Affirmative defenses
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
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
Claims-made insurance
A type of liability insurance that covers the insured only for those claims made (not for any injury occurring) while the policy is in force
Comparative negligence
An affirmative defense claimed by the defendants, alleging that the plaintiff contributed to the injury by a certain degree
Contributory negligence
An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury
Denial
A defense that claims innocence of the charges or that one or more of the four D's of negligence are lacking
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
Liability insurance
Contract coverage for potential damages incurred as a result of a negligent act
Occurrence insurance
A type of liability insurance that covers the insured for any claims arising from an incident that occurred, during the time the policy is in force, regardless of when the claim is made
Prior acts insurance coverage
A supplement to a claims-made insurance policy that can be purchased from a new carrier when health care practitioners change carriers
Quality Improvement (QI) or quality assurance
A program of measures taken by health care providers and practitioners to uphold the quality of patients care
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
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
Risk management
The taking of steps to minimize danger, hazard, and liability
Self-insurance coverage
An insurance coverage option whereby insured subscribers contribute to a trust fund to be used in paying potential damage awards
Statute of limitations
That period of time established by state law during which a lawsuit may be filed
Tail coverage
An insurance coverage option available for health care practitioners: When a claims-made policy is discontinued, it extends coverage for malpractice claims alleged to have occurred, during those dates that claims-made coverage was in effect
Technical defenses
Defenses used in a lawsuit that are based on legal technicalities