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Investigation of Medical Malpractice Cases Referred to Legal Medicine in Isfahan in Terms of Payment of Compensation by Medical Liability Insurance Companies in Cases of Medical Staff Convictions From 2019 to 2022
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Behjat Keshavarzi Moghadam    1, Hamid Vazifeh2 , Mahdi Keshavarzi Shahrbabaki3 |
1- Legal Medicine Research Center, Iranian Legal Medicine Organization, Tehran, Iran , beh_keshavarzi@yahoo.com
2- Naragh Branch, Islamic Azad University, Markazi, Iran
3- ECO College of Insurance, Allameh Tabataba'i University, Tehran, Iran |
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Abstract: (303 Views) |
Introduction: In contemporary societies, compensating for bodily injuries resulting from accidents and negligence through the payment of damages is a legal action and a moral necessity, significantly impacting the lives of victims and social justice. Accordingly, the present study aims to investigate medical malpractice cases referred to legal medicine in Isfahan in terms of payment of compensation by medical liability insurance companies in cases of medical staff convictions.
Methods: This descriptive, cross-sectional, retrospective study analyzed cases of healthcare staff negligence that led to their condemnation. Relevant information was collected through telephone interviews to determine the method and extent of compensation payments to the victims. Data were statistically analyzed using SPSS.
Results: The majority of negligence leading to condemnation was attributed to physicians (89.1%), midwives (8.1%), and other healthcare staff (2.18%). A definitive ruling had been issued in 37.83% of all cases, among which 57.84% received full compensation, 21.42% received partial damages, and 14.28% had no compensation awarded at all. The reasons for the non-payment or delayed payment of compensation by insurance companies included non-compliance with regulations, repeated condemnations, the passage of more than 4 to 6 years since the insurance policy's expiration, and deficiencies in documentation.
Conclusion: The time gap between the occurrence of the error and the issuance of the ruling significantly influences the compensation payment process, and the presence of multiple liable parties adds to the ambiguity and delays in payments. Furthermore, the lack of inadequacy of information regarding healthcare liability insurance and the failure to review insurance policies are serious issues, as most insured individuals are unaware of the terms. Consequently, insurance companies need to take steps to introduce specialized representatives to the healthcare staff. |
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| Keywords: Liability insurance, Medical malpractice, Conviction, Payment of compensation |
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Full-Text [PDF 846 kb]
(137 Downloads)
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Type of Article: Brief Report |
Subject:
Medical Malpractice
Received: 2024/02/18 | Revised: 2024/12/8 | Accepted: 2024/08/11 | ePublished: 2024/12/7
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