Malpractice and Avascular Necrosis: Legal Outcomes

Every physician, but particularly specialists, have reason to be concerned about medical legal issues. Avascular necrosis has been established as a possible serious complication of steroid treatment in inflammatory bowel disease. Two specific Canadian cases illustrating the sequence of medical histo...

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Main Author: Rose M Carter
Format: Article
Language:English
Published: Wiley 1999-01-01
Series:Canadian Journal of Gastroenterology
Online Access:http://dx.doi.org/10.1155/1999/517893
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author Rose M Carter
author_facet Rose M Carter
author_sort Rose M Carter
collection DOAJ
description Every physician, but particularly specialists, have reason to be concerned about medical legal issues. Avascular necrosis has been established as a possible serious complication of steroid treatment in inflammatory bowel disease. Two specific Canadian cases illustrating the sequence of medical history, time, expert testimony and legal outcomes are presented. Awards plus costs in the order of $1 million or more were the result of these legal proceedings. The courts stated the major factors in finding liability against doctors were the failure to show the patient had been fully informed of treatment options. There was considerable weight given to expert testimony and the patient recollection of events to support their contentions. Adequate contemporaneous record keeping was absent to contradict evidence of the patients. The judges in both illustrative examples leaned heavily on Supreme Court of Canada guidelines whereby the patient must be informed at all stages of the medical process.
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spelling doaj-art-c02a824947034478991a9a5ad0849f722025-02-03T06:44:45ZengWileyCanadian Journal of Gastroenterology0835-79001999-01-01131798410.1155/1999/517893Malpractice and Avascular Necrosis: Legal OutcomesRose M Carter0Department of Oral Health Sciences, Faculty of Medicine and Oral Health Sciences, University of Alberta, Edmonton, Alberta, CanadaEvery physician, but particularly specialists, have reason to be concerned about medical legal issues. Avascular necrosis has been established as a possible serious complication of steroid treatment in inflammatory bowel disease. Two specific Canadian cases illustrating the sequence of medical history, time, expert testimony and legal outcomes are presented. Awards plus costs in the order of $1 million or more were the result of these legal proceedings. The courts stated the major factors in finding liability against doctors were the failure to show the patient had been fully informed of treatment options. There was considerable weight given to expert testimony and the patient recollection of events to support their contentions. Adequate contemporaneous record keeping was absent to contradict evidence of the patients. The judges in both illustrative examples leaned heavily on Supreme Court of Canada guidelines whereby the patient must be informed at all stages of the medical process.http://dx.doi.org/10.1155/1999/517893
spellingShingle Rose M Carter
Malpractice and Avascular Necrosis: Legal Outcomes
Canadian Journal of Gastroenterology
title Malpractice and Avascular Necrosis: Legal Outcomes
title_full Malpractice and Avascular Necrosis: Legal Outcomes
title_fullStr Malpractice and Avascular Necrosis: Legal Outcomes
title_full_unstemmed Malpractice and Avascular Necrosis: Legal Outcomes
title_short Malpractice and Avascular Necrosis: Legal Outcomes
title_sort malpractice and avascular necrosis legal outcomes
url http://dx.doi.org/10.1155/1999/517893
work_keys_str_mv AT rosemcarter malpracticeandavascularnecrosislegaloutcomes