compensation and redress

Summary

Summary: Payment, or other means of making amends, for a wrong or injury.

Top Publications

  1. Harris I, Murgatroyd D, Cameron I, Young J, Solomon M. The effect of compensation on health care utilisation in a trauma cohort. Med J Aust. 2009;190:619-22 pubmed
    ..Compensation-related factors are significant predictors of health care utilisation in a major trauma population. ..
  2. Murgatroyd D, Cameron I, Harris I. Understanding the effect of compensation on recovery from severe motor vehicle crash injuries: a qualitative study. Inj Prev. 2011;17:222-7 pubmed publisher
    ..Based on this study, the claims process, particularly medico-legal examinations, and other factors that could impact on injury recovery, are targets for further research, possible policy review, or legislative change. ..
  3. Alvidrez J, Shumway M, Boccellari A, Green J, Kelly V, Merrill G. Reduction of state victim compensation disparities in disadvantaged crime victims through active outreach and assistance: a randomized trial. Am J Public Health. 2008;98:882-8 pubmed publisher
    ..Active outreach and assistance can address disparities in access to victim compensation funds for disadvantaged populations and should be offered more widely to victims of violent crime. ..
  4. Järvelin J, Rosenqvist G, Häkkinen U, Sintonen H. Patient and hospital characteristics associated with claims and compensations for patient injuries in coronary artery bypass grafting in Finland. J Health Serv Res Policy. 2009;14:150-5 pubmed publisher
    ..This risk pattern is probably a reflection of compensation practices related to patient injuries involving an infection. ..
  5. Spearing N, Connelly L. Is compensation "bad for health"? A systematic meta-review. Injury. 2011;42:15-24 pubmed publisher
    ..Moves to alter scheme design and limit access to compensation on the basis that it is "bad for health" are therefore premature, as evidence of such an association is unclear. ..
  6. Kunst M, Winkel F, Bogaerts S. Prevalence and predictors of posttraumatic stress disorder among victims of violence applying for state compensation. J Interpers Violence. 2010;25:1631-54 pubmed publisher
    ..Implications for policy practice as well as strengths and limitations of the study are discussed. ..
  7. Kachalia A, Kaufman S, Boothman R, Anderson S, Welch K, Saint S, et al. Liability claims and costs before and after implementation of a medical error disclosure program. Ann Intern Med. 2010;153:213-21 pubmed publisher
    ..The UMHS implemented a program of full disclosure of medical errors with offers of compensation without increasing its total claims and liability costs. Blue Cross Blue Shield of Michigan Foundation. ..
  8. Cotti A, Magalhaes T, da Costa D, Matos E. Road traffic accidents and secondary victimisation: the role of law professionals. Med Law. 2004;23:259-68 pubmed
    ..An intervention in the compensation system, whereby procedures and law professionals' attitudes are reviewed, is required to circumvent the secondary victimization of road traffic accident victims. ..
  9. Harris I, Mulford J, Solomon M, van Gelder J, Young J. Association between compensation status and outcome after surgery: a meta-analysis. JAMA. 2005;293:1644-52 pubmed
    ..Compensation status should be considered a potential confounder in all studies of surgical intervention. Determination of the mechanism for this association requires further study. ..

More Information

Publications62

  1. Bismark M, Brennan T, Davis P, Studdert D. Claiming behaviour in a no-fault system of medical injury: a descriptive analysis of claimants and non-claimants. Med J Aust. 2006;185:203-7 pubmed
    ..Hence, substantial underclaiming occurs in both negligence and no-fault systems. The disproportionately low propensity of elderly, poor and minority patients to seek compensation also appears to be pervasive. ..
  2. Studdert D, Mello M, Gawande A, Brennan T, Wang Y. Disclosure of medical injury to patients: an improbable risk management strategy. Health Aff (Millwood). 2007;26:215-26 pubmed
    ..A policy question more pressing than whether moving toward routine disclosure will expand litigation is the question of how large such an expansion might be. ..
  3. Elbers N, Cuijpers P, Akkermans A, Collie A, Ruseckaite R, Bruinvels D. Do claim factors predict health care utilization after transport accidents?. Accid Anal Prev. 2013;53:121-6 pubmed publisher
    ..However, further research is needed to determine a causal relationship. ..
  4. Harris I, Young J, Jalaludin B, Solomon M. The effect of compensation on general health in patients sustaining fractures in motor vehicle trauma. J Orthop Trauma. 2008;22:216-20 pubmed publisher
    ..Although this may represent a direct effect, further research is recommended to determine the cause for this association. ..
  5. Marmor S, Farman T, Lortat Jacob A. Joint infection after knee arthroscopy: medicolegal aspects. Orthop Traumatol Surg Res. 2009;95:278-83 pubmed publisher
    ..Level IV; economic and decision analysis, retrospective study. ..
  6. Rasmussen C, Leboeuf Yde C, Hestbaek L, Manniche C. Poor outcome in patients with spine-related leg or arm pain who are involved in compensation claims: a prospective study of patients in the secondary care sector. Scand J Rheumatol. 2008;37:462-8 pubmed publisher
    ..4 (95% CI 5.1-60.1) for the neck/arm patients. A claim for financial compensation is strongly and independently linked with a poor prognosis for Danish patients with pain radiating from the low-back or neck. ..
  7. Harris I, Young J, Rae H, Jalaludin B, Solomon M. Predictors of post-traumatic stress disorder following major trauma. ANZ J Surg. 2008;78:583-7 pubmed publisher
    ..007). Post-traumatic stress disorder after major trauma was not related to measures of injury severity, but was related to other factors, such as blaming others for the accident and the processes involved in claiming compensation. ..
  8. Klopfstein U, Streit S, Schön C. [Physical and sexual violence against adult persons - forensic aspects in the daily medical work]. Ther Umsch. 2008;65:371-9 pubmed publisher
  9. Dute J. European Court of Human Rights. ECHR 2008/3 Case of David v. Moldova, 27 November 2007, no. 41578/05 (Fourth Section). Eur J Health Law. 2008;15:69-70 pubmed
  10. Knapp D. Contracting for directorships. Chest. 2013;143:1472-1477 pubmed publisher
    ..This article does not offer legal advice, nor is it meant to be all inclusive. Physicians should consult a health-care attorney for any questions before signing any contract. ..
  11. Littleton S, Cameron I, Poustie S, Hughes D, Robinson B, Neeman T, et al. The association of compensation on longer term health status for people with musculoskeletal injuries following road traffic crashes: emergency department inception cohort study. Injury. 2011;42:927-33 pubmed
    ..To compare the health status of people claiming compensation for injuries sustained in road traffic crashes (RTC), with people who do not claim compensation...
  12. Schaafsma F, Middleton J, De Wolf A, Tate R, Cameron I. The association of compensation and long-term health status for people with severe traumatic injuries. J Rehabil Med. 2013;45:446-51 pubmed publisher
    ..72, SE?=?2.16, 95% confidence interval -9.05 to -0.38). Financial compensation may have a small negative association with recovery, even for people with severe traumatic injury. ..
  13. Chamsi Pasha H, Albar M. Kidney transplantation: ethical challenges in the Arab world. Saudi J Kidney Dis Transpl. 2014;25:489-95 pubmed
    ..The public attitude toward donation is pivotal in all transplantation programs; increasing the awareness of the leaders of religion is vital in this regard. ..
  14. Gidwani S, Zaidi S, Bircher M. Medical negligence in orthopaedic surgery: a review of 130 consecutive medical negligence reports. J Bone Joint Surg Br. 2009;91:151-6 pubmed publisher
    ..7 million, the median settlement being pound 45,000. The cases that were settled out of court were usually the result of delay in treatment or diagnosis, or because of substandard surgical technique. ..
  15. Matas A. Design of a regulated system of compensation for living kidney donors. Clin Transplant. 2008;22:378-84 pubmed publisher
    ..To date, a detailed proposal on how such a system could work has not been developed. Herein, the specifics of a potential model, using the infrastructure already in place for deceased donor evaluation and allocation, are outlined. ..
  16. Pettigrew M, Xie Y, Kang A, Rao M, Goodrich J, Liu T, et al. Human-carnivore conflict in China: a review of current approaches with recommendations for improved management. Integr Zool. 2012;7:210-26 pubmed publisher
    ..Ultimately, HWC management in China will greatly benefit from an integrative approach. ..
  17. Rowlands R, Campbell I, Kenyon G. Otological and vestibular symptoms in patients with low grade (Quebec grades one and two) whiplash injury. J Laryngol Otol. 2009;123:182-5 pubmed publisher
    ..This suggests that caution should be exercised when attributing these symptoms to such an injury. Before whiplash injuries are admitted as an aetiological factor in the development of such symptoms, other causes should be excluded. ..
  18. Aghababian V, Berland Benhaim C, Bartoli C, Leonetti G. [The Dintilhac report and its implications for forensic neuropsychological evaluation]. Encephale. 2010;36:139-46 pubmed publisher
  19. Ferrara S, Baccino E, Boscolo Berto R, Comandè G, Domenici R, Hernández Cueto C, et al. Padova Charter on personal injury and damage under civil-tort law : Medico-legal guidelines on methods of ascertainment and criteria of evaluation. Int J Legal Med. 2016;130:1-12 pubmed publisher
  20. Santiago Sáez A, Perea Pérez B, Labajo González E, Albarrán Juan M, Barcia J. [Analysis of judicial sentences against neurosurgeons resolved in second court of justice in Spain in the period from 1995 to 2007]. Neurocirugia (Astur). 2010;21:53-60 pubmed
    ..Procedures with a lower life-threatening risk should not be underestimated, since they comprise the greatest demanded group. The greatest amount of demands is related to economic reimbursement, especially in private practice. ..
  21. Padilla B. Regulated compensation for kidney donors in the Philippines. Curr Opin Organ Transplant. 2009;14:120-3 pubmed
    ..An effective national kidney disease prevention program and the deceased donor program for transplantation should be aggressively promoted. Legislation against transplant commercialism is needed. ..
  22. Freyberger H, Freyberger H. [60 years later: posttraumatic stress disorders, salutogenetic factors and medical expert assessment in Holocaust survivors in the long-term course]. Z Psychosom Med Psychother. 2007;53:380-92 pubmed
    ..The correlations between posttraumatic stress disorder symptoms and long-term course on the one hand and salutogenetic factors on the other are discussed. ..
  23. Thatte U, Kulkarni Munshi R, Kalekar S. Review of policies for injuries to research participants in India. J Med Ethics. 2009;35:133-9 pubmed publisher
    ..Further, it would be necessary to have arbitration committees to determine the extent of compensation. Training and awareness workshops for those involved in clinical research, including research participants, is also needed. ..
  24. Tsushima W, Tsushima V. Comparison of MMPI-2 validity scales among compensation-seeking Caucasian and Asian American medical patients. Assessment. 2009;16:159-64 pubmed publisher
    ..The results were consistent with the limited available data on the MMPI-2 validity scales with minority group samples. Further research with other racial minorities, including relevant extra-test criteria for malingering, is encouraged. ..
  25. Tingle J. Reforming the approach to clinical negligence in the NHS. Br J Nurs. 2017;26:474-475 pubmed publisher
    ..John Tingle, Reader in Health Law at Nottingham Trent University, discusses proposals for the introduction of a Rapid Resolution and Redress Scheme for families affected by severe avoidable birth injury. ..
  26. Murthy K. Medical negligence and the law. Indian J Med Ethics. 2007;4:116-8 pubmed
    ..This article presents a summary of legal decisions related to medical negligence: what constitutes negligence in civil and criminal law, and what is required to prove it. ..
  27. Ruseckaite R, Gabbe B, Vogel A, Collie A. Health care utilisation following hospitalisation for transport-related injury. Injury. 2012;43:1600-5 pubmed publisher
    ..Compensation system data may provide a detailed understanding of healthcare utilisation, a key element of injury burden. ..
  28. Muriithi P. Does the rejection of wrongful life claims rely on a conceptual error?. J Med Ethics. 2011;37:433-6 pubmed publisher
    ..I will conclude by briefly giving an account of what seems to me to be the right conception of what it is to be harmed. ..
  29. Tselentis D, Yannis G, Vlahogianni E. Innovative motor insurance schemes: A review of current practices and emerging challenges. Accid Anal Prev. 2017;98:139-148 pubmed publisher
    ..The paper finally discussed the current and emerging challenges on this research field. ..
  30. Roth Cline M, Gerson J, Bright P, Lee C, Nelson R. Ethical considerations in conducting pediatric research. Handb Exp Pharmacol. 2011;205:219-44 pubmed publisher
    ..We incorporate selected national (USA) and international guidelines, as well as regulatory approaches to pediatric studies that have been adopted in the USA, Canada, and Europe. ..
  31. Blesch G. Tenet cites St. Barnabas ruling. Fla. gaming lawsuit should be tossed as well: company. Mod Healthc. 2007;37:12 pubmed
  32. Blake P, Komp G. Radiation exposure of U.S. military individuals. Health Phys. 2014;106:272-8 pubmed publisher
    ..Introduction of Radiation Exposure of U.S. Military Individuals (Video 2:19, http://links.lww.com/HP/A30). ..
  33. Gregory R, Trousdale W. Compensating aboriginal cultural losses: an alternative approach to assessing environmental damages. J Environ Manage. 2009;90:2469-79 pubmed publisher
  34. Epstein M. Sociological and ethical issues in transplant commercialism. Curr Opin Organ Transplant. 2009;14:134-9 pubmed publisher
    ..In light of such a prospect, those who wish to prevent the pervasive commodification of the human body from entering the gates of transplant medicine should consider devising a new, perhaps more radical, strategy. ..
  35. Pelletier E, Robson R. Giving back the pen: disclosure, apology and early compensation discussions after harm in the healthcare setting. Healthc Q. 2008;11:85-90 pubmed
    ..As well, the potential challenges associated with such an approach when there are multiple liability and insurance providers are discussed. ..
  36. Jovanović A, Ivkovic M, Gašić M. Posttraumatic stress disorder in a World War II concentration camp survivor caused by the attack of two German shepherd dogs: case report and review of the literature. Forensic Sci Int. 2011;208:e15-9 pubmed publisher
  37. Shirlow E, Faunce T. Recent legal developments and the authority of the Australian Therapeutic Goods Administration. J Law Med. 2009;16:764-9 pubmed
  38. Held P, McCormick F, Ojo A, Roberts J. A Cost-Benefit Analysis of Government Compensation of Kidney Donors. Am J Transplant. 2016;16:877-85 pubmed publisher
    ..In addition, it would save taxpayers about $12 billion each year. ..
  39. Kattelus M. Implementation of the Directive on the Application on Patient's Rights in Cross-border Healthcare (2011/24/EU) in Finland. Eur J Health Law. 2014;21:23-32 pubmed
    ..Implementation of the Directive on the Application on Patient's Rights in Cross-border Healthcare (2011/24/EU) has proved to be quite challenging in Finland. ..
  40. Tarantino U, Giai Via A, Macrì E, Eramo A, Marinò V, Marsella L. Professional liability in orthopaedics and traumatology in Italy. Clin Orthop Relat Res. 2013;471:3349-57 pubmed publisher
    ..We suggest monitoring of court judgments would be useful to develop prevention strategies to reduce claims. ..
  41. Carroll A, Parikh P, Buddenbaum J. The impact of defense expenses in medical malpractice claims. J Law Med Ethics. 2012;40:135-42 pubmed publisher
    ..As state and federal governments debate how to repair the malpractice system, addressing the high cost of defending claims should not be ignored. ..
  42. Oughton D. Social and ethical issues in environmental remediation projects. J Environ Radioact. 2013;119:21-5 pubmed publisher
    ..g., local food monitoring stations or medical check-up), or measures that require social rather than technical implementation (e.g. information centres, stakeholder dialogue). ..
  43. Golichenko M. South Africa: HIV-positive man wins wrongful dismissal suit. HIV AIDS Policy Law Rev. 2011;15:48-9 pubmed
    ..The employer was ordered to pay the man a year's salary and cover his legal costs. ..
  44. Schmidtke J, Krawczak M. Psychomotor developmental delay and epilepsy in an offspring of father-daughter incest: quantification of the causality probability. Int J Legal Med. 2010;124:449-50 pubmed publisher
    ..Based upon the available medical records, we show that this is indeed the case and that X is even likely to exceed 65%, thereby rendering the victim's claim scientifically and legally justified. ..
  45. Kunst M. Recalled peritraumatic distress in survivors of violent crime: exploring its impact on the relationship between posttraumatic stress disorder symptoms and posttraumatic growth. J Nerv Ment Dis. 2012;200:962-6 pubmed publisher
    ..Simple slopes tests indicated that self-reported PTSD symptoms were negatively associated with PTG but only among survivors with high levels of PD. ..
  46. Weisbrot D, Breen K. A no-fault compensation system for medical injury is long overdue. Med J Aust. 2012;197:296-8 pubmed
    ..Before implementing the recommendations of the PC, the federal government should ask the Commission to study and promptly report on an ancillary no-fault scheme that covers all medical injury. ..
  47. MacCulloch T. Context is everything. Issues Ment Health Nurs. 2008;29:89-93 pubmed publisher
  48. Danguilan R, de Belen Uriarte R, Jorge S, Lesaca R, Amarillo M, Ampil R, et al. National survey of Filipinos on acceptance of incentivized organ donation. Transplant Proc. 2012;44:839-42 pubmed publisher
    ..A majority of Filipinos felt that the donor deserves a token of gratitude. Public acceptance of incentivized organ donation may be pursued. Strategies to improve the national advocacy campaign for deceased donation are needed. ..
  49. Neton J. Characterization of exposures to workers covered under the U.S. Energy Employees Compensation Act. Health Phys. 2014;106:249-58 pubmed publisher
    ..In addition, the effects that these exposures have on compensation rates for workers are discussed.Introduction of Characterization of Exposures to Workers (Video 1:59, http://links.lww.com/HP/A3). ..
  50. Jamora C, Young A, Ruff R. Comparison of subjective cognitive complaints with neuropsychological tests in individuals with mild vs more severe traumatic brain injuries. Brain Inj. 2012;26:36-47 pubmed publisher
    ..It is likely that the occurrence of PTSD worsens the outcome of a mild TBI. There likely is a cumulative effect between the PTSD symptoms and the emotional residuals in the mild TBI population. ..
  51. Hofmann B. Commercialization of organs. Tidsskr Nor Laegeforen. 2011;131:2230-1 pubmed publisher
    ..The traders are on their way. We should allow the sale of organs. A strictly regulated market for organs can ensure a fair distribution of organs and proper treatment of the donor. Is this true? ..
  52. Paramesh A, Killackey M, Zhang R, Alper B, Slakey D, Florman S. Living donor kidney transplantation: medical, legal, and ethical considerations. South Med J. 2007;100:1208-13 pubmed
    ..In the hope of increasing living donations, we run the risk of stretching altruism too far. In this manuscript, we highlight and discuss some of the current controversies surrounding living donor kidney transplantation across the world. ..
  53. Freckelton I. Regulation of health practitioners by trade practices and fair trading legislation. J Law Med. 2009;16:574-9 pubmed
    ..It reviews recent decisions in the Federal Court of Australia and the Supreme Court of Victoria in such matters as well as recommendations in 2008 by the Victorian Health Services Commissioner. ..