legally responsible or obligated
liable
Employers in medical practices have general liability for:
-the practice building and grounds
-automobiles
-employee safety (biohazard waste/sharps, no extension cords, wet floor signs)
a level of performance expected of a health care worker in carrying out his or her professional duties
Standard of Care
One word to describe Standard of Care:
competence
Standard of Care is established through:
credentialing/licensing
Individuals are responsible for their own actions under the:
reasonable person standard
the level of behavior that judges a person's actions in a situation according to what a reasonable person would or would not do under similar circumstances
reasonable person standard
T/F: Individuals with special training are held to a higher standard of care than individuals without training.
True
Standard of Care varies with:
-Region
-Resources (equipment, staff, training)
-Speciality
the obligations of health care professionals to patients, and in some cases, non-patients
Duty of Care
One word to describe Duty of Care:
obligation
A physician is held to the standard of care of other practitioners with:
similar training in the same or comparable community
Most medical workers are held to the standard of care of their:
training and expertise
T/F: Medical professionals who perform duties usually performed by those with a higher level of training and expertise could be legally held to the higher standard of care.
True
Breach of confidentiality and/or privacy is both _____ and _____.
illegal, unethical
refers to the confidential information held within a protected relationship
privileged communication
Common Forms of Privileged Communication
Attorney - Client
Pastor/Clergy - Parishioner
Physician - Patient
Spouse - Spouse
DO NOT disclose any information to third parties without __________.
signed consent
Safeguarding Confidentiality:
-do not leave medical charts or other documents where than can be viewed by others
-do not reveal financial information about a patient
-ensure computer screens are not in view of others
-use caution when speaking on the phone so conversations are not ove
Confidentiality may be waived when:
-a third party requests a medical exam and the third party pays the physician's fee
-a patient sues a physician for malpractice
-a waiver has been signed by the patient, allowing the release of information
T/F: Physicians have a duty of care to office workers who may come in contact with hazardous waste.
True
T/F: A medical assistant performing duties normally assigned to a registered nurse may be held to the stand of care of an RN.
True
T/F: Attorney-client relationships are an example of confidential information protected as privileged communication.
True
T/F: Breach of confidentiality is unethical and illegal.
True
an unintentional tort when one may have performed or failed to have performed an act that a reasonable person would or would not have done in similar circumstances
negligence
The most common liability in medicine:
negligence
the performance of an act
feasance
the performance of a totally wrongful and unlawful act
malfeasance
ex: practicing outside of scope
the performance of a lawful act in an illegal or improper manner
misfeasance
ex: performing procedure incorrectly
the failure to act when one should
nonfeasance
ex: failure to implement life-saving care
___feasance: Surgeon performs wrong surgery on the wrong patient.
Malfeasance
___feasance: Surgeon performs the right surgery on the right patient in an improper method.
Misfeasance
___feasance: Surgeon does not perform medically necessary surgery.
Nonfeasance
Time-Out Procedure
est. by JC (Joint Commission); correct patient, correct procedure, correct site (if applicable)
Four Ds of Negligence
1) Duty
2) Derelict
3) Direct cause
4) Damages
Duty
person charged with negligence owed a duty of care (obligation) to the accuser
Derelict
the provider of care breached the duty of care (obligation) to the patient
Direct cause
the breach of care was a direct cause of the patient's injuries
Damages
there is a legally recognizable injury/damage to the patient
Res Ipsa Loquitur
Latin for "the thing speaks for itself"; obvious negligence
Res Ipsa Loquitur is also known as:
the doctrine of common knowledge
For res ipsa loquitur to apply, three conditions must exist:
1) negligent act is obviously under the defendant's control
2) patient did not contribute to act
3) patient would not have been injured if reasonable care had be used
monetary compensation sought by patients in lawsuits for harm caused by a tort action
damage awards
Types of Damages
-General compensatory
-Special compensatory
-Consequential
-Punitive
-Nominal
for losses due to violation of patient's rights
general compensatory damages
for losses indirectly caused by wrong
special compensatory damages
for losses caused indirectly by product defect
consequential damages
to punish the offender
punitive damages
to recognize patient rights were violated, though no actual loss was proven
nominal damages
state statutes that allow a person's beneficiaries to collect for loss to the estate of the deceased for future earnings when a death is judged to have been due to negligence
Wrongful Death Statutes
Elements of a Lawsuit
-pleadings phase
-interrogatory or pretrial discovery phase
-trail phase
-appeals phase
complaint filed and summons issues
pleadings phase
trial date is set, depositions and/or interrogatories are made and subpoenas issued
interrogatory or pretrial discovery phase
jury is selected, witnesses testify, and verdict is reached
trial phase
post-trial motions may be filed
appeals phase
Two kinds of testimony:
1) Fact
2) Expert
may be given by laypersons or health care professionals; concerns only the facts witness has observed
fact testimony
given by witness with education, skills, knowledge, and experience to be considered an expert in the field relevant to the lawsuit
expert testimony
Usually give expert testimonies:
physicians, PAs, NPs
methods of settling civil disputes by using neutral mediators or arbitrators without going to court
Alternative Dispute Resolution (ADR)
Mediation
a neutral third party listens to both sides and helps resolve the dispute; mediator has not authority to impose a solution
Arbitration
opposing parties agree to abide by a decision reached by an arbitrator; arbitrator's decisions are binding
T/F: The doctrine of common knowledge is also known as subpoena duces tecum.
False
T/F: Damage awards are monetary compensation for civil wrongdoing.
True
T/F: Mediators have the authority to issue a legally binding decision.
False
a written set of questions which require written answers from a plaintiff or defendant under oath
deposition
a legal document requiring the recipient to appear as a witness in court or to give a deposition
summons
a legal document requiring the recipient to bring specific written records to court to be used as evidence
subpoena or subpoena duces tecum