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Open research questions in Medical Malpractice and Liability Issues

172 unresolved questions extracted from the limitations and future-work sections of 1,856 Medical Malpractice and Liability Issues papers in our library. Each links back to the study that raised it.

What the literature leaves open

  • However, effective tools for postjudgment estimation of high compensation ratios and consistency assessment against prior similar cases after lower limb fracture surgery are currently lacking in medicolegal risk management and judicial practice.

    Development and Validation of Machine Learning Models for Postjudgment Estimation of High Compensation Ratios After Lower Limb Fracture Surgery: Retrospective Study · 2026 · DOI

  • The study identifies challenges in establishing causation and assessing non-pecuniary damage. The paper highlights the need for reciprocal legal-medical literacy. The study emphasizes the importance of unified psychiatric assessment criteria.

    The Role of the Psychiatric Expert In Tort Litigation · 2026 · DOI

  • Future research can explore the development of unified psychiatric assessment criteria. The study's findings can inform the development of training programs for judges and psychiatric experts.

    The Role of the Psychiatric Expert In Tort Litigation · 2026 · DOI

  • Poor handwriting, incomplete entries and inconsistent formatting undermine the evidentiary value of clinical records. The lack of clear documentation poses a significant threat to clinical accountability and legal integrity. The absence of reliable clinical evidence exacerbates the trend of medical negligence claims.

    From scribble to scrutiny: The legal risks of poor clinical handwriting · 2026 · DOI

  • The gap in the current system is the lack of clear documentation, which poses a significant threat to clinical accountability and legal integrity. The gap in the current law is the lack of legal recognition of legibility as a component of the right to access healthcare.

    From scribble to scrutiny: The legal risks of poor clinical handwriting · 2026 · DOI

  • Lapses in concentration, stress, burnout, gross misconduct, lack of knowledge or application, sleeplessness, overwork, lack of continuing medical education can all lead to medical negligence - The study highlights the need for medical students to be sensitized to medical negligence

    Medical negligence-perception among undergraduate medical students: a cross-sectional study from Vijayapura, North Karnataka, India · 2026 · DOI

  • The dearth of knowledge about medical negligence among undergraduate medical students - The need to study the perception of medical negligence among undergraduate medical students

    Medical negligence-perception among undergraduate medical students: a cross-sectional study from Vijayapura, North Karnataka, India · 2026 · DOI

  • The gap between decision-making and patient outcomes is a significant challenge in modern health systems. Centralized authority can create structural tensions that weaken the patient-clinician relationship.

    Duty of Care Governance: a conceptual framework for aligning health system scale with the clinician–patient relationship · 2026 · DOI

  • The analysis by Schaffer et al lacks case matching. The teleradiology and nonteleradiology cohorts were not adjusted for exam type, time of day, acuity, or subspecialty.

    Teleradiology and malpractice: interpreting the risk in context · 2026 · DOI

  • The analysis by Schaffer et al may oversimplify the complex dynamic of clinical, operational, and structural variables. The lack of case matching in the analysis by Schaffer et al.

    Teleradiology and malpractice: interpreting the risk in context · 2026 · DOI

  • The study identifies challenges with ensuring material correctness of decisions and legal rights of parties involved in the disciplinary case process. The paper highlights the need for reconsideration of procedures to ensure the legal rights of healthcare professionals and patients. The study contributes to the discussion on ensuring the legal rights of healthcare professionals and patients.

    Kritiske processuelle aspekter i sager om sundhedsprofessionelles individuelle disciplinæransvar · 2026 · DOI

  • The study identifies a gap in the literature on the disciplinary case process in Denmark and its impact on the legal rights of healthcare professionals and patients. The paper highlights the need for further research on the development of procedures for handling patient complaints about healthcare.

    Kritiske processuelle aspekter i sager om sundhedsprofessionelles individuelle disciplinæransvar · 2026 · DOI

  • There is a need to educate patients about the importance of truthful information during medical examinations. There is a need to hold patients accountable for providing false information.

    Patient's criminal liability for providing false medical information in the procedure for applying for a driving license · 2026 · DOI

  • The study only examined healthcare professionals in the Croatian hospital system. The sample size was limited to 197 participants. The study did not explore the reasons behind the observed uncertainty and misconceptions among healthcare professionals.

    System-Level Legal Knowledge of Patients’ Rights and Related Obligations · 2026 · DOI

  • There is a lack of research on healthcare professionals' knowledge of legally defined patients' rights and related professional obligations. The current study aims to address this gap by examining the knowledge and perceptions of healthcare professionals in the Croatian hospital system.

    System-Level Legal Knowledge of Patients’ Rights and Related Obligations · 2026 · DOI

  • The study identifies the challenge of determining criminal liability in cases where robots are involved. The paper highlights the need for clear regulations and standards for the use of Hinotori. The study notes the complexity of applying legal principles to AI systems.

    The Criminal Liability Of Hinotori: The Japanese Surgical Robotic Doctor · 2026 · DOI

  • Future research should focus on developing clear regulations and standards for the use of Hinotori. Further studies should examine the application of the Algorithmic-Mediated Causation (AMC) model in other contexts.

    The Criminal Liability Of Hinotori: The Japanese Surgical Robotic Doctor · 2026 · DOI

  • The complexity and variability of surgical treatment in oncology. The need for individualized medical decision-making. The fragmented and inconsistent legal regulation of medical discretion.

    The principle of "discretion" and its application in oncology during surgical treatment in accordance with clinical guidelines: law enforcement practice · 2026 · DOI

  • The legal regulation of medical discretion remains fragmented and inconsistent. There is a need for clearer algorithms for decision-making in typical intraoperative situations.

    The principle of "discretion" and its application in oncology during surgical treatment in accordance with clinical guidelines: law enforcement practice · 2026 · DOI

  • Determining material risks is challenging. Engaging in meaningful discussions with patients is challenging. The scope of the duty to discuss reasonable alternatives is unclear.

    Consent: Doctor, can you please do my operation? · 2026 · DOI

  • The gap between the potential benefits of AI in healthcare and the potential risks and limitations. The need for a framework to evaluate the legal defensibility and medical procedure escalation of LLMs.

    Clinical liability cases reveal a coupling between legal defensibility and medical procedure escalation in large language models · 2026 · DOI

  • Information asymmetry between healthcare providers and patients and their families. Limited public understanding of legal rights and dispute resolution mechanisms. Difficulty in exercising rights to information and medical records.

    Advocacy Assistance for Patients' Families' Civil Law Rights in Alleged Medical Disputes in Sorong City · 2026 · DOI

  • The paper identifies a gap in the legal literacy of patients' families regarding their right to information and access to medical records. The paper identifies a gap in the bargaining position of patients' families in alleged medical disputes.

    Advocacy Assistance for Patients' Families' Civil Law Rights in Alleged Medical Disputes in Sorong City · 2026 · DOI

  • National Practitioner Data Bank (NPDB) allegation codes approximate these categories, but national trends in malpractice payments involving these events remain poorly characterized, and the suitability of the NPDB for this purpose has not been formally examined.

    National Practitioner Data Bank malpractice payment reports related to surgical never events: 1991–2025 nationwide trends · 2026 · DOI

  • Medical disputes and strained doctor-patient relationships remain pressing challenges in China. The study highlights the complexity of medical disputes in both countries, involving legal, economic, and cultural factors.

    Causes of medical disputes in China and Japan from physicians' perspectives: a qualitative study · 2026 · DOI

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172 open questions have been extracted from the limitations and future-work passages of 1,856 Medical Malpractice and Liability Issues papers in our library. Each one below links back to the study that raised it, so you can read the original claim in context.

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