Mammaplasties and Medicolegal Issues: 50 Cases of Litigation in Aesthetic Surgery of the Breast

Marchesi, Andrea; Marchesi, Matteo; Fasulo, F. C.; Morini, Osvaldo; Vaienti, Luca

doi:10.1007/s00266-011-9768-y

Cited by 19 publications

(12 citation statements)

References 14 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 ]. However, unlike other medical practices, cosmetic surgery is often not suitable for medical litigation, as discrepancies commonly exist between a patient’s personal feelings about beauty and a third party’s view as to the results of the cosmetic surgery.…”

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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“…It is therefore very important to develop a standardized safety tool that would improve, promote and safeguard patients' treatment plans and care. [10][11][12] Below we propose a structured stepwise methodology to serve as a guide for other Surgical and Interventional specialties:…”

Section: Discussionmentioning

confidence: 99%

Improving the quality of the daily ward round in a Plastic Surgery unit by adapting the SAFE Ward Round Tool of the Royal College of Surgeons of Edinburgh

Koumoullis

Shapev

Wong

et al. 2020

Journal of Patient Safety and Risk Management

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Aim Our goal was to audit the quality of the ward round documentation in our Plastic Surgery department by using the SAFE Ward Round Tool of the RCS Edinburgh’s as a reference standard, and to create an in-house pro-forma based on results and discussion. Method An initial cycle based on the SAFE Tool was undertaken with prospective audit of individual daily ward round entries. A sticker pro forma was introduced and re-audit was done using the same criteria. Based on results and discussion, the pro-forma was further improved. Re-audit was performed to assess percentage of completion of its contents. Results The first cycle showed 47% (n = 42) completion rate and re-audit after implementation of the sticker found a rise up to 70% (n = 42). The third cycle examining solely sticker completion yielded a compliance of 88% (n = 61). This improvement reflected to the enthusiastic comments received from staff working in allied specialties. Conclusions Significant lapses in daily ward round documentation were revealed by our methodology. A sticker pro-forma, which we have named the Surgical Tool for the Assessment of Rounds (STAR), was introduced and provided measurable and sustainable improvements on our daily ward round practice. That had as a result the safeguarding of patient safety in the frame of Good Medical Practice. We suggest same methodology to be followed based on the SAFE Ward Round Tool for surgical ward rounds improvement in all the surgical and interventional specialties particularly when there is a component of emergency admission in their daily practice

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“…It is therefore imperative to give consideration to patients' reasons for making the case about informed consent. Patients oftentimes will make the informed consent (or lack thereof) case because it is exceedingly difficult to prove in a court of law that the physician has neglected to perfectly and adequately explain the situation at hand to the patient [ 28 ]. On the other hand, this can be seen as a sign of dissatisfaction toward the quality of explanation provided by the medical personnel.…”

Section: Discussionmentioning

confidence: 99%

Analysis of closed medical litigation in urology

et al. 2017

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PurposeThe objective of this study was to provide a descriptive understanding of the characteristics of malpractice litigation related to urology by examining court cases.Materials and MethodsA total of 6,074 court cases related to medical malpractice litigation filed between 2005 and 2010 were received from the Lower Courts, the Appellate Courts, and the Supreme Court of Korea. Of the received cases, 34 urology-related civil proceedings were analyzed. The following information was compiled and investigated from the cases: background, age and sex of patient, categorization of the defendant, opinion of the court, amount claimed and awarded in damages, type of medical treatment involved, and negative effects resulting from the medical accident.ResultsThe average amount in damages paid out to plaintiffs in this research was 27,186,504±32,371,008 Korean won (KRW) (range, 1,000,000–100,000,000 KRW). A total of 9 of the 34 analyzed cases (26.5%) ruled in favor of the plaintiff, with all 9 cases involving a surgery. An analysis of the surgery sites further revealed that the penis was the most frequently litigated over site of surgery, making up 14 of the 35 sites (40.0%).ConclusionsInformation regarding urology malpractice lawsuits should be made available to help prevent further disputes and litigation. Continuous efforts must be expended in the prevention of accidents and disputes, alongside research into urology-related cases beyond 2010. Extensive cause analysis and recurrence prevention methods must also be researched to enhance overall patient safety.

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Mammaplasties and Medicolegal Issues: 50 Cases of Litigation in Aesthetic Surgery of the Breast

Cited by 19 publications

References 14 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

Improving the quality of the daily ward round in a Plastic Surgery unit by adapting the SAFE Ward Round Tool of the Royal College of Surgeons of Edinburgh

Analysis of closed medical litigation in urology

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