question

Name and briefly describe the four Cs of medical malpractice prevention.

answer

*caring: care about patients and colleagues *communication: communicate clearly and accurately *competence: know your limitations, update credentials, confer with other professionals, stay informed *charting: documentation is proof, chart clearly and accurately.

question

Briefly describe how practicing effective communication skills can help prevent a medical malpractice lawsuit.

answer

*Misunderstandings and misinformation often leads to lawsuits. *If you communicate clearly and accurately and get confirmation from patients that they understand, this can help prevent lawsuits.

question

If a patient refuses treatment, what legal options remain for the health care practitioner in charge?

answer

*A patient cannot be forced to accept treatment, evaluation, or testing. *His decision to decline should be documented in his patient record. Ideally, his refusal should be obtained in writing, but should definitely be noted in his record.

question

Name five reasons often cited for the suing of health care practitioners by patient and their families.

answer

*To prevent the perceived injury from happening to anyone else *to receive an explanation *to get an admission of negligence *I was angry *to punish the doctor

question

Denial

answer

a defense that claims that innocence of the charges or that one or more of the four Ds of negligence are lacking

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Affirmative defenses

answer

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

question

Contributory negligence

answer

an affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury

question

Assumption of risk

answer

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

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Emergency

answer

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

question

Technical defense

answer

defenses used in a lawsuit that are based on legal technicalities

question

Release of tortfeasor

answer

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 lawsuit

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Res judicata

answer

"The thing has been decided." Legal principle that a claim cannot be retried between the same parties if it has already been legally resolved

question

Statute of limitations

answer

that period of time established by state law during which a lawsuit may be filed

question

Risk management

answer

the taking of steps to minimize danger, hazard and liability

question

What is the difference between an affirmative defense and a technical defense?

answer

*The former allows the accused to present factual evidence that the patient's condition was caused by some factor other than the physician's negligence. *The lateral hinges on legal technicalities, rather than on factual evidence.

question

What type of defense is used when the defendant claims they're innocent?

answer

denial

question

What type of defense is used when the accused is allowed to present factual evidence that the physician's negligence did not cause the patient's condition?

answer

affirmative defense

question

What type of defense is used when the defendant claims that the patient contributed to his or her own injury?

answer

contributory negligence

question

What type of defense is used when the informed consent is a vital factor?

answer

assumption of risk

question

What type of defense is used when it hinges on legal technicalities rather than factual evidence?

answer

technical defense

question

If a medical malpractice claim is dismissed due to a state's statute of limitations, does this imply that the defendant health care practitioner is exonerated? Explain your answer.

answer

No. The health care practitioner is not exonerated. The length of time during which a suit could legally be filed has passed

question

Quality improvement (QI) or quality assurance

answer

a program of measures taken by health care providers and practitioners to uphold the quality of patient care

question

Liability insurance

answer

contract coverage for potential damages incurred as a result of a negligent act

question

Risk management has become a necessary health care practice component because:

answer

liability is a major factor in health care delivery.

question

Methods used to manage risk are part of:

answer

quality improvement or quality assurance

question

What activity can help health care providers avoid litigation?

answer

medical record charting

question

What is not a duty of a medical practice's quality improvement and risk manager?

answer

scheduling patient appointments

question

Credentialing consists of:

answer

verifying health care providers' credentials before hiring

question

Comparative negligence

answer

an affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree

question

Claims-made insurance

answer

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

question

Occurrence insurance

answer

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

question

Tail coverage

answer

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

question

Prior acts insurance coverage

answer

a supplement to a claims-made insurance policy that can be purchased from a new carrier when health care practitioners change carriers

question

Self-insurance coverage

answer

an insurance coverage option whereby insured subscribers contribute to a trust fund to be used in paying potential damage awards

question

If a health care practitioner covered by medical malpractice insurance receives notice of lawsuits, he or she should first notify:

answer

his/her insurance company

question

Claims-made insurance pays for:

answer

claims made during the specified time period the policy is in effect

question

Occurrence insurance pays for:

answer

claims arising from an incident that occurred or is alleged to have occurred while the policy is in force, regardless of when the claim is made

question

Name two types of insurance that. in certain circumstances, extend coverage of claims-made insurance:

answer

*Tail coverage *Prior acts coverage

question

How might a physician insure himself?

answer

He/She can contribute to a fund, managed by an insurance company that is used to pay medical malpractice judgments, if any.

question

What are the four Cs of medical malpractice prevention?

answer

*caring *communication *competence *charting

question

Why do patients sue?

answer

*Cancer misdiagnosis, failure to diagnose, or a delay in diagnosis *birth injury or negligent maternity care *wrong diagnosis and misdiagnosis of negligent fracture or trauma *delay in diagnosis or failure to consult in a timely manner *medication errors or medication malpractice resulting from negligent drug treatment *malpractice resulting from a physician's negligent procedures or surgical errors *failure to obtain informed consent

question

What general categories of information should be documented for legal purposes?

answer

*what treatment was performed and when? *referrals *missed appointments *dismissals *treatment refusals *all other patient contact

question

What types of defense may be used in a medical malpractice lawsuit?

answer

*denial Affirmative: *contributory negligence *comparative negligence *assumption of risk *emergency Technical: *release of tortfeasor *res judicata *statute of limitations

question

What purpose does risk management serve?

answer

*Helps minimize liability *quality improvement (QI) or quality assurance *verifies credentials

question

What types of professional liability insurance are available to medical providers?

answer

*occurrence *self coverage Claims made: *Tail coverage *Prior acts coverage

question

What is an example of a physician using risk management to reduce the likelihood of a malpractice lawsuit against his office?

answer

Providing written job descriptions for employees

question

A patient sues a physician for negligence and loses. The patient then sues the physician for breach of contracts. The second suit is dismissed under what doctrine?

answer

res judicata

question

One of the most common occurrences for marking the beginning of the statutory period for medical malpractice includes:

answer

the time a patient recovers from injury

question

Determine whether each of the following behaviors is unethical, illegal or both, and explain how each might lead to liability. A physician intentionally enters a building code on a patient's billing sheet for an examination that was not performed. The code entered means that the patient's insurance carrier will be billed for a more expensive exam than the one that was actually performed.

answer

*Both *This is considered fraud.

question

Determine whether each of the following behaviors is unethical, illegal or both, and explain how each might lead to liability. A hospital instructs its nurses to introduce themselves by name to each new patient in this manner: "I am Susan and I've been assigned to take care of you. I have an associate's degree in nursing [or substitute appropriate educational credentials]. I see your physician is Dr. Wellness, and I can assure you that he is an excellent doctor. Let me know if you need anything at all.

answer

*Unethical *Susan shouldn't express her opinion of the doctor.

question

Determine whether each of the following behaviors is unethical, illegal or both, and explain how each might lead to liability. An anesthesiologist has never administered anesthesia to a child, but conceals this fact from a surgeon who likes her and requests her for an upcoming procedure on a six-year old.

answer

*Unethical *She should inform the surgeon of her lack of experience.

question

Determine whether each of the following behaviors is unethical, illegal or both, and explain how each might lead to liability. A nursing assistant slaps an elderly patient in a skilled nursing care facility for calling her a name.

answer

*Both *Battery

question

Determine whether each of the following behaviors is unethical, illegal or both, and explain how each might lead to liability. A nurse begins a painful procedure on an elderly hospital patient and ignores the patient's requests for an explanation.

answer

*Unethical *Inappropriate; All patients should be informed.

question

Determine whether each of the following behaviors is unethical, illegal or both, and explain how each might lead to liability. A phlebotomist mislabels a blood sample, but later denies any responsibility for the inappropriate medical treatments that result.

answer

*Both *He has a responsibility to label correctly.

question

Principles of ethics and professional conduct for all health care professions emphasize that health care practitioners have a responsibility to promote and advance the patient's welfare. After misreading an X-ray, a dentist mistakenly removes a healthy incisor from a patient's mouth, then fits the patient with a fixed bridge that will not stay in place and causes the patient great pain. The patient sees a second dentist who repairs the damage done by the first dentist and remarks about the "shoddy quality" of the first dentist's work. The patient sues the first dentist for medical malpractice, and the defendant is found not guilty. Several jurors who hear the case express the opinion that the patient bears some responsibility for his injuries simply for seeing the first dentist. Was the second dentist acting ethically when she criticized the first dentist's work? Explain your answer.

answer

No, but the patient knew the first dentist's work was substandard.

question

Principles of ethics and professional conduct for all health care professions emphasize that health care practitioners have a responsibility to promote and advance the patient's welfare. After misreading an X-ray, a dentist mistakenly removes a healthy incisor from a patient's mouth, then fits the patient with a fixed bridge that will not stay in place and causes the patient great pain. The patient sees a second dentist who repairs the damage done by the first dentist and remarks about the "shoddy quality" of the first dentist's work. The patient sues the first dentist for medical malpractice, and the defendant is found not guilty. Several jurors who hear the case express the opinion that the patient bears some responsibility for his injuries simply for seeing the first dentist. Is the dentist who was found not guilty of medical malpractice thereby exonerated of any wrongdoings? Explain your answer.

answer

No. Just because he was charged doesn't mean he wasn't.

question

Principles of ethics and professional conduct for all health care professions emphasize that health care practitioners have a responsibility to promote and advance the patient's welfare. After misreading an X-ray, a dentist mistakenly removes a healthy incisor from a patient's mouth, then fits the patient with a fixed bridge that will not stay in place and causes the patient great pain. The patient sees a second dentist who repairs the damage done by the first dentist and remarks about the "shoddy quality" of the first dentist's work. The patient sues the first dentist for medical malpractice, and the defendant is found not guilty. Several jurors who hear the case express the opinion that the patient bears some responsibility for his injuries simply for seeing the first dentist. Might the dentist who was found not guilty be subject to sanctions from the professional organization to which he belongs? Explain your answer.

answer

No. One prosecuted for medical malpractice doesn't automatically incur sanctions from his/her professional organization.

question

Name nine guidelines for physicians and other health care practitioners to follow that may help prevent malpractice lawsuits.

answer

*Pay scrupulous attention to the requirements of good medical practice in caring for each patient. *Know and exercise your legal duty to the patient. *Avoid destructive and unethical criticism of the work of other health care practitioners. *Keep records that clearly show what was done, when it was done, that nothing was neglected, and that the care given met fully the standards demanded by the law. *Document all missed appointments and follow up with a call to the patient. *Avoid making any statement that could be construed as an admission of fault. *Refrain from making overly optimistic prognoses. *Exercise tact as well as professional ability in handling patients *See that the patient's record includes reports of all test, procedures, and medications prescribed, including all refills

question

Under ______ a claim may not be retried between the same two parties if it has already been legally resolved.

answer

Res judicata

question

The ______ is the time limit for filing a lawsuit.

answer

Statute of limitations

question

What are forms of affirmative defenses to a professional liability suit?

answer

*Contributory negligence *Assumption of risk *Emergency

question

Under the ______ defense, a health care practitioner who comes to the aid of an accident victim at the scene would not be held liable.

answer

Emergency

question

If the patient knew the inherent risk before treatment, the defendant may use _______ as a defense in a lawsuit.

answer

Assumption of risk

question

What is an affirmative defense?

answer

Emergency

question

What is a technical defense?

answer

Res judicata

question

When damages are apportioned according to the degree a plaintiff contributed to his or her injury, this is called:

answer

Comparative negligence

question

The statute of limitations:

answer

is different depending on the state

question

Res judicata is latin for:

answer

The thing has been decided.

question

Risk management is a process:

answer

to minimize danger, hazard, and liability

question

Medical malpractice insurance that covers the insured only for those claims made while the policy is in force is called:

answer

claims-made coverage

question

Medical malpractice 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 was in force, regardless of when the claim is made, is called:

answer

occurrence insurance

question

What is a supplemental insurance to medical liability insurance?

answer

Prior acts insurance

question

You are a phlebotomist for a community laboratory, and you report for work on an extremely busy day. You travel daily from the lab where you work to the hospital to draw blood, and then back to the lab. You have finished drawing blood at the hospital and are on your way back to the lab when you get a cell phone call that the hospital needs a complete blood count (CBC) and electrolytes drawn STAT for a patient who has just come into the emergency room (ER). Would you turn around and go back to the ER or drop off your current blood samples and then go back to the ER? Explain your answer.

answer

*It needs to be done STAT. Get over there quickly, then drop them off. *An ER is still unlikely to leave without a phlebotomist.

question

You are a phlebotomist for a community laboratory, and you report for work on an extremely busy day. You travel daily from the lab where you work to the hospital to draw blood, and then back to the lab. You have finished drawing blood at the hospital and are on your way back to the lab when you get a cell phone call that the hospital needs a complete blood count (CBC) and electrolytes drawn STAT for a patient who has just come into the emergency room (ER). What does this question have to do with preventing medical malpractice lawsuits?: Would you turn around and go back to the ER or drop off your current blood samples and then go back to the ER? Explain your answer.

answer

Because the patient is in the ER, the patient is assumed that staffing is appropriate. A medical practice suit could result if the appropriate care, in this case a STAT, was not done immediately.

question

A nurse on the night shift in a busy hospital sees a physician's order to administer an intravenous medication to a patient who has just been admitted through the emergency room. She does not recognize the name of the drug, but notes a charge of $4,000 for the drug. Her curiosity aroused, the nurse checks the drug and discovers it should not be administered more frequently than every six weeks, and any patient receiving it should be carefully monitored at 15-minute intervals. The patient tells her he received the same medication just two weeks previously. What should the nurse do?

answer

She should contact that doctor.

question

A nurse on the night shift in a busy hospital sees a physician's order to administer an intravenous medication to a patient who has just been admitted through the emergency room. She does not recognize the name of the drug, but notes a charge of $4,000 for the drug. Her curiosity aroused, the nurse checks the drug and discovers it should not be administered more frequently than every six weeks, and any patient receiving it should be carefully monitored at 15-minute intervals. The patient tells her he received the same medication just two weeks previously. In checking the drug is the nurse practicing risk management? Explain your answer.

answer

Yes. Checking with the doctor before administering medicine may prevent malpractice lawsuits.

Medical Law and Ethics Chapter 6 – Flashcards

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