Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

health care law > 11/14 licensure > Flashcards

11/14 licensure Flashcards

You may prefer our related Brainscape-certified flashcards:
MPRE flashcards MBE flashcards Civil Procedure 1L flashcards
1
Q

malpractice increases in suits due to

A
  1. role of medical advances
  2. changing social conditions
  3. patient expectations
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

malpractice claims increasing?

A

yes

- likely due to increases in tech- like CBCT readings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

highest claim in what specialty

A

prosth, endo, restorative, diagnosis

ortho least

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

lifecycle of a lawsuit

A
  1. doctor recieves complaint letter from patient or attorny that states doctor is being sued
  2. letter contains allegations that describe harm to the patient
    - could be incident or complaint
    - can incident be managed?
  3. if complaint? – this letter from an attorny must be reported to a malpractice carrier
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

incident is

A

disgrunted patient

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

complaint is

A

from the patietns attorny

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

if recieve complaint?

A

this letter from an attorny must be reported to a malpractice carrier

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

contacting insurance can affect coverage?

A

Yes - if hear from you frequently – increased risk management?

increase cost of premiums? or may not want to insure you anymore

in general overtime – premium increases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

contacting your malpractive carrier?

A

retrieve patient record - write down in own words what happened on a separate piece of paper and keep it separate from patient file – this is your work product – not part of patient’s treatment record

do not change anything in patient record

doctor should notify malpractice carrier (insurance company)
- any letter from an attorny representing a patient should be reported. claiims adminster will be assigned to you and perhaps an attorny

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

trial phase

A

after discovery

will occur

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

trial phase

A

after discovery

will occur in STATE CIVIL COURT SYSTEM

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

elements of a dental malpractice claim must be established by patient
forms?

A

DUTY - of care owed to patient
BREACH
HARM
CAUSATION

forms the basis of the legal claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

fair preponderance of the evidence?

A

part of level of proof to be established
- majority

burden of proof

vs beyond a reasonable doubt (BARD–which is true for other court systems )

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

statue of limitations

A

maximum time after an event that legal proceedings based on that event may be initiated

like foreign objects – left in bodies can last up to 10 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

statue of limitations

occrence vs discovery state

A

maximum time after an event that legal proceedings based on that event may be initiated

like foreign objects – left in bodies can last up to 10 years

in MA - basically 7 years from tx or when pt. knew or should have known

OCCURENCE – time to sue begins at time of dentistry whether patient is aware or not - so length of time starts

DISCOVERY – starts when pt. is aware or ‘should have been aware’ – MA is a disocvery state – 7 years)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

statue of limitations

A

maximum time after an event that legal proceedings based on that event may be initiated

like foreign objects – left- can last up to 10 years

in MA - basically 7 years from tx or when pt. knew or should have known

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

how the juries learn the standard of care

A

legal process

  1. patient tesifies
  2. doctor testifies
  3. patient expert testifies
  4. doctor expert testifies
  5. doctor’s attorny sums up
  6. patients attorny sums up
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

negligence vs contract

A

legal complaint under contract is patient abandonment

time for contract - have less time that negligence tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

who qualifies as an expert

A

they can be cross examined

want them to

  • know treatment in the geographic area
  • educaitonal background
  • prior writings
  • prior depositions
  • prior testifying
20
Q

deposition do what?

A

ALWAYS TELL THE TRUTH

NEVER SAY NEVER
NEVER SAY ALWAYS

21
Q

NATIONAL DATABASES ARE

A

NPDB AND HIPDB

  • national practitioner data bank
  • healthcare integrity and protection data bank

access to informatino in the NPDB and HIPDB is limited to those entities speified by law

22
Q

if you receive a complaint, must?

A

complaint is from patients attorny – MUST report this to your malpractice carrier

23
Q

premiums with professsional liability

A

increases over time

- your premiums go up with increase in care

24
Q

phase after complaint

A

discovery

discovery / examination before trial (EBT)

25
Q

interrogatories

A

written questionares during EBT/ discovery period

26
Q

depositions

A

verbal examination

- fact finding - during discovery / EBT

27
Q

lawsuit starts when

A

when you receive a complaint letter from patient or attorny

28
Q

basic two reasons to sue

A
  1. harmed in treatment / no treatment

2. wants money

29
Q

complaint letter usually involves what main four things

A
  1. failure to follow protocol / standard of care
  2. failure to refer
  3. failure to diagnose
  4. emotional distress
30
Q

arbitration

A

outside settlement outside the court system

31
Q

trial phase occurs usually in

A

state civil court

32
Q

in state civil court?

A

judge and jury – human and have biases and their own ideas of justice – no one can predict outcome of a trial

33
Q

are settlements an admission of guilt

A

NO

34
Q

incident vvs claim

A

is it managebale? inicdent = near miss

claim = collison

35
Q

an arbitration would occur

A

before the trial

36
Q

jusdgements =

A

decisions of the court and are reportable to a national provider databanks and licensing boards

37
Q

EBT drect questioning through

A

depositions – direct questioning of each party to the lawsuit by the opposing attorny

38
Q

binding arbitration means

A

both parties agree that the result will be at the end of the lawsuit

non- biding - further litigate the case if either party feels the result of arbitration was not fair

both deal with each others attorny’s then look at judge = highly expereinced attorny

39
Q

standard of care elements

A

reasonable degree of knowledge and ability

treatment in the community

keep abreast of information

best judgement and use of reasonable care

40
Q

legal claim you could bring against doctor under a theory of contracts is?

A

abandonment

41
Q

courtroom

A
  1. judge applies the law
  2. jury finds the facts
  3. jury determines the standard of care
  4. jury finds liability and damages
42
Q

who determines standard of care in court

A

jury

43
Q

most important defenses?

A

RECORDS

44
Q

what gets reported to state licensing boards?

A

ANY AND ALL SETTLEMENTS

45
Q

how can a settlement impact ones license to practice in a state?

A

depends - if keep occuring – will cause problems

46
Q

national databases are? reported to them within?

A

within 30 days
NPDB
- National Practitioner Data Bank

HIPDB
-Healthcare Integrity and Protection Data Bank

health care law (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions