4 C's of Medical Malpractice Prevention
-caring
-communication
-competence
-charting
Caring
-showing you care may make a difference if adverse events occur
-avoid destructive and unethical criticism of the work and other healthcare practitioners
-patients are more likely to be more compliant with their care when they perceive their caregivers as
communication
-communicate clearly and ask for conformation
-relay communications clearly
-report adverse events
competence
-follow standards of care and appropriate procedures
-constantly update your skills and knowledge
-check and double check your work
Charting
-if it is not written accurately and completely it didn't happen
-document as though the patient will read it
reducing liability suits/ physicians should
-carefully select and supervise employees
-explore all possible diagnostic methods prior to treatment
-use conservative and less dangerous treatment when possible
-limit and avoid diagnosing and prescribing by phone or over the internet
-have male physici
7 common reasons for malpractice
-cancer misdiagnosis / failure or delay
-birth injury/ negligent maternity care
-wrong diagnosis or misdiagnosis of negligent fracture or trauma
-delay of diagnosis or failure to consult in a timely manner
-medication errors / negligent drug treatment
-ph
actions that might prevent litigation
-explanation and apology
-correction of the mistake
-financial compensation
-correct treatment at the time
-admission of negligence
-disciplinary action against personnel involved
-honesty
-investigation by the hospital
communicating with patients
-develop good listening skills, sit rather than stand
- set aside time of day to advise and call back patients
-thoroughly explain illnesses and procedures
-make sure informed consent forms are signed
-avoid statements admitting guilt
-use tact good judgm
to avoid an abandonment charge
write a formal letter of withdraw or dismissal to patient
documentation
-referrals
-missed appointments
-dismissals
-treatment refusals
-all other patient contact
-RX refills , test results, telephone calls ect..
Denial
a defense that claims innocence of the charges or that one or more of the four D's of negligence are lacking
-however if some of the facts are true the defendant may not use denial as a defense
Affirmative Defenses
defenses used by defendants in medical professional suits that allow the accused to present factual evidence that a patients condition was caused by some factor other than the defendants negligence
contributory negligence
an affirmative defense that allows that the plaintiff through a lack of care caused or contributed to his or her own injury
assumption of risk
a legal defense that holds that the defendant is not guilty of a negligent act because the plaintiff knew of and accepted beforehand any risks involved
comparative negligence
an affirmative defense claimed by the defendant , alleging that the plaintiff contributed to the injury by a certain degree
emergency defense
type of affirmative defense in which the person who comes to the aid of a victim in an emergency is not held liable under certain circumstances
technical defenses
defenses used in a lawsuit that are based on legal technicalities
release of a tortfeasor
a technical defense that prohibits a lawsuit against the person who caused an injury if he or she was released from further liability in the settlement of a suit
res judicita
the thing has been decided
-legal principle that a claim can not be retried between the same parties if it has already been legally resolved
statute of limitations
period of time established by state law during which a lawsuit may be filed
risk management
the taking of steps to minimize danger hazard and liability
quality improvement / quality assurance
a program of measures taken by healthcare providers to uphold the quality of patient care
liability insurance
contract coverage for potential damages incurred as a result of a negligent act
claims made insurance
type of liability insurance that covers the insured only for claims made (not for any injury occurring) while the policy is in force
occurrence insurance
liability insurance that covers the insured for any claims arising from an incident that occurred, or is alleged to have occurred, during the time the policy is in force , regardless of when the claim is made
tail coverage
-extends coverage for malpractice claims alleged to have occurred during those dates that claims made coverage was in effect
-insurance coverage option available when a claims made policy is discontinued
prior acts / nose coverage
supplement to a claims made insurance policy that can be purchased from a new carrier when practitioners change carriers
self insurance coverage
coverage option where insured subscribers contribute to a trust fund to be used in paying potential damage awards