Health Law V Flashcards
What are the three types of cases that go to administrative courts?
- Worker’s compensation
- Board of Medical Examiners
- Employment/ civil rights
What is the general difference between administrative courts and district courts?
District courts have much stricter rules
What is the claim cap for small claims court?
Less than $5,000
Are lawyers required in small claims courts?
No
What is the most common court that you will hear malpractice suits in?
District courts
Are there juries in small claims courts? District courts?
Districts, yes
Small claims, no
What is the credibility key for district courts?
Live witnesses
Are there live witnesses in appellate courts?
No–just documents, oral arguments, and written briefs
Are you more likely to be in a state or federal court for medical malpractice?
State
Who is the plaintiff?
Person who brings the suit
What is a deposition?
Testimony under oath, in a conference room and a court reporter
How important are depositions?
Super
What is a “motion” in court?
Request for the court to do something
What is a frivolous lawsuit?
Case without a reasonable basis to believe case is grounded in fact
Are pre-screening mechanisms in place in Iowa prior to filing a lawsuit?
No
A lawsuit has to be served in what timeframe?
90 days
What is the best way to approach a mistake in the medical field?
Apologize to a patient, and do not talk to anyone except a lawyer or a spouse about it
Can you spouse be used as a witness against you in a civil malpractice case?
No
What is the deadline for responding to a lawsuit?
20 days
Is there a cap to awarded damages in Iowa?
No
Why will a patient sue not only a doctor, but the practice?
- More money at stake with two malpractice insurances
- can sue other employees
What is the statute of limitations in Iowa?
2 years from finding issue
What is vicarious liability?
Liability of practice for physicians and employees
Why is it that Doctors do not take liability from nurses or others?
not able to fire or hire nurses
When are doctors on the hook for their PAs (in the setup of an ER like Abbott)?
If PA does not consult (say a simple case), dr is not liable. But if brought in, then yes.
What are the four major responsibilities of hospitals in terms of preventing corporate negligence?
- 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
