4 C's of Medical Malpractice Prevention
Caring, Communication, Competence, Charting
Benefits of Caring
Improvement in medical condition and decreased likelihood the patient will sue.
Communication
Never ignore a patient, use correct procedures when reporting, and always confirm with the patient if they understood.
Competence
Know your professional area well and limitations, follow standards of care, and stay informed, updated, and know the requirements.
Charting
Documentation is proof. If it isn't written down, it didn't happen.
MSDS
Material Safety Data Sheets
OSHA
Occupational Safety and Health Administration
Reasons Patients Sue
1. Cancer Misdiagnosis, failure to diagnose, or a delay in diagnosis.
2. Birth injury or negligent maternity care.
3. Wrong diagnosis and misdiagnosis of negligent fracture or trauma.
4. Delay in diagnosis or failure to consult in a timely manner.
5. Medi
Gerald B. Hickson
The first major study to determine why patients sue hospitals and health care practitioners and what might prevent an injured patient or his or her members from filing a lawsuit was conducted in 1992.
Charles Vincent
A study conducted to examine why patients and their relatives sue physicians, and also investigated which actions might have prevented litigation.
denial
A defense that claims innocence of the charges or that one or more of the four D's of negligence are lacking.
Affirmative Defense
Defenses used by defendants in medical professional liability suits that allow the accused to present factual evidence that the patient's condition was caused by some factor other than the defendant's negligence.
Types of Affirmative Defenses
Contributory Negligence, Comparative Negligence, Assumption of Risk, & Emergency
Contributory Negligence
An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury
Comparative Negligence
An affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree.
Assumption of Risk
A legal defense that holds that the defendant is not guilty of a negligence act because the plaintiff knew of and accepted beforehand any risks involved.
Emergency
A 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.
Types of Technical Defenses
Release of Tortfeasor, Res Judicata, & Statues of Limitation
Release of Tortfeasor
A technical defense that prohibits a lawsuit against the person who caused an injury (the tortfeasor) if he or she was expressly released from further liability in the settlement of a suit.
Tortfeasor
A tortfeasor is one who is guilty of committing a tort.
Res Judicata
The thing has been decided." Legal principle that a claim cannot be retried between the same parties if it has already been legally resolved.
Statue of Limitations
The 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.
Liability Insurance
Contract coverage for potential damages incurred as a result of a negligent act.
Claims-Made Insurance
Liability insurance that covers the insured only for those claims made (not for any injury occurring) while the policy is in force.
Occurrence Insurance
Claims-incurred insurance that covers the insured for any claims arising from an incident that occurred or is alleged to have occurred while the policy is in force, regardless of when the claim is made.
Quality Improvement
A program of measures taken by health care providers and practitioners to uphold the quality of patient care.