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The aim of this paper is to determine the available remedies for medical negligence instances in Bangladesh.
Abstract
Purpose
The aim of this paper is to determine the available remedies for medical negligence instances in Bangladesh.
Design/methodology/approach
This research work is qualitative in nature. Books, journal articles, case law and statutory laws have been reviewed to formulate this work.
Findings
A victim of medical negligence in Bangladesh can approach the court seeking remedy under the Criminal Law, Civil Law and Constitutional Law. Moreover, medical professionals are expected to be aware about the legal consequences of their medically negligent practices, and they should indulge in ethical practices so as to avoid getting embroiled in controversial situations and litigations.
Originality/value
The main reasons for unaccountability of medical practitioners include the unwillingness of people to initiate action against medical practitioners and the lack of legal knowledge about the remedies for medical negligence instances. This paper will assist in gather the required legal knowledge.
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The purpose of this study is to determine the existing legal implications for medical negligence in India and recommending how open communication and empathy by the doctors can…
Abstract
Purpose
The purpose of this study is to determine the existing legal implications for medical negligence in India and recommending how open communication and empathy by the doctors can help prevent these implications.
Design/methodology/approach
This research is based on a qualitative method. Indian laws, Indian constitution, journal articles, books and other writings have been reviewed to develop this study.
Findings
There are many legal implications for medical negligence in India, and justice can be demanded under a number of Indian laws. This study also found that it is important to create awareness regarding the laws governing medical negligence through effective communication and empathy.
Originality/value
Extant literature discusses in detail the various laws related to medical negligence and few talk about creating awareness about these laws amongst people, and while some researchers understand the importance of sensitizing health professionals of the nitty-gritty of the legal implication governing medical negligence, none provides a framework of medical negligence with the help of sensitizing health professionals through communication. This study fills the gap by focusing on prevention than cure.
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Explores the relationship between doctors, lawyers and the government in the context of the explosion in clinical negligence litigation, clinical governance and the introduction…
Abstract
Explores the relationship between doctors, lawyers and the government in the context of the explosion in clinical negligence litigation, clinical governance and the introduction of the Human Rights Act 1998. Examines these issues from a legal perspective. Concludes that successful risk management, careful monitoring and the implementation of authoritative guidelines hold the key to legal change.
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Wen‐Chen Tsai, Pei‐Tseng Kung and Yi‐Ju Chiang
The purpose of this paper was to examine the relationship between medical malpractice claims and medical care quality in Taiwan. The Delphi technique with an expert panel was used…
Abstract
The purpose of this paper was to examine the relationship between medical malpractice claims and medical care quality in Taiwan. The Delphi technique with an expert panel was used to determine the relationship between malpractice and medical quality. A total of 371 medical malpractice claims were analyzed. Main measures included the rate and strength of malpractice cases associated with quality and the identification of the quality factors influencing the occurrence of malpractice. Results showed that malpractice claims were associated with internal medicine cases, surgery cases, pediatric cases, obstetric and gynecological cases, physicians' professional competence, non‐acceptable outcomes, complications, and poor communication. Concludes that medical malpractice cases could be avoided by increasing physicians' professional knowledge, practical skills, and communication.
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Carol Hindley and Ann M. Thomson
The routine use of intrapartum electronic fetal monitoring (EFM) has resulted in an increased burden of operative and vaginal instrumental deliveries for women at low obstetric…
Abstract
Purpose
The routine use of intrapartum electronic fetal monitoring (EFM) has resulted in an increased burden of operative and vaginal instrumental deliveries for women at low obstetric risk. Such modes of delivery increase maternal mortality and morbidity risks. This study aims to explore midwives' values, attitudes and beliefs when using intrapartum fetal monitoring techniques in clinical practice.
Design/methodology/approach
A total of 58 registered midwives across two NHS Trusts in one region in the north of England were interviewed using a qualitative approach.
Findings
Midwives attempted to manage the psychological burden of the threat from clinical negligence by using EFM. This meant that some midwives used electronic monitoring regardless of clinical need. Midwives lack confidence in the ability of EFM to accurately detect fetal compromise but are aware that the visual monitoring record is recognised as a valuable piece of legal evidence. The midwives' perceptions of professional self‐efficacy in seeking to avoid a claim in clinical negligence contributed to defensive practice. Research limitations/implications – The study was conducted in only two hospitals in one region of England; however the Trust demographics were similar and midwifery practice within the unit reflects national maternity standards of care.
Practical implications
Multidisciplinary strategies may be required to overcome barriers to the effective implementation of clinical guidelines where intrapartum fetal monitoring is concerned and Trust audit departments must undertake regular audit cycles in order to ascertain practice compliance with best evidence.
Originality/value
The paper provides information so that midwives' knowledge regarding the limitations of EFM can be improved.
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Chih-Hsuan Huang, Ying Wang, Hsin-Hung Wu and Lee Yii-Ching
The aims of this study are to (1) evaluate physicians and nurses' perspectives on patient safety culture amid the COVID-19 pandemic and (2) integrate the emotional exhaustion of…
Abstract
Purpose
The aims of this study are to (1) evaluate physicians and nurses' perspectives on patient safety culture amid the COVID-19 pandemic and (2) integrate the emotional exhaustion of physicians and nurses into an evaluation of patient safety culture to provide insights into appropriate implications for medical care.
Design/methodology/approach
Patient safety culture was assessed with the Chinese version of the Safety Attitudes Questionnaire. Confirmatory factor analysis was conducted to validate the structure of the data (i.e. reliability and validity), and Pearson's correlation analysis was performed to identify relationships between safety-related dimensions.
Findings
Safety climate was strongly associated with working conditions and teamwork climate. In addition, working conditions was highly correlated with perceptions of management and job satisfaction, respectively. It is worth noting that the stress and emotional exhaustion of the physicians and nurses during this epidemic were high and needed attention.
Practical implications
For healthcare managers and practitioners, team-building activities, power of public opinions, IoT-focused service, and Employee Assistance Programs are important implications for inspiring the patient safety-oriented culture during the period of the COVID-19 pandemic.
Originality/value
This paper considers the role of emotional state into patient safety instrument, a much less understood but equally important dimension in the field of patient safety.
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– The purpose of this paper is to explore regulation in India’s healthcare sector and makes recommendations needed for enhancing the healthcare service.
Abstract
Purpose
The purpose of this paper is to explore regulation in India’s healthcare sector and makes recommendations needed for enhancing the healthcare service.
Design/methodology/approach
The literature was reviewed to understand healthcare’s regulatory context. To understand the current healthcare system, qualitative data were collected from state-level officials, public and private hospital staff. A patient survey was performed to assess service quality (QoS).
Findings
Regulation plays a central role in driving healthcare QoS. India needs to strengthen market and institutional co-production based approaches for steering its healthcare in which delivery processes are complex and pose different challenges.
Research limitations/implications
This study assesses current healthcare regulation in an Indian state and presents a framework for studying and strengthening regulation. Agile regulation should be based on service delivery issues (pull approach) rather than monitoring and sanctions based regulatory environment (push approach).
Practical implications
Healthcare pitfalls across the world seem to follow similar follies. India’s complexity and experience is useful for emerging and developed economies.
Originality/value
The author reviewed around 70 publications and synthesised them in healthcare regulatory contexts. Patient’s perception of private providers could be a key input towards steering regulation. Identifying gaps across QoS dimensions would be useful in taking corrective measures.
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The absence of a formal code of ethics for librarians in Britain until 1983 meant that ethical values were passed on by example rather than precept. Increased interest in ethical…
Abstract
The absence of a formal code of ethics for librarians in Britain until 1983 meant that ethical values were passed on by example rather than precept. Increased interest in ethical issues in the 1970s, when the profession was seen as in crisis, resulted in discussions within the Library Association and a draft code was issued in 1981. Despite strong criticism of the draft, it became the basis of the formal Library Association code. It has seldom been tested as a disciplinary instrument. Renewed interest in ethical issues and the need for a Chartered Institute of Library and Information Professionals (CILIP) code, after the creation of the new organisation in 2002, have returned codes into the area of debate. It is suggested that a new code, rather than standing alone, might form part of a group of related codes from other organisations, all of which could be endorsed by CILIP. This would be intended to encourage ethical maturity in the profession, rather than simply acting as a basis for professional discipline.
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Diana M.R. Tribe and Gill Korgaonkar
This, the first of three papers, provides an overview of the law of negligence as it affects medical practitioners in the UK. The standard of care owed by doctors to patients is…
Abstract
This, the first of three papers, provides an overview of the law of negligence as it affects medical practitioners in the UK. The standard of care owed by doctors to patients is considered in the light of recent increases in malpractice claims, the escalating cost of medical insurance and current Government proposals for Crown indemnity.
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L.J. Davies, L.J. Buckley and L.J. Orr
October 25, 1973 Damages — Remoteness — Negligence — Master and servant — Injury to employee's leg caused by employer's admitted negligence — Subsequent medical treatment causing…
Abstract
October 25, 1973 Damages — Remoteness — Negligence — Master and servant — Injury to employee's leg caused by employer's admitted negligence — Subsequent medical treatment causing encephalitis — Injection of anti‐tetanus serum — Negligent method of injection not causative of illness — Plaintiff with allergy to serum used — Illness an unforeseeable consequence of foreseeable medical treatment — Whether employer liable.