Chapter 6 - Defenses to Liability Suits Flashcards
Terminology
Denial
P. 143
A defense that claims innocence of the charges or that one or more of the four Ds of negligence are lacking.
Affirmative defenses
P. 144
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.
Contributory negligence
P. 144
An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury.
Comparative negligence
P. 144
An affirmative defense claimed by the defendant alleging that the plaintiff contributed to the injury by a certain degree.
Assumption of Risk
P. 144
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.
Emergency
P. 144
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.
Technical defenses
P. 145
Defenses used in a lawsuit that are based on legal technicalities.
Release of tortfeasor
P. 145
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.
Res judicata
P. 145
“The thing has been decided.” Legal principle that a claim cannot be retried between the same parties is it has already been legally resolved.
Statute of limitations
P. 145
That period of time is stablished by state law during which a lawsuit may be filed.
Risk management
P. 147
The Taking of steps to minimize danger, Hazard, and liability.
quality improvement (QI) or quality assurance (QA)
P. 148
A program of measures taken by Health Care providers and practitioners to uphold the quality of patient care.
Liability insurance
P. 149
Contract coverage for potential damages incurred as a result of a negligent act.
Claim-made Insurance
P. 150
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.
Occurrence insurance
P. 150
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.
Tail coverage
P. 150
And 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.
Prior acts insurance coverage
P. 150
A supplement to a claims-made insurance policy that can be purchased from a new carrier when Health care practitioners change carriers.
Self-insurance coverage
P. 150
An insurance coverage option whereby insured subscribers contribute to a trust fund to be used in paying potential damage awards.
The four C’s of medical malpractice prevention
P. 139
- Caring
- Communication
- Competence
- Charting
Why do patients sue?
P. 141
- Failure to diagnose.
- Patient suffered abnormal injury.
- Failure to treat.
- Poor documentation of patient instructions and education.
- Errors in medication Administration.
- Failure to follow safety procedures.
- Improperly obtaining/lack of informed consent.
There are two main types of medical malpractice insurance:
P. 150
- Claims-made insurance
2. Occurrence insurance
There are three types of insurance that Healthcare practitioners can purchase to extend coverage of a canceled claims-made policy or for claims-made coverage when the insured switches to a different insurance carrier:
(P. 150)
- Tail Coverage
- Prior acts insurance coverage
- Self-insurance coverage
The statute of limitations for filing professional negligence suits varies with states but generally specifies ______________.
(P. 145)
1 to 6 years.
2 years being most common
