Health Law VI

Question 1

Who determines if you lose your license to practice?

Answer 1

BME–not the jury

Question 2

True or false: malpractice suits lost by you result in the loss of your medical license

Answer 2

False–only the BME can take away your license, but may investigate you if you lose

Question 3

What are the four major causes of claims against drs?

Answer 3

• Malpractice
• Communication with pts or professionals
• Systems failures
• Documentation

Question 4

What are the four major types of claims?

Answer 4

• Diagnosis errors
• Improper performance
• Medication errors
• Failure to supervise or monitor

Question 5

What are the top two reasons patients sue?

Answer 5

• Attitude

- Communications

Question 6

What should you never do with medical records that show a dr is at fault?

Answer 6

Never put another doctor at fault–you probably don’t know all the information

Question 7

What are the four things that a patient has to claim successfully to sue a doctor for malpractice?

Answer 7

• Duty
• Breach of standard of care
• Causation
• Damages

Question 8

Are you obligated to treat every patient that comes into your practice?

Answer 8

No

Question 9

What was the result of the tarasoff case?

Answer 9

Must inform others of dangers to them if patient makes threats

Question 10

How do patients present a case that you did not follow the standard of care?

Answer 10

Hire experts

Question 11

Do you have to testify as an expert if you don’t want to?

Answer 11

No

Question 12

What is meant by the phrase “res ipsa loquitur”?

Answer 12

The things speaks for itself–when negligence is obvious

Question 13

What are the three qualifications of res ipsa loquitur?

Answer 13

• Must have negligent aspect to it
• Caused solely by the defendant
• Injury not caused by patient

Question 14

What is the major point made with medical negligence cases?

Answer 14

Bad outcomes does not always mean malpractice / negligence

Question 15

What is defined as the standard of care?

Answer 15

what a reasonable doctor would do in similar circumstances

Question 16

What are the five major categories of damages that patients can be awarded for?

Answer 16

• Pain and suffering (past and future)
• Medical expenses
• Loss of enjoyment of life
• Lost wages
• Lost accumulation to estate

Question 17

True or false: a patient can only sue for future pain and suffering, not past

Answer 17

False

Question 18

What is a consortium claim?

Answer 18

damage to patient results in other’s suffering (like parent who has to take care of disabled child)

Question 19

What are punitive claims, and how often do they occur in malpractice suits?

Answer 19

• claims solely to punish you

- Rarely

Question 20

True or false: punitive damages are not based on any damage incurred by the patient

Answer 20

True

Question 21

What justifies punitive damages in malpractice cases?

Answer 21

Willful, wanton disregard for a patient’s interests

Question 22

What is the statute of limitations in Iowa for adults? (3)

Answer 22

• 2 years SOL
• Discovery rule
• Not more than 6 years unless a foreign body

Question 23

What is the 2 year limit of statute of limitations for specifically?

Answer 23

File the lawsuit–not file a claim or notify you

Question 24

If an incident giving rise to a claim is for negligence that occurred to a child under 8, how long do they have to file a lawsuit?

Answer 24

10th birthday

Question 25

If an incident giving rise to a claim is for negligence that occurred to a child 8 or above, how long do they have to file a lawsuit?

Answer 25

2 year rule applies

Question 26

What is the consortium claim statute of limitations for children?

Answer 26

2 year rule applies