Defenses to Liability Suits Flashcards
affirmative defenses
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
assumption of risk
legal defense that holds that the defendant is not guilty of a negligent act because the plaintiff knew of and accepted beforehand any risks involved
claims-made insurance
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.
comparative negligence
An affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree.
contributory negligence
An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury.
denial
A defense that claims innocence of the charges or that one or more of the four Ds of negligence are lacking.
emergency
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.
liability insurance
Contract coverage for potential damages incurred as a result of a negligent act.
occurrence insurance
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.
prior acts insurance coverage
A supplement to a claims-made insurance policy that can be purchased from a new carrier when health care practitioners change carriers.
quality improvement (QI) or quality assurance (QA)
A program of measures taken by health care providers and practitioners to uphold the quality of patient care.
release of tortfeasor
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
“The thing has been decided.” Legal principle that a claim cannot be retried between the same parties if it has already been legally resolved.
risk management
The taking of steps to minimize danger, hazard, and liability.
self-insurance coverage
An insurance coverage option whereby insured subscribers contribute to a trust fund to be used in paying potential damage awards.
