Chapter 6 - Defenses to Liability Suits

Question 1

Denial

P. 143

Answer 1

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

Question 2

Affirmative defenses

P. 144

Answer 2

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.

Question 3

Contributory negligence

P. 144

Answer 3

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

Question 4

Comparative negligence

P. 144

Answer 4

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

Question 5

Assumption of Risk

P. 144

Answer 5

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 6

Emergency

P. 144

Answer 6

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 7

Technical defenses

P. 145

Answer 7

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

Question 8

Release of tortfeasor

P. 145

Answer 8

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 9

Res judicata

P. 145

Answer 9

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

Question 10

Statute of limitations

P. 145

Answer 10

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

Question 11

Risk management

P. 147

Answer 11

The Taking of steps to minimize danger, Hazard, and liability.

Question 12

quality improvement (QI) or quality assurance (QA)

P. 148

Answer 12

A program of measures taken by Health Care providers and practitioners to uphold the quality of patient care.

Question 13

Liability insurance

P. 149

Answer 13

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

Question 14

Claim-made Insurance

P. 150

Answer 14

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 15

Occurrence insurance

P. 150

Answer 15

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 16

Tail coverage

P. 150

Answer 16

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.

Question 17

Prior acts insurance coverage

P. 150

Answer 17

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

Question 18

Self-insurance coverage

P. 150

Answer 18

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

Question 19

The four C’s of medical malpractice prevention

P. 139

Answer 19

• Caring
• Communication
• Competence
• Charting

Question 20

Why do patients sue?

P. 141

Answer 20

1. Failure to diagnose.
2. Patient suffered abnormal injury.
3. Failure to treat.
4. Poor documentation of patient instructions and education.
5. Errors in medication Administration.
6. Failure to follow safety procedures.
7. Improperly obtaining/lack of informed consent.

Question 21

There are two main types of medical malpractice insurance:

P. 150

Answer 21

1. Claims-made insurance

2. Occurrence insurance

Question 22

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)

Answer 22

1. Tail Coverage
2. Prior acts insurance coverage
3. Self-insurance coverage

Question 23

The statute of limitations for filing professional negligence suits varies with states but generally specifies ______________.

(P. 145)

Answer 23

1 to 6 years.

2 years being most common