11/7 + malpractice Flashcards

1
Q

malpractice refers to what type of law

A

civil law

professional negligence

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2
Q

civil law looks at

A

contracts and torts (personal injuries)

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3
Q

torts can be

A

intention al - intended assumed

unintentional

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4
Q

unintentional tort example

A

negligence

  • failure to exercise that degree of care which a reasonable person would exercise under the same circumstances
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5
Q

negligence is

A

a unintentional tort

failure to exercise that degree of care which a reasonable person would exercise under the same circumstance

malpractice = professional nelgigence

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6
Q

malpractice =

A

professional negligence - the dentist has a duty to the patient to disclose relevant facts about the risks of treatment
- if these risks are not disclosed and a patient suffers on of these risks, the patient may sue the dentist for malpractice

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7
Q

place of public accomodation

A

a lot of doctors work in these places of accomodations

like hotels, your rent property

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8
Q

fail to exercise a degree of care which a reasonable person would exercise under the same circumstance filed for

A

civil tort of negligence

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9
Q

elements of negligence / malpractice

A

duty

breach

causation

harm

ALL FOUR MUST BE FOUND BY THE COURT TO BE GUILTY!

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10
Q

duty is established if

A

you are the doctor of a patient on record

like patient asks for supina – court order to direct release of record
- give record to the court

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11
Q

harm

A

physical harm

CANNOT BE EMOTIONAL

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12
Q

what type of harm with negligence / malpractice

A

has to be physical
- doesnt have to kill

usually physical harm results in financial burden

intervention or lack there of that caused

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13
Q

breach

A

component of the negligence / malpractice

break some type of responsibility - was not fulfilled

important to find out –did that failure DIRECTLY cause the harm??

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14
Q

causation

A

component of the negligence / malpractice requires proximate cause

has to be a direct relationship between the harm and cause

did the dotor break a responsibility that directly caused a physical harm?

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15
Q

which are easy / hard to find in court with malpractice

A

easy – duty and

harder - causation

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16
Q

what do experts testify to?

A

to the standard of care

what it is witin this case and talk about liklihood that this caused the physical harm to the patietn

standard of care and causation discussed

17
Q

in order to determine malpractice in terms of duty?

A

the duty to treat has been broken which has proximately caused a physical harm to the patient

18
Q

standard of care

A

reasonable and accepted treatment options

clinical guidelines

19
Q

court standard

A

reasonable person / doctor standard
- what would a reasobable doctor done in this same situation

national – now on a national standard

20
Q

best ways to generally avoid malpractice

A
  1. obtain informed consent – like explain to them so that they understand
  2. provide them with the standard of care

critical to charting — demonstrate that providing standard of care

21
Q

informed refusal

A

a fully informed, competent patient refuses the recommende tretment or any treatment at all

22
Q

elements of informed consent

A

informed

voluntary

understanding

23
Q

place of public accomodatino

A

invites people to come
any type of business entity that invites people in

welcome and invite to come in

24
Q

what does there have to be for negligence / malpractice

A

place of public accomodation – like that of a dental office

25
who could be sued for negligence
any person who runs a place of public accomodation
26
sued for ?
malpractice -- under negligence -- but because have a license
27
proximate cause?? | determined by
direct causal link between what the doctor did or didn't do that resulted in the harm rely on expert witnesses - testify on the standard of care
28
standard of care
is the degree of skill or care practiced by a reasonbable professional practicing in the same field the standard of care pertains to what reasonably prudent dentist would have done under similar circumstances
29
standard of care usually come out on
clinical guidelines and reasonable and accepted treatment options
30
why update medical everytime
may change the tx that day
31
legal standard of care
standard of care is a legal term denoting the level of conduct a physician or healthcare provider must meet in treating a patient so as nont to be guilty of negligence, usually called malpractice the standard is defined by what a reasonably prudent healthcare provider would do in the same or similar circumstances
32
ethical standard of care
the conscientious application of up-to date knowledge, competent skill, and reasoned judgement in the best interest of the patient, honoring the autonomy of the patient - keep up with the always changing field of medicine, CE's and literature
33
a bad result outside the standard of care?
no -- providing that the patient has received the minimum level of care to which he/she is entitled this includes proper referral to another dentist when the level of care which the patient is entitled is beyond the dentists capability
34
intention in malpractice cases
not looked at like the torts = intentional this could be unintentional but harm could still occur - looks more at if harm occured, was there a follow up what did or didnt happen??
35
intention in malpractice cases
these are UNINTENTIONAL not looked at like the torts = intentional this could be unintentional but harm could still occur - looks more at if harm occured, was there a follow up what did or didnt happen??