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2601 > Chpt 7 > Flashcards

Chpt 7 Flashcards

1
Q

Assumption of risk

A

A defense to medical malpractice that physicians can use to prove they made the patients aware of the risks of their procedures
Relies on a detailed consent form signed by patient

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2
Q

Claims-made policies

A

One of 2 types of malpractice insurance
Policies that protect policyholders from malpractice claims only when the insurance company insuring the policyholders at the time of alleged malpractice is the same company at the time the claim is filed in court.

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3
Q

Comparative negligence

A

When both the physician and the patient are found to be responsible for an injury.

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4
Q

Compensatory award

A

Money that is awarded to a patient or patient’s family to compensate for the cost of medical care, disability, mental suffering, any loss of income, and the loss of future income as a result of injury.

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5
Q

Continuing education

A

Educational courses or seminars taken by professionals to further knowledge or skills

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6
Q

Contributory negligence

A

A malpractice defense in which a physician may have been at fault for a patient’s injury but can prove that the patient aggravated the injury or in some way worsened it.

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7
Q

Damages

A

The actual costs associated with the injury sustained, such as medical care
Patient must prove they sustained damages: physical or mental disability , loss of enjoyment of life activities , loss of financial earnings , medical expenses, pain and suffering, loss of relationships

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8
Q

Dereliction of duty

A

Physicians must meet standard of care guidelines for a healthcare provider with the same training, in the same location , and under the same circumstances

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9
Q

Direct cause

A

A patient must prove that the patient physician’s actions, or lack of actions, directly caused the patient’s injuries

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10
Q

Discovery rule

A
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11
Q

Duty

A

Physicians have a duty to care for patients once they have taken those patients on

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12
Q

Immunity

A

Protection from being held responsible monetarily in a lawsuit

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13
Q

Informed consent

A

Physicians must give patients all information about a procedure, including risks and alternatives to the procedure.
Cuts back on malpractice suits

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14
Q

Malfeasance

A

Performing an incorrect treatment, such an operating on the wrong patient

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15
Q

Malpractice

A

Medical negligence that results in a patient being harmed in some way.
3 types: malfeasance, misfeasance & nonfeasance

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16
Q

Malpractice insurance policy

A

Liability insurance used to protect a physician in the event of a medical mistake or error
Policies available through local and state associations

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17
Q

Misfeasance

A

Performing a treatment incorrectly, such as operating on a patient’s arm and accidentally severing a nerve, leaving the patient without the use of the arm

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18
Q

Nominal award

A

A small award or payment that is made when negligence is proven, but the damages are minimal

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19
Q

Nonfeasance

A

Delaying or failing to perform treatment

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20
Q

Occurrence policies

A

Policies that cover policyholders regardless of when claims are filed provided the policies were in effect at the time of the alleged malpractice events

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21
Q

Punitive award

A

An award made when judges or juries feel that a healthcare provider should be punished for his or her actions
Several states do not allow for punitive damages

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22
Q

Res ipsa loquitor

A

Latin
The thing speaks for itself
The malpractice is obvious
In these cases the physician must prove that what they did is correct

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23
Q

Res judicata

A

Latin
The thing has been decided
Once a case has been decided in a physician’s favor, the case must be dropped.
When finding in a patient’s favor, the doctor can appeal hoping for a lower settlement or reversal a

24
Q

Respondeat superior

A

Latin
Let the master answer
Lawsuit can be filed against physician for mistake of staff
Each staff member can be named so they should carry malpractice insurance policies
Doctrine covers employees performing within their scope of practice at time of injury.

25
Q

Scope of practice

A

The skills practiced by a person who has received training in a particular profession

26
Q

Settled

A

A case is considered to be settled when the two sides in a lawsuit agree on a financial award to the injured patient

27
Q

Standard of care

A

The amount and type of care that a reasonable and prudent person would provide, given the same training and circumstances

28
Q

Statute of limitations

A

The period of time provided by law for a patient to file a malpractice lawsuit from the date of the injury.
Some states allow this to be from the date the injury is discovered, the discovery rule
Some states when a child turns 18, so they can bring the lawsuit on their own behalf.

29
Q

Subpoena

A

Signed by a judge
Authorizes the physician to release information without a patient signature
Facility is not required to notify the patient of the subpoena or release of information but many will as a courtesy
HIPAA requires medical facilities to keep records of all patient-record disclosures and to make those records available to patients upon request

30
Q

Tort

A

Wrongful act that leads to damages sustained by another

31
Q

Checking credentials of healthcare professionals

A

Require copy of state licensure if applicable
Follow up: all licenses should be renewed each year- manager can do this or contract out the verification

32
Q

Check on professionals

A

Licensure
Malpractice insurance if not provided by company
Verify credentials and work history
Research any malpractice claims filed against a provider
Check state licensure in other states

33
Q

Personnel files

A

License
Malpractice coverage
Copy of CE credits

34
Q

Borrowed servant

A

Doctrine in which an employee involved in a malpractice event is employed by a temp agency, not the physician or facility, is a borrowed servant and is covered by the physician or facility where the negligence occurred

35
Q

Tail

A

A rider on a new policy stating that the new company will cover any events for a certain period before the policy’s purchase

36
Q

To prove medical malpractice

A

4 Ds
Duty
Dereliction of duty
Direct cause
Damages

37
Q

Negligent torts

A

Did not intentionally cause injury

38
Q

Intentional torts

A

Proven to have been caused purposefully

39
Q

Malpractice awards

A

1in 10 cases result in awards or settlements

40
Q

Wrongful death statutes

A

Monetary losses will be limited to financial earnings over course of life.
Payment may be made for loss of childcare, cooking and cleaning
Some states allow suing for pain and suffering but place a cap on award

41
Q

Apologies

A

Apparently cut back on lawsuits
29 states: apologies are not considered proof of malpractice

42
Q

Best defense against malpractice suit

A

An accurate and complete medical record

43
Q

Statute of limitations LA and MS

A

LA: 1 year from date of injury
MS: 2 years from date of injury or date of discovery. Must be filed within 7 years of the date of injury

44
Q

Additional liability

A

If a member of the healthcare team notices a problem but doesn’t speak up, they can be held partly responsible for the injuries.

45
Q

Federal Claims Tort Act of 1946

A

Prohibits lawsuits against any U. S. Governmental facility
Provides for ordinary negligence, not intentional injury.

46
Q

Fraud

A

A deliberate act to conceal facts in order to receive illegal or unfair gain.

47
Q

Instances of fraud

A

Billing for services not rendered
Intentionally charging for more extensive services than those performed
Kickbacks
Falsify medical records
Cover up errors

48
Q

Fraud penalties

A

Can result in criminal charges
This can occur due to intentional or nonintentional fraud

49
Q

Reportable conditions

A

Birth certificates
Death Certificates
Infectious or communicable disease reporting
Lists can be obtained from state or local health departments and should be updated yearly

50
Q

1986 National Childhood Vaccine Injury Act

A

Vaccine injuries must be reported to alert other physicians of possibly contaminated batches of vaccine
Manager reports patient name and age as well as the name and lot number of the vaccine

51
Q

Medical practice acts

A

Each state has them
List duties and responsibilities of physicians and actions that may be causes of disciplinary actions
Being convicted of a felony or be proven to have abused a patient can lead to license revocation

52
Q

Invasive procedure protocol

A

Patient must be given complete information and sign an informed consent indicating that they understand the risks

53
Q

Physicians can refuse patients

A

New patients or even existing ones
Unless there are life-threatening emergent conditions
May not abandon a patient-must have someone to cover the practice in the event of an emergency, even for a vacation
Policies and availabilities can be changed with proper notification

54
Q

Termination of care

A

Physicians may terminate a patient for noncompliance with healthcare orders, nonpayment of medical bills, drug-seeking behavior, & not showing up for scheduled appointments
Must send the patient a letter alerting the patient of termination of the relationship. Should offer to refer the patient to another physician and to transfer the medical records to the new physician

55
Q

Patient satisfaction survey

A

Sent randomly to patients
Rate pleasantness of staff, cleanliness of office, time spent waiting to be seen, the explanation given regarding the patient’s condition
Used to make improvements and to counsel staff and physicians

56
Q

Ethical codes

A

Found on the websites of each professional organization
Often if a physician asks the staff to perform tasks outside their scope of practice they don’t know the scope.
Tell the manager. They can explain the scope of practice
Patients must be treated lawfully, ethically and to have their charts documented correctly

57
Q

Minors

A

Laws for releasing minors information vary from state to state, the manager must know the laws in their state.
Minors may receive copies of only those documents their parents can’t see. Parents would receive copies of the other.
Ex. Std info, birth control or abortion, mental health, alcohol or drug rehab
Versus vaccines

2601 (15 decks)

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