The paper deals with the provision of Article 256 of the Polish Penal Code. The author discusses the offences of public propagation of tota The objective of this paper is to present the amendments to ...the Patients’ rights and Patients’ Rights Spokesman Act of 28 April 2011. The paper focuses on the drawbacks of the provisions of the Act concerning claims for compensation for damage or injury caused by medical occurrences that are put before regional medical occurrences committees. Despite the undoubtedly right direction of the amended legislation, the purpose of the amendments has not been achieved. The renouncement by applicants of all the claims when accepting the insurers offer concerning the amount of compensation, low sums of the compensation which the patient or his heir may be awarded as well as restricting the places where medical occurrences may happen only to hospitals, narrow the applicability of the amendments and warrants further work on the existing solution.
El criterio para determinar el comienzo del plazo de prescripción de la responsabilidad patrimonial de la Administración aparenta ser un tema menor, pero constituye un elemento de una enorme ...relevancia práctica y resulta esencial para organizar adecuadamente el régimen jurídico de la prescripción. El presente trabajo trata de destacar la importancia del tema, suplir la atención marginal de que hasta ahora ha sido objeto y ofrecer soluciones a algunos de los problemas que plantea su actual regulación. Para ello se analizan con cierto detenimiento las reglas que contiene la LPAC y la teoría de la actio nata que parece informar a todas ellas, se destacan sus deficiencias técnicas y se aboga por la necesidad de establecer una regulación clara que adopte el criterio subjetivo o del conocimiento de los hechos que fundamentan la pretensión resarcitoria y del sujeto responsable.
Abstract To treat or not to treat an asymptomatic or pauci-symptomatic benign meningioma, that is the question. And if treatment is necessary, what is the best technique: radical resection, sub-total ...resection or radiotherapy? This question is also pertinent for meningiomas of the skull base, posterior part of the sagittal sinus, anterior part of the foramen magnum and cerebellopontine angle. When the results of the treatment are good, the patient and the surgeon are satisfied. But when a new neurological deficit appears after the treatment, the patient is entitled to obtain compensation. What should be the position of the specialist medical assessor in this situation when the prognosis of these benign tumors is unknown? Is the preoperative information that is due to the patient complete, objective and sufficient? Is the therapeutic indication unquestionable? Is the technique irreproachable? For meningiomas, there is no “evidence-based medicine”; the therapeutic option is often based on the personal experience and/or the education of the surgeon and thus is, in fact, highly subjective.
The health insurance systems in Japan include a substitutional mechanism of payment to a victim on behalf of an individual at fault. The patient must submit a notification of third-party infringement ...if he/she wants to use this optional mechanism. As this notification plays the role of a trigger for a claim for compensation, patients and physicians’opinions regarding this notification may often be in disagreement. In particular, an ethical dilemma may arise if a victim was negative toward the claim for compensation and demanded the usual Medical Treatment Benefits from the physician instead. Ethical matters concerning physicians have not been studied in Japan in relation to this substitutional payment mechanism or notification of third-party infringement. Herein, we report two cases in which an ethical dilemma arose concerning this notification. In these cases, the contribution of third-party infringement to the hospitalization was not conclusive. The one submitted the notification affected by physicians’persuasion, but the other did not. Problems on the substitutional payment mechanism are also discussed using the cases. Management of treatment expense claims in cases whose sickness or injury is partially attributed to third-party infringement should be discussed further and better organized in the future.
Introduction
Ureteric injury is a rare but serious, iatrogenic complication of hysterectomy. The risk depends on indication for surgery, predisposing risk factors, and peroperative conditions. Our ...aims were to evaluate and learn from compensation claims to The Norwegian System of Patient Injury Compensation (NPE) for ureteric injury occurring during hysterectomies to predict risk factors, time of identification, symptoms, and consequences, and to relate these cases to injuries registered in The Norwegian Patient Registry.
Material and methods
A retrospective study of ureteric injuries occurring during hysterectomies, reported to NPE and the Norwegian Patient Registry from 2009 through 2019.
Results
During the study period, 53 096 hysterectomies were registered in The Norwegian Patient Registry, of which ureteric injury was documented in 643 (1.2%). More ureteric injuries were registered in large hospital trusts than in small trusts (1.3% vs. 0.7%, p < 0.05). NPE received 69 claims due to ureteric injury occurring during hysterectomy, comprising 11% of all injuries in the study period. Compensation was approved for 15%. Women who claimed compensation were younger (48.1 ± 8.9 years vs. 55.1 ± 13.6 years, p < 0.01), more likely to have had a benign diagnosis (89.9% vs. 52.1%, p < 0.01), and more likely to have had the ureteric injury recognized after discharge (58.0% vs. 33.0%, p < 0.001) compared with non‐complainants. Identification of the ureters during the hysterectomy was documented in 30% of the NPE patient files. Additional information for the NPE cases included the following. The most common symptoms of unidentified injury were pain (77%), fever (12%), urinary leakage (13%), and anuria (8%). Re‐operation was necessary in 77% of the cases, and 10% of the women lost one kidney. Long‐term consequences after repair, such as loss of a kidney or persistent pain, were seen in 17%. No women died because of the injury.
Conclusions
The incidence of ureteric injury occurring during hysterectomy in Norway was 1.2%; 11% involved a claim for compensation, and 15% of these had their case approved. Most ureteric injuries were not recognized during the hysterectomy. Documentation of peroperative identification of the ureters during hysterectomy was often missing. Vigilance to pain as a postoperative symptom of peroperative unrecognized ureteric injury may result in earlier diagnosis and treatment.
Introduction
In Norway, all patient‐reported claims for compensation are evaluated by The Norwegian System of Patient Injury Compensation (NPE). The number of claims from women with cervical cancer ...is rising, and the approval rate is high. Our aim was to study claims for compensation from women with cervical cancer to identify the type of failures, when, during the time‐course of treatment, the medical failures occurred, and the consequences of the failures.
Material and methods
A retrospective, descriptive study of claims for compensation to NPE from cervical cancer patients during a 12‐year period, from 2007 through 2018. We used anonymized medical expert statements and summaries of NPE cases.
Results
In all, 161 women claimed compensation for alleged medical failure related to cervical cancer. Compensation was approved for 100 (62%) women. Mean age at the time of alleged failure was 37.5 years (SD ±9.9). The main reasons why women sought medical attention were routine cervical screening (56%), or vaginal bleeding or discharge (30%). In approved cases, incorrect evaluation of cytology and histology was the cause of most failures (72%). Mean delay of cervical cancer diagnosis for approved cases was 28 months (SD ±22). Treatment not in accordance with guidelines was the cause of failure in 2% of the cases, and failure during follow up was the cause of failure in 12%. Consequences of the failures were as follows: worsening of cancer prognosis (89%), treatment‐induced adverse effects, such as loss of fertility (43%) and/or loss of ovarian function in premenopausal women (50%), and permanent injury after chemo‐radiation (27%). Seven women (7%) died, most probably as a consequence of the failure.
Conclusions
The main cause of medical failure in women with cervical cancer was incorrect pathological diagnosis. The main consequences of failures were worsening of cancer prognosis and treatment‐induced adverse effects. Increased focus on the quality of pathological examinations, and better routines in all parts of the cervical examinations might improve patient safety for women in risk of cervical cancer.
In 1999, the Irish Government commissioned a report into the abuse of children who were in the care of facilities managed and run under the auspices of the Roman Catholic Church in the Irish Republic ...in the 1940s and 1950s. It reported in 2009. A Redress Board was set up to investigate and compensate claimants who were abused physically and mentally as children when living in these facilities. The Board sat for 16 years. In total, 16,650 applications were processed with awards worth €970 million. Of these, 1069 applications were withdrawn, refused or had a nil award. This report on work of the Commission and the Board derives from the histories given and the expert assessment of 19 claimants for compensation. Their ages ranged between 47 and 72 years at the time of the expert’s assessment.
In the publication was presented a issue of the pursuing claims for compensation by one spouse for the damage caused by traffic accident to another spouse in the light of Article 29 k.r.o. polish ...Family and Guardianship Code . The considerations was begun from defining the term of the “passing obstacle” and determine the influence of this condition on the ability to act on behalf of and for the injured spouse. Then after indications on the basis of substantive law analysis relating to Article 29 k.r.o. of possible claims for damages was presented a scope of and way to the representation of the spouse to redress the damage caused to the other spouse as a result of the car accident. It was also made an attempt to justify the legitimation of a spouse, in the light of allowable compensation claims, to initiate appropriate proceedings against the insurer, and then before the court.
PDF
