Inequality in the last resort: how medical appraisal affects malpractice litigations in China

Liang, Fengbo; Liu, Junqiang; Zhou, Hui; Liu, Paicheng

doi:10.1007/s00414-020-02386-x

Cited by 8 publications

(10 citation statements)

References 22 publications

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“…They objectively and comprehensively studied the judicial behavior of judges using the judges' vote as the dependent variable and multiple factors at the case level and the judicial level as explanatory variables [ 29 ]. Liang et al (2020) combined ordinary multiple regression with mediating effect regression and studied the mediating effect of medical appraisal on compensation ratio with the latter's help, and analyzed the impact of case appraisal by professional knowledge institutions on litigation outcomes [ 30 ]. Second, by incorporating appropriate influencing factors, the evaluation method of judicial justice in a specific field is improved and specialized so that the theoretical model is more in line with its core characteristics ( Table 1 ).…”

Section: Literature Reviewmentioning

confidence: 99%

A quantitative evaluation of judicial justice in civil cases with Chinese free trade zone enterprises as the plaintiff

Jiang¹,

Zhang²

2023

Heliyon

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Section: Literature Reviewmentioning

confidence: 99%

A quantitative evaluation of judicial justice in civil cases with Chinese free trade zone enterprises as the plaintiff

Jiang¹,

Zhang²

2023

Heliyon

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“…Due to medical disciplines’ high professionalism and complexity, judges need to rely on professional technical assistance to adjudicate such cases. In order to ensure fairness and justice of verdicts, China has established a "dual-mode" structure of two third-party authentication organisations, the medical association identification and the judicial appraisal institution, which is similar to the system of single joint expert (SJE) [ 18 ]. The medical association identification and the judicial appraisal institution do not represent any of the parties and have a neutral status.…”

Section: Introductionmentioning

confidence: 99%

A machine learning-based predictive model of causality in orthopaedic medical malpractice cases in China

Yang,

Luo,

Lin

et al. 2024

PLoS ONE

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Purpose To explore the feasibility and validity of machine learning models in determining causality in medical malpractice cases and to try to increase the scientificity and reliability of identification opinions. Methods We collected 13,245 written judgments from PKULAW.COM, a public database. 963 cases were included after the initial screening. 21 medical and ten patient factors were selected as characteristic variables by summarising previous literature and cases. Random Forest, eXtreme Gradient Boosting (XGBoost) and Light Gradient Boosting Machine (LightGBM) were used to establish prediction models of causality for the two data sets, respectively. Finally, the optimal model is obtained by hyperparameter tuning of the six models. Results We built three real data set models and three virtual data set models by three algorithms, and their confusion matrices differed. XGBoost performed best in the real data set, with a model accuracy of 66%. In the virtual data set, the performance of XGBoost and LightGBM was basically the same, and the model accuracy rate was 80%. The overall accuracy of external verification was 72.7%. Conclusions The optimal model of this study is expected to predict the causality accurately.

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“…For example, medical malpractice lawsuits are relatively rare in China. In 2014, 115,000 medical disputes were recorded in China, and only 17% of medical litigation cases were accepted by the court [ 8 ]. However, with a frequent incidence of workplace violence in hospitals [ 9 ], many Chinese medical workers have tend to regard patients as a genuine threat, and therefore, fear of malpractice is not merely an excuse for “economically motivated corruption” [ 3 ].…”

Section: Introductionmentioning

confidence: 99%

The association between fear of malpractice and burnout among Chinese medical workers: The mediating role of legal consciousness

Liang

Guo

2022

BMC Psychiatry

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Background As a major reason for defensive medicine, the status and effect of “fear of malpractice” among Chinese medical staff is an important topic that needs to be studied. Our study investigated fear of malpractice among Chinese medical workers, assessed its association with burnout, and explored the mediating role of legal consciousness between these factors. Design A quantitative, cross-sectional study. Setting All respondents were investigated using a self-report questionnaire. Demographic characteristics and measurements including a fear of malpractice scale, and a burnout and legal consciousness scale were employed. The effect of fear of malpractice on burnout was examined by carrying out a binary regression analysis. A mediation model was used to test the mediating role of legal consciousness. Participants The study sample included 1031 doctors and nurses (297 male and 734 female; age = 36.3 ± 8.98). Results The average score of fear of malpractice was 20.97 ± 5.34. Respondents with higher levels of fear of malpractice were more prone to burnout ([OR] = 2.865; 95% CI 1.942–4.226). Legal consciousness partially and negatively mediated the effect of fear of malpractice on burnout. Conclusion High levels of fear of malpractice were found among Chinese medical workers, and this fear had a significant effect on burnout. Legal consciousness may be a resource that can alleviate burnout.

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Inequality in the last resort: how medical appraisal affects malpractice litigations in China

Cited by 8 publications

References 22 publications

A quantitative evaluation of judicial justice in civil cases with Chinese free trade zone enterprises as the plaintiff

A quantitative evaluation of judicial justice in civil cases with Chinese free trade zone enterprises as the plaintiff

A machine learning-based predictive model of causality in orthopaedic medical malpractice cases in China

The association between fear of malpractice and burnout among Chinese medical workers: The mediating role of legal consciousness

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