Surgical Error and Medical Negligence: A Comparative Legal Perspective

Authors

  • Iype Cherian
  • Abhijeet Rajan
  • Umesh Chougule
  • Shreesh S. Kolekar
  • Ram Garg

DOI:

https://doi.org/10.52783/jns.v14.1649

Keywords:

Surgical Error, Medical Negligence, Comparative Legal Perspectives, Medical Malpractice, Duty of Care, Healthcare Litigation

Abstract

In healthcare, surgical errors and medical negligence are extremely major issues that often cause a lot of damage to patients and legal issues. This research contrasts the legal perspectives on surgical error and medical carelessness by means of the legal systems, doctrines, and practices in other nations. Surgical mistakes can happen for a number of reasons, such as bugs in the technology, bad communication, or problems with the system as a whole. On the other hand, medical neglect happens when a doctor or nurse doesn't give the patient the level of care that is reasonable for a professional, which puts the patient at risk. In the context of surgery mistake and medical carelessness, the paper talks about important legal ideas like duty of care, failure of duty, cause, and damages. Laws that are very different from each other are talked about, with a focus on civil law and common law countries. The piece looks into how the legal system works, how accusations of medical scams are handled, and what role expert proof plays in cases. It also shows the different amounts of money that patients are paid and how healthcare laws affect lawsuits for breaking the law. The study goes into great detail about the duties of healthcare workers and groups, focussing on how strict standards can help lower the number of surgery mistakes and cases of carelessness. It also talks about the difficulties of being a doctor in a dangerous place and the legal duties that come with that. This paper looks at the laws and court systems of several countries to show how complicated surgery mistakes and medical carelessness really are. To better protect people and healthcare workers, laws and policies should also be changed. The results should help make sure patients are safe and give justice to people who have been hurt by medical mistakes.

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References

Harlianto, N.I.; Harlianto, Z.N. Alleged Malpractice in Orthopedic Surgery in The Netherlands: Lessons Learned from Medical Disciplinary Jurisprudence. Healthcare 2023, 11, 3111.

Yamamoto, N.; Sukegawa, S.; Watari, T. Impact of System and Diagnostic Errors on Medical Litigation Outcomes: Machine Learning-Based Prediction Models. Healthcare 2022, 10, 892.

Lane, J.; Bhome, R.; Somani, B. National Trends and Cost of Litigation in UK National Health Service (NHS): A Specialty-Specific Analysis from the Past Decade. Scott. Med. J. 2021, 66, 168–174.

Lage-Freitas, A.; Allende-Cid, H.; Santana, O.; Oliveira-Lage, L. Predicting Brazilian Court Decisions. PeerJ Comput. Sci. 2022, 8, e904.

Sert, M.F.; Yıldırım, E.; Haşlak, İ. Using Artificial Intelligence to Predict Decisions of the Turkish Constitutional Court. Soc. Sci. Comput. Rev. 2021.

Song, X.; Liu, X.; Liu, F.; Wang, C. Comparison of Machine Learning and Logistic Regression Models in Predicting Acute Kidney Injury: A Systematic Review and Meta-Analysis. Int. J. Med. Inform. 2021, 151, 104484.

Rougereau, G.; Marty-Diloy, T.; Langlais, T.; Pujol, N.; Boisrenoult, P. Litigation after primary total hip and knee arthroplasties in France: Review of legal actions over the past 30 years. Arch. Orthop. Trauma. Surg. 2022, 142, 3505–3513.

Bernardinangeli, C.; Giannace, C.; Cerciello, S.; Grassi, V.M.; Lodise, M.; Vetrugno, G.; De-Giorgio, F. A Fifteen-Year Survey for Orthopedic Malpractice Claims in the Criminal Court of Rome. Healthcare 2023, 11, 962.

Sauder, N.; Emara, A.K.; Rullán, P.J.; Molloy, R.M.; Krebs, V.E.; Piuzzi, N.S. Hip and Knee Are the Most Litigated Orthopaedic Cases: A Nationwide 5-Year Analysis of Medical Malpractice Claims. J. Arthroplast. 2023, 38, S443–S449.

Goud, A.L.; Harlianto, N.I.; Ezzafzafi, S.; Veltman, E.S.; Bekkers, J.E.J.; van der Wal, B.C.H. Reinfection rates after one- and two-stage revision surgery for hip and knee arthroplasty: A systematic review and meta-analysis. Arch. Orthop. Trauma. Surg. 2023, 143, 829–838.

Sanders, F.R.K.; Wimmer-Boelhouwers, P.; Dijt, O.X.; Kerkhoffs, G.M.M.J.; Schepers, T. Claims in orthopedic foot/ankle surgery, how can they help to improve quality of care? A retrospective claim analysis. Eur. J. Orthop. Surg. Traumatol. 2021, 31, 85–93.

Bhakar, S.; Sinwar, D.; Pradhan, N.; Dhaka, V.S.; Cherrez-Ojeda, I.; Parveen, A.; Hassan, M.U. Computational Intelligence-Based Disease Severity Identification: A Review of Multidisciplinary Domains. Diagnostics 2023, 13, 1212.

Alhazmi, A.K.; Alanazi, M.A.; Alshehry, A.H.; Alshahry, S.M.; Jaszek, J.; Djukic, C.; Brown, A.; Jackson, K.; Chodavarapu, V.P. Intelligent Millimeter-Wave System for Human Activity Monitoring for Telemedicine. Sensors 2024, 24, 268.

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Published

2025-02-10

How to Cite

1.
Cherian I, Rajan A, Chougule U, S. Kolekar S, Garg R. Surgical Error and Medical Negligence: A Comparative Legal Perspective. J Neonatal Surg [Internet]. 2025Feb.10 [cited 2025Sep.21];14(2S):12-20. Available from: https://jneonatalsurg.com/index.php/jns/article/view/1649

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