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health care law > 11/14 licensure > Flashcards

11/14 licensure Flashcards

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1
Q

malpractice increases in suits due to

A
  1. role of medical advances
  2. changing social conditions
  3. patient expectations
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2
Q

malpractice claims increasing?

A

yes

- likely due to increases in tech- like CBCT readings

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3
Q

highest claim in what specialty

A

prosth, endo, restorative, diagnosis

ortho least

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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
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5
Q

incident is

A

disgrunted patient

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6
Q

complaint is

A

from the patietns attorny

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7
Q

if recieve complaint?

A

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

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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

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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

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10
Q

trial phase

A

after discovery

will occur

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11
Q

trial phase

A

after discovery

will occur in STATE CIVIL COURT SYSTEM

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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

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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 )

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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

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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)

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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

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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
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18
Q

negligence vs contract

A

legal complaint under contract is patient abandonment

time for contract - have less time that negligence tort

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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)

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