Chapter 6

Question 1

What are the Four Cs of Medical Malpractice Prevention?

Answer 1

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

Question 2

Caring

Answer 2

There are two important benefits to showing your patients that you care. First is improvement in their medical condition. A secondary benefit is the decreased likelihood that your patients will feel the need to sue if treatment had unsatisfactory results, or if adverse events occur. Of course, it is important that you be sincere in your concern because others often quickly sense insincerity and may distrust you.

-Avoid destructive and unethical criticism of the work of other physicians and/or other health care practitioners. Do not discuss with a patient his or her former physician. Listen carefully to each patient’s complains and remarks about dissatisfaction with treatment, and see that comment reach the treating physician

Question 3

Communication

Answer 3

if you communicate clearly and ask for confirmation that you have been understood, you will be more likely to earn your patients and your colleagues trust and respect. If your duties include taking telephone messages, relate them accurately.

-Offer to make appointments when appropriate. Remember that when health care practitioners other than physicians, or in some instances physician assistance, diagnose or prescribe. they may be charged with practicing medicine without a license. When adverse events occur, use correct procedures in reporting the event, and never avoid or ignore any patients involved.

Question 4

Competence

Answer 4

know your professional area well, including your limitations. Follow standards of care and appropriate procedures for medical practitioners in similar practices and in similar communities. Avoid any action that you are not fully trained or equipped to handle.

• maintain and constantly update your knowledge and skills
• consult with other health care practitioners appropriately, early and often
• know the requirements of good medical practice in caring for each patient
• if you prepare or administer medications; check each drug three times; once when taking it from the supply cabinet, again when preparing the dosage, and third time when returning the container to the shelf. All outdated medications should be discarded and promptly replaced. Prescription blanks should not be left on desk tops or work areas.
• stay informed about general medical and scientific progress by reading professional journals, attending seminars, and professional association meetings, and fulfilling continuing study requirements

Question 5

Charting

Answer 5

documentation is proof. For legal purposes, if it isn’t in writing and explained completely, and accurately, it wasn’t done. Medical records should include X-rays test results, progress notes, and anything else related to the patients medical treatment.

• document as if the patient will read his or her medical record. Never write something you would not want the patient to see

Question 6

denial

Answer 6

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

Question 7

affirmative defenses

Answer 7

defenses used by defendants in medical professional liability suites that allow the accused to present factual evidence that the patients condition was caused by some factor other than the defendants negligence

Question 8

contributory negligence

Answer 8

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

Question 9

comparative negligence

Answer 9

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

Question 10

assumption of risk

Answer 10

a legal defense that holds that the defendant is not guilty of a negligent act because the plaintiff knew of and accepted before hand any risks involved

Question 11

emergency

Answer 11

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 12

technical defenses

Answer 12

defenses used in a lawsuit that are based on legal technicalities

Question 13

release of tortfeasor

Answer 13

a technical defense that prohibits a lawsuit against the person who caused an injury (the tortfeasor) if he or she was expressively released from further liability in the settlement of a suit

Question 14

res judicata

Answer 14

“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 15

statute of limitations

Answer 15

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

Question 16

risk management

Answer 16

the taking of steps to minimize danger, hazard, and liability

Question 17

quality improvement (QI) or quality assurance (QA)

Answer 17

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

Question 18

liability insurance

Answer 18

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

Question 19

claims-made insurance

Answer 19

a type of liability insurance that covers the insured only those claims made (not for any injury occurring) while the policy is in force.

Question 20

occurrence insurance

Answer 20

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 21

tail coverage

Answer 21

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 22

prior acts insurance coverage

Answer 22

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

Question 23

self-insurance coverage

Answer 23

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

Question 24

liability insurance

Answer 24

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