Complaints, grievances, and claims against physicians: Does tort reform make a difference?

Abstract

This study reviews data available from a mediation committee (MC) for a county medical society, the Texas Medical Board (TMB), and the Texas Medical Liability Trust (TMLT) during the decade of Texas tort reform. It explores why some patients file formal complaints and grievances against their physicians. It also compares data from the TMB and TMLT to investigate how tort reform might influence their activities. Results show the majority of complaints or grievances mediated by the MC start with communication problems followed by allegations of inappropriate treatment, fees, medical records, and delays in diagnoses. Analysis of available data also suggests changes in liability rules may reduce liability claims while having little or no impact on mediated case trends or their triggers at least to one county medical society.

Assessing the effectiveness of conflict management training in a health sector organization: evidence from subjective and objective indicators

“…As expected, then, we may conclude that the training designed to provide workers with essential skills for conflict management (emotional regulation skills to help them manage emotions stemming from conflicts; interpersonal communication skills to facilitate mutual understanding; and problem solving skills to reach mutually beneficial solutions) is an effective intervention not only in terms of lowering the costs inherent in conflict resolution and withdrawal behaviours (mediation systems and absenteeism: Dijkstra et al, 2009;Giebels & Janssen, 2005;Pruitt, 2008) but also to improve employee performance by reducing the number of patients' complaints (Alexander, 2010;Tjosvold et al, 2014).…”

“…This measure is considered a proxy for job performance in healthcare settings (e.g., Aiken et al, 2012;Alexander, 2010;Kaplan et al, 2010). We considered only complaints about relational service but not about facilities or similar aspects of the organization) made with reference to specific employees (total number of complaints received over a given period of time).…”

Informed Consent as a Litigation Strategy in the Field of Aesthetic Surgery: An Analysis Based on Court Precedents

“…Violation of the doctor's duty of non-malfeasance means that an instance of malpractice occurred during the procedure, as determined based on testimony from expert counsel. Similarly to the US court system, the elements that must be proven to make a successful claim are (1) the contractual duty between doctor and patient, (2) breach of this duty due to failure to comply with professional standards, (3) a causal relationship between the breach of duty and injury to the patient, and (4) the existence of damage resulting from the injury [ 2 3 4 5 ]. In South Korea, the patient must convince the judge that the doctor was negligent and provide proof of causation, which is difficult without help from other doctors.…”

“…In contrast to arguments involving violation of non-malfeasance, in which the burden of proof is on the patient, physicians must prove that they provided proper information and obtained proper informed consent [ 2 3 4 5 ]. This makes it easier for a patient to file a lawsuit in South Korea.…”