6 - Defenses to Liability Suits

Question 1

What are the 4 C’s of Medical Malpractice Prevention?

Answer 1

1. Caring
2. Communication
3. Competence
4. Charting

Question 2

Types of Defenses

Denial

Answer 2

Defense that claims innocence of the charge(s) or that one or more of the four D’s of negligence are lacking

Question 3

Types of Defenses

Affirmative Defenses

Answer 3

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.

Types:

1. contributory negligence
2. Comparative negligence
3. Assumption of Risk
4. Emergency

Question 4

Affirmative Defense

Contributory negligence

Answer 4

Alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury.

Question 5

Comparative Negligence

Answer 5

An affirmative defense claimed by the defendant alleging that the plaintiff contributed to the injury by a certain degree.

ex. Court decides Pt contributed 20% to injury and Physician contributed 80%, then Pt’s Damage award may be reduced by 20%

This may not apply to those who may have incompetent at time

Question 6

Affirmative Defense

Assumption of Risk

Answer 6

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.

Informed consent is very important here!

Question 7

Affirmative Defense

Emergency

Answer 7

The person who comes to the aid of a victim in an emergency is not held liable if:

1. A true emergency situation existed and was not caused by the defendant.
2. The appropriate standard of care was met, given the emergency situation.

Question 8

Types of Defenses

Technical Defenses

Answer 8

Defenses used in a lawsuit that are based on legal technicalities.

Types include:

1. Release of Tortfeasor
2. Res Judicata
3. Statute of Limitations

Question 9

Technical Defense

Release of Tortfeasor

Answer 9

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

ex. In most states, Party who caused auto accident is responsible for both the victim’s injury and physician negligence

Question 10

Technical Defense

Res Judicata

Answer 10

“The thing has been decided.”

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

Ex. If a patient refuses to pay a physician’s fees on the grounds that the physician was negligent and the physician sues for money owed and wins, the patient cannot then sue the physician for negligence

Question 11

Technical Defenses

Statute of Limitations

Answer 11

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

Varies state to state but often 2 years (can be 1-6yrs).

Question 12

What is risk management?

Answer 12

Taking of steps to minimize danger, hazard, and liability

Question 13

What is quality assurance or quality improvement?

Answer 13

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

Question 14

What is liability insurance?

Answer 14

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