Liability
All competent adults are liable or legally responsible for their actions on the job and in private lives
Physician Liability as an Employer
*Grounds and buildings
*Automobiles
*Employee safety
Standard of care
Level of Performance expected of health care worker carrying out duties
Duty of care
Obligations of health care workers to patients/nonpatients
Reasonable Person Standard
The standard of behavior that judges a person's actions in a situation according to what a reasonable person would or would not do in the same circumstance
Guidlines for Health Care Practice
* Practice within scope of training
*Use professional title commensurate with ed & exp
*Maintain confidentiality
*Prepare and maintain health records
*Document accurately
*Use appropriate ethical and legal guidelines for patient info.
*Follow employer's e
Confidentiality
The act of holding info in confidence, not to be released to unauthorized individuals. Privileged communication
Waiving Confidentiality
A third party requests a medical exam for employment. A patient sues a physician for malpractice and records are subpoenaed. A waiver has been signed by patient allowing release of information.
Unintentional Tort of Negligence
Any deviation from the accepted medical standard of care causing injury to the patient.
Four Elements to prove negligence
Duty - The person charged owed a duty of care to the accuser.
Dereliction - The health care provider breached the duty of care to the patient.
Direct Cause - The breach fo duy of care to the patient cause the injury.
Damages- There is a legally recognizab
Joint Commission Patient Safety
Improve accuracy of patient ID
Improve effectiveness among caregivers
Improve safety of using high alert medications
Eliminate wrong site, wrong patient, wrong procedure surgery
Joint Commission Patient Safety
Improve safety of infusion pumps
Improve effectiveness of clinical alarm systems
Reduce the risk of health care acquired infections
Doctrine of Common Knowledge
Res ipsa loquitur (The thing that speaks for itself -negligence is obvious) 3 conditions 1) Act must be under defendant's control 2) The patient must not have contributed to the act 3) It must be apparent that the patient would not have been harmed if rea
Cases of Res Ipsa Loquitar
*Leaving foreign objects in patient's body during suregery
*Accidently burning or injuring a patient while he is anesthetized
*Damaging healthy tissue during surgery
*Causing an infection by using instruments
Phases of a Lawsuit
*Pleading Phase
*Interrogatory or pretrial discovery phase
*Trial Phase
*Appeals Phase
Witness Testimony
Fact - Witness provides facts he or she has observed
Expert - Experts in a particular field
Alternative Dispute Resolution (ADR)
Techniques for resolving civil disputes without going to court. Uses neutral mediators or arbitrators.
Arbitration
Method of settling disputes in which opposing parties agree to abide by the decision of an arbitrator
malfeasance
The performance of a totally wrongful and unlawful act.
misfeasance
The performance of a lawful act in an illegal or improper manner.
Nonfeasance
Failure to act when you should.
wrongful death statutes
State statutes that allow a person's beneficiaries to collect for loss to the estate to of the deceased for future earnings.
summons
A written notification isued by the clerk of the court and delivered with a copy of the complaint to the defendant
subpoena
A legal document requiring the recipient to appear as a witness in court or give a deposition
deposition
Sworn testimony given and recorded outside the courtroom during the pretrial phase of a case.
interrogartory
A written set of questions requiring written answers from a plaintiff or defendant under oath.
subpoena duces tecum
A legal document requiring the recipient to bring certain written records to court to be used as evidence.
testimony
Statements sworn to under oath by witnesses.