Duty and Standard of Care

Question 1

What is the tort of negligence

Answer 1

A kind of civil law

Negligence falls under civil law
- Not Criminal Law
- Not Administrative Law

Question 2

Torts vs Criminal Law

Answer 2

Torts aim for:
- Compensations
- Private resolution
Torts can occur at the same time with administrative law proceedings

Criminal Law aim for
- Punitive punishments
- Public deterrence

Question 3

The four elements of negligence

Answer 3

1. Duty of Care
2. Breach of Standard of Care
3. Injury or Damage Suffered
4. Breach of Standard of Care caused the Injury or Damage

Have to have all 4 to be able to claim negligence

Question 4

Duty of Care
- Relation to negligence

Answer 4

Duty to not harm individuals who fall within a certain proximate of care
- Is rarely contested in litigation

Question 5

Duty of Care
- Who does a health care professional have a duty of care to?

Answer 5

Duty of care does not apply to everyone a professional interacts with
- Almost always exists between health care professional and patient/client

Question 6

Duty of Care
- Who does a facility have a duty of care to?

Answer 6

If you occupy a facility you you hold responsibility for whoever enters

Question 7

Duty of Care
- Imposed by what?

Answer 7

Common Law and Legislation Law
- Occupiers’ Liability Act

Question 8

Duty of Care
- Examples

Answer 8

Duty to:
- Accurately dispense prescription
- Instruct/Advise dosing and duration
- Refer or Consult
- Document
- Supervise employees

Question 9

Standard of Care
- Relation to negligence

Answer 9

Reasonable standards based on experience and qualifications
- Standards are approved by college

Question 10

Standard of Care
- Flexing

Answer 10

Time and circumstances relevant
- Cant hold every site to the same standards
- Can be flexed

Question 11

Standard of Care
- Imposed by what?

Answer 11

Approved Practice:
- Authoritative Journals
- Issued by Regulatory College
- Guidelines issued by professional organizations

Question 12

Importance of Documentation and Charting

Answer 12

Clinical
- Effective form of communication between health care professionals
- Continuity of care

Legal
- Record of care
- Defending health care providers

Question 13

What is the most controllable element to prevent neglegence

Answer 13

Standard of Care

Question 14

Common pitfalls in litigation

Answer 14

Not following policies and procedure
Not documenting
Not asking for a consult
Miscommunication
Not advocating for a patient

Question 15

What is direct liability

Answer 15

A kind of hospital liability where the organization is at fault
- Poor selection in staff, supervision, organizational issues, continuing education

Question 16

What is vicarious liability

Answer 16

A kind of hospital liability where a third party (employee, staff) is at fault