagnoses (21.5%); (iii) fetal hypoxemic-ischemia encephalopathy (16.5%); and (iv) brachial plexus injury (15.2%). Six cases (7.6%) resulted in an indemnity payment with a mean amount of $109 205. Fifty-one cases (64.6%) were closed in the district court. The mean incident-to-litigation closure time was 52.9 ± 29.3 months. All cases with indemnity payments were deemed negligent or were at least determined to be controversial by a medical appraisal, while all defendants whose care was judged as appropriate by a medical appraisal won their lawsuits. Conclusions Almost 93% of clinicians win their cases but spend 4.5 years waiting for final adjudication. The court ruled against the clinician only if there was no appropriate response during a complication or if there was no follow-up or further testing for potential critical diseases.
- Published
- 2015
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