Health Law V

Question 1

What are the three types of cases that go to administrative courts?

Answer 1

• Worker’s compensation
• Board of Medical Examiners
• Employment/ civil rights

Question 2

What is the general difference between administrative courts and district courts?

Answer 2

District courts have much stricter rules

Question 3

What is the claim cap for small claims court?

Answer 3

Less than $5,000

Question 4

Are lawyers required in small claims courts?

Answer 4

No

Question 5

What is the most common court that you will hear malpractice suits in?

Answer 5

District courts

Question 6

Are there juries in small claims courts? District courts?

Answer 6

Districts, yes

Small claims, no

Question 7

What is the credibility key for district courts?

Answer 7

Live witnesses

Question 8

Are there live witnesses in appellate courts?

Answer 8

No–just documents, oral arguments, and written briefs

Question 9

Are you more likely to be in a state or federal court for medical malpractice?

Answer 9

State

Question 10

Who is the plaintiff?

Answer 10

Person who brings the suit

Question 11

What is a deposition?

Answer 11

Testimony under oath, in a conference room and a court reporter

Question 12

How important are depositions?

Answer 12

Super

Question 13

What is a “motion” in court?

Answer 13

Request for the court to do something

Question 14

What is a frivolous lawsuit?

Answer 14

Case without a reasonable basis to believe case is grounded in fact

Question 15

Are pre-screening mechanisms in place in Iowa prior to filing a lawsuit?

Answer 15

No

Question 16

A lawsuit has to be served in what timeframe?

Answer 16

90 days

Question 17

What is the best way to approach a mistake in the medical field?

Answer 17

Apologize to a patient, and do not talk to anyone except a lawyer or a spouse about it

Question 18

Can you spouse be used as a witness against you in a civil malpractice case?

Answer 18

No

Question 19

What is the deadline for responding to a lawsuit?

Answer 19

20 days

Question 20

Is there a cap to awarded damages in Iowa?

Answer 20

No

Question 21

Why will a patient sue not only a doctor, but the practice?

Answer 21

• More money at stake with two malpractice insurances

- can sue other employees

Question 22

What is the statute of limitations in Iowa?

Answer 22

2 years from finding issue

Question 23

What is vicarious liability?

Answer 23

Liability of practice for physicians and employees

Question 24

Why is it that Doctors do not take liability from nurses or others?

Answer 24

not able to fire or hire nurses

Question 25

When are doctors on the hook for their PAs (in the setup of an ER like Abbott)?

Answer 25

If PA does not consult (say a simple case), dr is not liable. But if brought in, then yes.

Question 26

What are the four major responsibilities of hospitals in terms of preventing corporate negligence?

Answer 26

• Use reasonable care in the maintenance of equipment
• Select and retain only competent physicians
• Oversee persons who practice medicine
• Formulate and enforce rules to ensure quality care