Medical Malpractice History

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Before year 1835, medical malpractice suits in United States were very rare it was difficult to make certain generalizations. Generally, patients sued their physicians only in severe injury and death cases.[1] Then there was a burst of medical malpractice suits during the period between 1840 and 1860, publics relate this burst to the big number of profession vacancies at that time, which may caused less quality control. US population also increased by 85% at that time. This sudden raise served as an opportunity and tempted lawyers to increase their work in this new area.[1-3] Ever since then, medical malpractice suits continued to expand to this date, this expansion could be due to developments in US medicine or US law.[4] According to National Practitioner Data Bank, there were 154,261 medical malpractice payment reports from 2004 to 2014.[5] Also according to a report made by the congressional budget office in 2009, the total direct costs of medical malpractice by healthcare providers nation wild was $35 billion in that year.[6]
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Its wide routine usage by all healthcare providers makes it liable to complications, especially when used by inexperienced practitioners. Complications could be minor or major and they usually arise during insertions, removals or infections after insertions. These complications in one of the most sensitive areas serve as motives for patients to file lawsuits against their physicians or healthcare providers, especially in this era of increasing malpractice cases. Many medical malpractice litigation studies are mentioned in the literature,[8-12] but we found the literature lacking studies about this daily used instrument litigation. Our purpose from this study is to explore litigations surrounding foley catheter use, in order to recognize and raise awareness about pitfalls of clinical staff with its use and minimize

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