Lawsuit Flashcards
_________ files a lawsuit
Patient’s (plaintiff) attorney
What should the anesthesia provider do if a lawsuit is filed?
Anesthesia provider is served with the ‘complaint’ and a summons
requiring an ‘answer’ to the complaint. This is required
Who should be notified immediately?
Insurance carrier must be notified immediately after the receipt of the
complaint
What information does an insurance carrier need?
- Who served you
- What time, date, location, etc.
- Time limit for the response
What is the characteristics of pleadings?
- Plaintiff’s attorney files complaint with court
- Copy sent to defendant (mail or personal delivery depending on jurisdiction)
- Must be answered within a specified period of time
Define pleading.
Defendant attorney responds by submitting an answer
_________ attorney prepares a response to the
allegations
Defense (anesthesia provider)
What does the response depend on?
Relies on the candid and open discussion of the anesthesia provider in
responding to the complaint
What are parts of the discover when the law suit is filed?
-Pretrial discovery
-Deposition
information
What is the characteristic of a desposition?
- Questions and answer session
- Both parties may be present
- Both attorney’s are present
- Held in attorney’s office or hospital
- Court reporter present
- Under oath
- Deposition presented at trial
- Do not get emotional or angry
What is the mannerism at a deposition?
Not INFORMAL, do NOT be overly friendly!
What are the components of a trial?
- Follow protocol
- Rules of decorum
- Violation of court rules challenges judge’s authority
- No outbursts
What are considered to be outbursts?
- Grunts
- Groans
- Rolling of eyes
While on the stand these are important to do?
- Answer truthfully
- Never hesitate to say “I don’t recall or I have no recollection”
- DO NOT GUESS!
- Avoid inconsistent testimony
What are the healthcare providers 5 duties of a patient?
- To practice at a professional level of care
- To make full disclosure
- To protect confidences
- To offer continued treatment
- To recognize his or her limitations
What is the beginning of informed consent?
1914, Judge Benjamin Cardozo stated that “every human being of adult years and sound mind has the right to determine what should
be done with his own body; and a surgeon who performs an operation without his patient’s consent commits an assault for which he is liable for damages”
What happened in 1957 regarding informed consent?
Salgo v. Trustees of Leland Stanford Hospital
-Physician required to explain risks, benefits and alternatives of a proposed procedure to a patient
What happened in 1960 regarding informed consent?
Nathanson v. Kline
-Further specified what information should be disclosed to a patient and introduced the ‘Professional Practice Standard’
What happened in 1972 regarding informed consent?
Canterbury v. Spence
- ‘Reasonable Person Standard’ introduced
- Requires disclosure of information that a reasonable patient would consider important in making in an informed decision
What does a properly executed informed consent contain?
Slide 54-55
When can a patient not be authorized to consent?
- Intoxication
- Illness
- Injury
What must a provider do for implied consent?
- Make sure that the situation is a true emergency
- Good faith attempt must be made to contact family or guardian
What is employment at will?
- CRNA and hospital/MD group agree on wages, vacation, insurance, etc.
- No formal contract
- Constitutes an employment at will agreement
- Either party may terminate at anytime for any reason
What is true with termination and employment at will ?
Traditional employee was uniformly unsuccessful when challenging a termination
What is the exception to employment at will?
North Carolina CRNA terminated for refusing to minimize her testimony in a
medical malpractice case
What is true about employment contracts?
Contract of employer supersedes presumption of employment at will
What is the CRNA contract?
- Wages
- Hours
- OT
- Insurance
- Leave policy
- Length of employment -Procedure for termination
What is hallmark of claims made insurance?
Much less favorable for the CRNA
Define claims made insurance.
You must have coverage at the time of the claim
What does the insurance company get with claims made?
Insurance company gets to collect several years of premium before the incident
What does claims made encourage the CRNA?
Encourages CRNA to stay with one company for a long period of time
What is an example of claims made insurance?
- Purchase policy in 2010 for -Saturday office procedures
- Cease office practice in 2011
- Policy lapses Dec 31, 2011
- Incident: Family files claim 2012
- You ARE NOT covered!
What is tail?
Tail coverage provides insurance benefits in the future for events that may have occurred after you cancel your ‘claims made’ policy.
Strongly recommend ______ coverage
‘tail”
What is the moral with tail coverage?
Pay it
What is coverage limits reported?
• XXX/XXX •
$100,000/$300,000 • 1 million/3 million
What does the first number is coverage limits report?
The first number is available for any one event in the policy year
What does the second
number is coverage limits report?
The second number is available for any number of events during the year.
What is the coverage for liability insurance used for?
Not exhausted by attorney fees, deposition fees, or expert testimony fees
What is the most important thing to do if you are being sued?
Stop talking
Who should you stop talking to?
- The patient, only via attorney
- Friends of the patient and family
- Your friends
- Other patients
- Plaintiff’s attorney
- Coworkers
- Co-defendants
- Everyone
What should use caution with when being sued?
Avoid the bait of pretrial conferences
Who should you talk to if being sued?
- Your own lawyer
* Hospital administrators because of joint liability leading to blaming each other
Review steps if you are sued.
- Call your carrier
- Gather detailed documentation upon first suspicion
- Document method served,
- Who, when, where, description of server
- Do not alter any records
- Gather all pertinent records regarding the case
- Make notes recording all events recalled about the case -Cooperate fully with the attorney provided by the insurer
