Chapter 6 Law & Ethics

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