Academia.edu no longer supports Internet Explorer.
To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser.
2019, Foresight
AI
The paper addresses the concept of risk transfer in medicine, particularly focusing on iatrogenics—the unintended harm from medical treatment. It emphasizes the evolution of risk from visible to hidden, driven by conflicts of interest between patients and practitioners, and explores how pharmaceutical companies and researchers contribute to this phenomenon. The authors argue for more stringent treatment thresholds to avoid unnecessary medicalization and advocate for ethical practices in research to mitigate societal risks.
British Medical Journal, 2003
2015
Patients who have not been warned of risks involved in a course of treatment traditionally had to establish that, had they been properly informed, they would have opted for a different path. This paper demonstrates that there has been a shift in judicial attitudes; it is no longer enough that medical professionals satisfy their duties to patients, rather they must ensure their patients have the knowledge required to make an autonomous decision. It further shows that the law on causation has been extended on policy grounds to give remedies to a greater class of patients.
Advances in Integrative Medicine, 2014
Quality and Safety in Health Care, 2001
This paper defines risk and its component elements and describes where clinical practice may be starting from in terms of what is reported in the literature about understanding risks and the information requirements of consumers. It notes briefly how theoretical models in the literature contribute to our understanding by providing a basis from which to summarise current evidence about the eVects of healthcare interventions which address risks and risk behaviour. The situations or types of interventions in which risk related interventions are most eVective are described, but a significant caveat is noted about the types of outcomes which have been reported in the literature and which are most appropriate to evaluate. The eVects of "framing" variations in the information given to consumers and the ethical dilemmas these raise for a debate about "informed choice" in healthcare programmes are discussed. In response to both the practical and ethical dilemmas that arise from the current evidence, some of the areas where attention should be focused in the future are outlined so that both health gain and informed choice might be achieved. These include the use of decision aids, although their implementation is not widespread at present. Lessons from the current literature on how further progress can be made towards improved communication, discussion between professionals and consumers, and enhancing informed choice are discussed.
La Clinica terapeutica, 2021
Having regard to the increasing attention to the issue of safety and health of patients and workers by low, the hypothesis that this topic will be the growing trend in the next years does not seem to be manifestly unfounded. For this reason, it is wise for healthcare professionals to already be aware that any violation of the interests underlying the legislation in question entails a ruling on civil and/or criminal liability. It is therefore necessary to identify the most suitable means to prevent undue harm occurring, partly to exempt healthcare professionals and hospitals from compensation costs, thereby providing them with recourse to insurance coverage. Healthcare facility organisations must adopt Risk Management techniques as a tool to simultaneously guarantee the effectiveness of health services (in this case), the efficiency of the management economy, and finally compliance with all legally required precautions. This will relegate the occurrence of an adverse event to remote ...
Medical care, 2000
Law, Innovation and Technology
This special issue features papers culminating from a six seminar ESRC series 'Liability versus innovation: Unpacking Key Connections,' convened between December 2015 and September 2017 at Keele, QUT (Brisbane, Australia) and Durham universities. 1 The seminar series was conceived in response to perceptions of scientists and clinicians that, despite the pro innovation rhetoric in Government policy documents, 2 the threat of malpractice liability might stifle innovative treatment (IT). Such perceptions are supported by two related claims common in medicolegal literaturethat the threat of legal liability following adverse outcomes causes defensive medicine, 3 and that the threat of legal liability stifles innovation. 4 The extent of these problems remains disputed. In particular, the Bolam-Bolitho test of clinical negligence in Englandwhich excludes liability for clinical decisions accepted as proper by a responsible body of skilled medical peers unless such practice is illogical 5is arguably problematic in terms of incentives to engage in IT. An IT is by definition less likely to accord with accepted practice. So, while policy-makers encourage and pay considerable lip service to innovation, tort law might give the opposite incentive to clinicians. Or so goes the argument.
Recent research challenges the foundations of regulatory policy for pharmaceutical drugs and medical treatments in a novel way: rather than a single risky treatment, the regulator should prefer a menu of treatments with ambiguous risks (Viscusi and Zeckhauser 2015). Then, patients would have opportunity to try treatments, eventually settling on the one that works best for them. I examine this argument and offer three conclusions. (1) Patient heterogeneity – i.e. patients respond differently to a given treatment – creates the matching problem that motivates trial-and-switch strategies, and provides the ambiguity that drives the potential gains therefrom. However, trial and switch is not an unmixed blessing. (2) Ambiguity-seeking policy, over and above that provided by patient heterogeneity, would be accomplished by reducing sample sizes and/or replications in pre-approval testing. The mean level of acceptable risk could be maintained, but confidence limits would expand, increasing the risk to individual patients. In effect, this is just another proposal for less regulatory caution regarding treatment risks and more attention to risk-risk trade-offs, as suggested by the quality-adjusted life-years, QALY, framework. (3) The case for risk-neutral regulation of treatment safety should be taken seriously in cases of devastating and life-threatening afflictions. Otherwise it fails, most obviously in the case of treatments for relatively minor ailments, which treatments dominate shelf space at drug stores and advertising in the media.
Risk in the performance of medical activities medico legal overview, 2019
The survey found that most physicians understand some of the actions that a doctor takes to improve a patient’s health, and believe that the risk begins with the identification of circumstances that may endanger the patient’s life and health. The results made it possible to confirm that the medical risk is present in the practical activity of each of the doctors, and the main purpose is to save the life and health of the patient. The analysis of court convictions shows that due to insufficient regulation of risk, its onset and basic features, most of the concepts are evaluative, which leads to a lack of uniformity of jurisprudence on medical risk issues and the unlawful prosecution of doctors. Based on the analysis of key signs of medical risk, it has been formulated that justified medical risk is the risky action of a doctor within the framework of normative acts on treatment, which are performed in order to protect the life and health of the patient, if the stated goal cannot be achieved by risk-free actions. The study also revealed trends in the use of justifiable risk by physicians in practice