Analysis of Medical Litigation Among Patients with Medical Disputes in Cosmetic Surgery in Taiwan

Lyu, Shu Yu; Liao, Chuh Kai; Chang, Kao Ping; Tsai, Shin-Yu; Lee, Ming-Been; Tsai, Feng-Chou

doi:10.1007/s00266-011-9684-1

Cited by 21 publications

(24 citation statements)

References 26 publications

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“…Plastic surgeons perform cosmetic surgery more often than they treat diseases [ 11 ]. They, therefore, face relatively more complaints from patients about surgery-related matters than those in other medical departments [ 12 , 13 ].…”

Section: Discussionmentioning

confidence: 99%

Analysis of the Legal Effect of Settlement Agreements Prepared in Medical Litigation Following Plastic Surgery in Korea

et al. 2017

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BackgroundSettlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements.MethodsData from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea. Factors that influenced the effectiveness of settlement agreements were analyzed.ResultsAmong the 287 court precedents, there were 68 cases of covenant not to sue. Eighteen cases were dismissed because the settlement agreements were recognized as effective, and 50 cases were sent forward for judgment on their merits because the agreements were not recognized as effective. The types of surgery and types of complications were classified by frequency. We evaluated the geographical distribution of the precedents, the settlement timing, and the effectiveness and economic impact of the settlements. We found that there was no statistically significant relationship among these factors. Four major factors that made a settlement agreement legally effective were identified, and the data showed that fee-free reoperations were not considered by the court in determining the compensation amount.ConclusionsWhen preparing a settlement agreement, it is advisable to review the contents of the agreement rather than to take the preparation of a settlement agreement per se to be legally meaningful.

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Section: Discussionmentioning

confidence: 99%

Analysis of the Legal Effect of Settlement Agreements Prepared in Medical Litigation Following Plastic Surgery in Korea

et al. 2017

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“…The definitions of several terms must be clarified first. The associations among malpractice, medical disputes, medical litigation and medical assessment are depicted in Figure . Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patients .…”

Section: Introductionmentioning

confidence: 99%

“…Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patients . Medical disputes is defined as a patient proposal in return for the argument, which may or may not correlate medical malpractice . Medical litigation occurs when patients or their families file a lawsuit against physicians, hospital or other medical associates over medical disputes …”

Section: Introductionmentioning

confidence: 99%

“…The associations among malpractice, medical disputes, medical litigation and medical assessment are depicted in Figure 1. 11,12 Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patients. 12 Medical disputes is defined as a patient proposal in return for the argument, which may or may not correlate medical malpractice.…”

Section: Introductionmentioning

confidence: 99%

“…12 Medical disputes is defined as a patient proposal in return for the argument, which may or may not correlate medical malpractice. 11 Medical litigation occurs when patients or their families file a lawsuit against physicians, hospital or other medical associates over medical disputes. 12 Medical dispute cases involve medical professional knowledge and complicated healthcare practices.…”

Section: Introductionmentioning

confidence: 99%

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Time trends of assessments for medical dispute cases in Taiwan: a 20‐year nationwide study

Weng

Chen

2013

Internal Medicine Journal

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Medical disputes and patient satisfaction in China: How does hospital management matter?

Wang

Liu

Bloom

et al. 2021

Health Planning & Management

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Objective Satisfaction with healthcare may be captured by surveys of patients and staff, or in extreme cases, the number and severity of medical disputes. This study tries to investigate the relationship between satisfaction and hospital management as well as the role of good management in preventing medical disputes ex ante. Method We investigate this relationship using information on management practices collected from 510 hospitals in mainland China using the World Management Survey questionnaire and combined with medical malpractice litigation data and patient/staff satisfaction surveys. Multiple regression models were used to analyse the relationship between hospital management scores and medical litigation outcomes as well as patient and staff satisfaction during 2014–2016. Results An increase of one standard deviation in the management score was related to 13.1% (p < 0.10) lower incidence of medical disputes, 12.4% (p < 0.05) fewer medical litigations, and 51.3% (p < 0.10) less compensation. Better management quality of hospitals was associated with higher inpatient satisfaction (p < 0.05) and staff well‐being (p < 0.01). Conclusion Improving hospital management could reduce hospital costs generated by lawsuits, reduce potential harm to patients, and improve patient and staff satisfaction, thus leading to a better patient‐physician relationship.

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Analysis of Medical Litigation Among Patients with Medical Disputes in Cosmetic Surgery in Taiwan

Abstract: The study findings suggest that the key characteristics of patients and surgeons should be taken into consideration not only in the search for ways to enhance pre- and postoperative communication but also as useful information for expert testimony in the inquisitorial law system.

Cited by 21 publications

References 26 publications

Analysis of the Legal Effect of Settlement Agreements Prepared in Medical Litigation Following Plastic Surgery in Korea

Analysis of the Legal Effect of Settlement Agreements Prepared in Medical Litigation Following Plastic Surgery in Korea

Time trends of assessments for medical dispute cases in Taiwan: a 20‐year nationwide study

Medical disputes and patient satisfaction in China: How does hospital management matter?

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