Prevention is preferable to litigation in a ______________ suit
Malpractice
Health care practitioners who use reasonable care in preventing professional liability claims are ___?
least likely to be faced with defending against such claims
Four c's
Caring, Communication, Competence , Charting
Caring
Showing you care may make a difference if adverse events occur. Avoid destructive and unethical criticism of the work or other health care practitioners.
Communication
Communicate clearly and ask for confirmation, 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 isn't in writing accurately and completely, it didn't happen
Preventing Malpractice
appropriate standards of, Effective care, patient and employee safety,communication skills, accurate documentation
Physician supervisors should
supervise employees,explore all reasonable methods of treatment, use less dangerous treatment when poss., limit diagnosing over the phone.
7 common reasons for malpractice
Cancer misdiagnosis, Birth injury, Wrong diagnosis, Delay in diagnosis, Medication errors, Negligent procedure or surgical errors, Failure too obtain informed consent.
Actions that might prevent litigation
Explanation and Apology, Correction of Mistake, Financial Compensation, Correct treatment at the time, and admission of negligence, should have been listened to, disciplinary action against the personnel, Honesty, Investigation by hospital
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 doctrine under which a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed.
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
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.
contributory negligence
A rule in tort law that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault; used in a minority of states.
denial
a defendant's answer or plea denying the truth of the charges against him
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
insurance that provides protection from claims arising from injuries or damage to other people or property
occurrence insurance
a type of 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.
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
an organizational commitment and approach used to continuously improve all processes in the organization with the goal of meeting and exceeding customer expectations and outcomes; also known as total quality management (TQM) and continuous quality improve
quality assurance
gathering and evaluating information about the services provided as well as the results achieved and comparing this information with an accepted standard
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." 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
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 defense
Defenses used in a lawsuit that are based on legal technicalities; e.g. statute of limitations, Res judicate
Under _________ a claim may not be retried between the same two parties if it has been legally resolved
Res Judicata
The _____________is the time limit for filing a lawsuit
Statute of limitations
Name the affirmative action defenses
Contributory negligence, assumption of risk, emergency
Under the __________defense, a healthcare practitioner who comes to the aid of an accident victim at the scene would not be held liable
Emergency
When the defendant alleges that he or she did no wrong, that defense is called
Denial
If the patient knew the inherent risk before treatment, the defendant may use _____ as a defense in a lawsuit
Assumption of risk
Emergency is what type of defense
Affirmative
Res Judicata is what type of defense
Technical
When damages are apportioned to the degree a plaintiff contributed to his or her injury
Contributory negligence
Time limit to bring a court case
Statute of limitations
Res Judicata is latin for
The thing has been decided
___________ ___________is a process to minimize danger, hazard and liability.
Risk Management
Medical malpractice that only protects the insured for those things that happen while the policy is in force
Claims made insurance
Medical malpractice that pays for claims arising during the time the policy is in force, regardless of when the claim is made.
occurrence insurance
Supplemental insurance to a medical liability insurance
Prior acts coverage