Health Law III Flashcards
What is the purpose of allowing the BME to request any medical record without informing the patient?
Can investigate a physician without informing all of the patients
What should be done when you receive a letter from the BME?
Get a lawyer, and write a letter back
What should be done if an investigator from the BME shows up at your office unannounced, and requests to speak with you?
Have to cooperate with them, but not at that moment–get an attorney present
Should you ever go to a hearing without a lawyer?
No
Is the public allowed to hear malpractice suits?
No, unless you give permission
What is the principle behind informed consent?
Autonomy–Wrong to force a person to act against their will
What is the charge for not obtaining informed consent?
Battery
There is a presumption that informed consent has been given if what two criteria are met?
- Consent is in writing
- Consent sets forth nature and purpose of procedure
What are the risks that must be set forth in a consent form? (5)
- Brain damage
- Quadriplegia
- Paraplegia
- Loss of limb or function
- Disfiguring scar
What three things must be done when consenting a patient?
- Consent indicates this information
- Indicates all questions have been answered
- Consent is signed by the patient
Whose responsibility is it to get consent?
Doctor has to have conversation–not PA or NP, or anyone else.
Who can have the patient sign the consent form (but not have the conversation)?
Nurse, NP, or PA
What does the jury decide about informed consent cases?
Was informed consent obtained?
What is the role of obtaining experts do in informed consent cases?
Testify about the:
- Risks
- Likelihood of occurrence
What are the specific risks that must be discussed with a patient?
“Material risk”–the significance a reasonable person
What must the plaintiff/pt show if a complication develops to sue under lack of informed consent?
Either he/she would have not had the procedure, or would have chosen a difference course
What are the exceptions to the rule of informed consent? (6)
- Complete disclosure detrimental to pt
- Patient not competent to give informed consent
- Emergency
- Information is so well known
- Extremely remote chance
- If you’re not aware of complication
What is the perspective that is taken by the court/jury with informed consent cases?
from the patient
True or false: if the possibility is remote, it does not need to be given during informed consent
True
If informed consent is obtained by the person who performs the procedure, but not by the internist, is the internist liable?
No
What is the difference between battery and negligence?
Battery = no informed consent. Period.
Negligence = inadequate informed consent
What happens when a complication occurs that requires another procedure for which no consent was given (e.g. doing a surgery and performing a different procedure d/t new circumstances)?
Battery iff the 2 procedures are totally different and unrelated
What is the best way to protect yourself from suits?
Documentation, and consent the patient yourself
Can the physician delegate consenting a patient?
The act of signing, yes
The act of talking to the patient, no
How do you maximize the benefit from handouts that explain complications from procedures?
Keep them
What are the three steps the BME will take to pursue a case?
- Letter
- Open investigation
- Hearing
True or false: you need to inform the patient of risks of a procedure, even if it is obvious
False
True or false: if you’re not aware about the risk of a procedure, and do not inform the patient about it, you’re still liable
False
True or false: you do not need to inform the patient about risks that are very remote
True
True or false: you do not need to inform the patient of the risks if it presents a danger to them in knowing
True, but yeah…
What is the difference between the physician rule, and the patient rule in terms of informed consent?
Physician rule = what a reasonable physician would disclose under similar circumstances
Patient: what a reasonable person would want/need to know
