Dentists ; legislation & jurisprudence ; Liability, Legal

Dentists ; legislation & jurisprudence ; Humans ; Liability, Legal

In the personal injury compensation system, the protection and relief of the injured people's rights to life, rights to health, and body rights are generally based on the results of disability assessment. Over the years, with the increased number of personal injury compensation cases, the practice of disability assessment have been greatly developed, and the development of disability assessment standards tends to be mature. However, the lack of basic theories for disability assessment has seriously affected the construction and unification of standards. Starting from the tort legal system of personal injury compensation, this article systematically analyzes the legal theories of disability assessment, and holds that the loss of labor ability is the legal basis for disability assessment in China, and the essence of disability assessment should be understood as the quantitative assessment of an individual's permanent loss of labor ability. This article combines the international disability assessment models and the primary concepts of American Medical Association's Guides to the Evaluation of Permanent Impairment to refine the basic concepts of disability assessment in China, such as impairment, disability, handicap, disabled people and self-care ability, etc. At the same time, it sorts out the critical issues of identification time, promotion principles and compound calculation of multiple injuries in disability assessment. It is expected to be beneficial to the theory and practice of disability assessment in personal injury compensation.
Humans ; Disability Evaluation ; Liability, Legal ; China

This article provides a general overview of the interface between law and telemedicine. The piece is not a roadmap for any one legal system but rather attempts to illustrate issues which cut across borders, recognizing that each country's legal system may have unique impacts on telemedicine. The article notes that the nature of the legal issue will be colored by the nature of the telemedicine application in question, as well as by consideration of whether a given program is in a development or applied phase. Broad topics to be considered in this piece include medical liability, patient rights, privacy and licensure.
Jurisprudence* ; Liability, Legal ; Licensure ; Patient Rights ; Privacy ; Telemedicine*

Dentists ; legislation & jurisprudence ; Dissent and Disputes ; Expert Testimony ; Humans ; Liability, Legal

Medical issues in the air such as in-flight deaths, diversions, deliveries have gained increasing publicity. In-flight medical emergencies are expected to increase because air travel continues to expand and as more elderly or invalid passengers often wish to fly long distances. The protection of passenger health is an important obligation of airlines. Most airlines have prepared many resources for in-flight medical care. Resources may include emergency medical kits including medications, portable oxygen bottles and automated external defibrillator (AED), trained flight attendants with available in-flight medical care. Furthermore, air to ground communication systems are prepared. Although the number of serious medical events is very small, despite increased airline's efforts, physician passengers are occasionally called upon to care for the ill or injured passengers at any time. Medical liability has always been in the mind of physicians called upon to treat a patient in-flight. Therefore, fear of liability is cited as a major reason for physicians reluctance to offer assistance. New legislation that would require all commercial flights to carry AEDs should also include a "Good Samaritan" provision that exempts from liability physicians who step forward to offer assistance in-flight medical emergency. Physicians take an important role in case of in-flight medical emergencies. This paper describes the multiple in-flight resources to be used by physician passengers who is called upon to help passengers in the cabin.
Aged ; Defibrillators ; Diptera ; Emergencies ; Humans ; Liability, Legal ; Oxygen

Dissent and Disputes ; legislation & jurisprudence ; Liability, Legal ; Malpractice ; legislation & jurisprudence

Dentists ; legislation & jurisprudence ; Liability, Legal ; Malpractice ; legislation & jurisprudence

Transoral robotic thyroidectomy (TORT) is well consistent with the primary goal of remote-access thyroid surgery, which is to avoid a visible cervical scar. Additionally, the extent of transoral thyroidectomy dissection is less than that of other remote-access surgical procedures. Owing to these merits of the transoral approach, several institutions around the world are now performing this procedure. Since transoral thyroidectomy is performed in a confined, narrow space, and is characterized by a close distance from the ports to the working space, more benefits can be derived from multiarticulation of robotic instruments. Especially when performing left lobectomy by TORT, the surgeon can use right-handed robotic instruments over the thyroid cartilage with the merits of multiarticulation. In this study, we present our unique procedure of left lobectomy by TORT in detail.
Cicatrix ; Liability, Legal ; Thyroid Cartilage ; Thyroid Gland ; Thyroid Neoplasms ; Thyroidectomy

BACKGROUND: Disputes regarding medical malpractice occur between practitioners and patients. As patients have become increasingly aware regarding medical care, an increase in the unexpected side effects of procedures has been observed, thereby leading to an increase in disputes regarding medical malpractice. In this study, we reviewed trends in precedents involving cosmetic surgery-related medical disputes, with the goal of helping to prevent unnecessary disputes in the future. METHODS: We conducted a search of the judgments made in South Korean courts between 2000 and 2013 that were related to the field of plastic surgery. A total of 54 judgments were analyzed, and the selected precedents were reviewed and classified according to the kind of negligence involved. RESULTS: The claim amounts ranged from under 8 million KRW (6,991 USD) to 750 million KRW (629,995 USD). The most common ratio of the judgment amount to the claim amount was 20%-30%. The judgments were classified according to the following categories: violation of the duty of explanation in 17 cases (29%), violation of the duty of care in 10 cases (17%), violation of both duties in 20 cases (35%), and no violation of duty in six cases (10%). CONCLUSIONS: Cosmetic surgery-related suits require different approaches than general malpractice suits. The Supreme Court requires plastic surgeons to determine the type, timing, methods, and scope of their treatments when considering possible results. Therefore, practitioners should be educated on their rights and responsibilities to enable them to cope with any possible medical dispute that may arise.
Dissent and Disputes* ; Human Rights ; Humans ; Judgment ; Liability, Legal ; Malpractice ; Medical Errors ; Plastics ; Surgery, Plastic*