Health Law VI Flashcards
Who determines if you lose your license to practice?
BME–not the jury
True or false: malpractice suits lost by you result in the loss of your medical license
False–only the BME can take away your license, but may investigate you if you lose
What are the four major causes of claims against drs?
- Malpractice
- Communication with pts or professionals
- Systems failures
- Documentation
What are the four major types of claims?
- Diagnosis errors
- Improper performance
- Medication errors
- Failure to supervise or monitor
What are the top two reasons patients sue?
- Attitude
- Communications
What should you never do with medical records that show a dr is at fault?
Never put another doctor at fault–you probably don’t know all the information
What are the four things that a patient has to claim successfully to sue a doctor for malpractice?
- Duty
- Breach of standard of care
- Causation
- Damages
Are you obligated to treat every patient that comes into your practice?
No
What was the result of the tarasoff case?
Must inform others of dangers to them if patient makes threats
How do patients present a case that you did not follow the standard of care?
Hire experts
Do you have to testify as an expert if you don’t want to?
No
What is meant by the phrase “res ipsa loquitur”?
The things speaks for itself–when negligence is obvious
What are the three qualifications of res ipsa loquitur?
- Must have negligent aspect to it
- Caused solely by the defendant
- Injury not caused by patient
What is the major point made with medical negligence cases?
Bad outcomes does not always mean malpractice / negligence
What is defined as the standard of care?
what a reasonable doctor would do in similar circumstances
What are the five major categories of damages that patients can be awarded for?
- Pain and suffering (past and future)
- Medical expenses
- Loss of enjoyment of life
- Lost wages
- Lost accumulation to estate
True or false: a patient can only sue for future pain and suffering, not past
False
What is a consortium claim?
damage to patient results in other’s suffering (like parent who has to take care of disabled child)
What are punitive claims, and how often do they occur in malpractice suits?
- claims solely to punish you
- Rarely
True or false: punitive damages are not based on any damage incurred by the patient
True
What justifies punitive damages in malpractice cases?
Willful, wanton disregard for a patient’s interests
What is the statute of limitations in Iowa for adults? (3)
- 2 years SOL
- Discovery rule
- Not more than 6 years unless a foreign body
What is the 2 year limit of statute of limitations for specifically?
File the lawsuit–not file a claim or notify you
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?
10th birthday
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?
2 year rule applies
What is the consortium claim statute of limitations for children?
2 year rule applies
