Chapter 6 Defenses to Liability Suits

Question 1

The four Cs of Medical malpractice prevention

Answer 1

• caring
• communication
• competence
• charting

Question 2

7 reasons for medical malpractice suites

Answer 2

• misdiagnoses
• birth injury
• wrong diagnosis
• delay in diagnosis
• medication errors
• negligent procedures
• failure to obtain informed consent

Question 3

Ways to prevent lawsuits

Answer 3

• explanation
• correction of mistake
• financial compensation
• correct treatment
• admission
• want to be heard
• action against the medical personnel involved
• honesty
• investigation

Question 4

Documentation

Answer 4

• referrals
• missed appointment
• dismissals
• treatment refusals
• all other patient contact

Question 5

Different types of defenses

Answer 5

• denial
• affirmative
• contributory negligence
• conpartive negligence
• assumption of risk
• emergency

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 suits 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

assumption of risk

Answer 9

a legal defense that holds that the defendant is not guilty of a negligent act because the plaintiff knew of an accepted beforehand any risks involved.

Question 10

emergency

Answer 10

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 11

technical defenses

Answer 11

defenses used in a lawsuit that are based on legal technicians

Question 12

release of tortfeasor

Answer 12

a technical defense that 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.

Question 13

Rus Judicata

Answer 13

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

Question 14

Statute of limitations

Answer 14

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

Question 15

Risk management

Answer 15

the taking of steps to minimize danger, hazard and liability

Question 16

Quality Improvement

Answer 16

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

Question 17

liability insurance

Answer 17

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

Question 18

claims-made insurance

Answer 18

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

Question 19

occurrence insurance

Answer 19

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 20

tail coverage

Answer 20

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 21

Prior acts insurance coverage

Answer 21

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

Question 22

Different types of extended coverage insurance

Answer 22

• tail coverage
• prior acts insurance coverage
• self-insurance coverage

Question 23

technical defenses

Answer 23

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

Question 24

comparative negligence

Answer 24

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