Malpractice and tardive dyskinesia: a conceptual dilemma.
This discussion focuses on three basic areas relevant to tardive dyskinesia (TD). The first area includes an overview of some specific acts of negligence that have been the basis for successful malpractice cases involving TD. Some of these acts of negligence include inappropriate assessment of the patient, failure to properly care for TD, and failure to obtain a proper informed consent. The second area involves the problems of uncertainty, which are particularly manifested where the only treatment available has a high benefit but a low risk of serious adverse effects. The uncertainty rests on the limited information regarding detection of the serious consequences, or cure, once the full-blown condition develops. The third involves exploring alternatives to the tort system, such as an automatic system of compensation, which might be more appropriate for dealing with an outcome such as TD. Alternative systems might be more effective in combining incentives for quality care with adequate compensation for the injured where the condition might have been avoided.
Tancredi
L R
LR
Department of Law and Medicine, University of Texas Health Science Center, Houston 77030.
D014150:Antipsychotic Agents / Q000009:adverse effects; D004409:Dyskinesia, Drug-Induced / Q000628:therapy*; D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence*; D014481:United States
D014150:Antipsychotic Agents