Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

2-General Principles Exam 3 > Lawsuit > Flashcards

Lawsuit Flashcards

1
Q

_________ files a lawsuit

A

Patient’s (plaintiff) attorney

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What should the anesthesia provider do if a lawsuit is filed?

A

Anesthesia provider is served with the ‘complaint’ and a summons
requiring an ‘answer’ to the complaint. This is required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Who should be notified immediately?

A

Insurance carrier must be notified immediately after the receipt of the
complaint

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What information does an insurance carrier need?

A
  • Who served you
  • What time, date, location, etc.
  • Time limit for the response
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the characteristics of pleadings?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Define pleading.

A

Defendant attorney responds by submitting an answer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

_________ attorney prepares a response to the

allegations

A

Defense (anesthesia provider)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What does the response depend on?

A

Relies on the candid and open discussion of the anesthesia provider in
responding to the complaint

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are parts of the discover when the law suit is filed?

A

-Pretrial discovery
-Deposition
information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the characteristic of a desposition?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the mannerism at a deposition?

A

Not INFORMAL, do NOT be overly friendly!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are the components of a trial?

A
  • Follow protocol
  • Rules of decorum
  • Violation of court rules challenges judge’s authority
  • No outbursts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are considered to be outbursts?

A
  • Grunts
  • Groans
  • Rolling of eyes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

While on the stand these are important to do?

A
  • Answer truthfully
  • Never hesitate to say “I don’t recall or I have no recollection”
  • DO NOT GUESS!
  • Avoid inconsistent testimony
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the healthcare providers 5 duties of a patient?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the beginning of informed consent?

A

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”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What happened in 1957 regarding informed consent?

A

Salgo v. Trustees of Leland Stanford Hospital

-Physician required to explain risks, benefits and alternatives of a proposed procedure to a patient

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What happened in 1960 regarding informed consent?

A

Nathanson v. Kline

-Further specified what information should be disclosed to a patient and introduced the ‘Professional Practice Standard’

19
Q

What happened in 1972 regarding informed consent?

A

Canterbury v. Spence

  • ‘Reasonable Person Standard’ introduced
  • Requires disclosure of information that a reasonable patient would consider important in making in an informed decision
20
Q

What does a properly executed informed consent contain?

A

Slide 54-55

21
Q

When can a patient not be authorized to consent?

A
  • Intoxication
  • Illness
  • Injury
22
Q

What must a provider do for implied consent?

A
  • Make sure that the situation is a true emergency

- Good faith attempt must be made to contact family or guardian

23
Q

What is employment at will?

A
  • 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
24
Q

What is true with termination and employment at will ?

A

Traditional employee was uniformly unsuccessful when challenging a termination

25
Q

What is the exception to employment at will?

A

North Carolina CRNA terminated for refusing to minimize her testimony in a
medical malpractice case

26
Q

What is true about employment contracts?

A

Contract of employer supersedes presumption of employment at will

27
Q

What is the CRNA contract?

A
  • Wages
  • Hours
  • OT
  • Insurance
  • Leave policy
  • Length of employment -Procedure for termination
28
Q

What is hallmark of claims made insurance?

A

Much less favorable for the CRNA

29
Q

Define claims made insurance.

A

You must have coverage at the time of the claim

30
Q

What does the insurance company get with claims made?

A

Insurance company gets to collect several years of premium before the incident

31
Q

What does claims made encourage the CRNA?

A

Encourages CRNA to stay with one company for a long period of time

32
Q

What is an example of claims made insurance?

A
  • 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!
33
Q

What is tail?

A

Tail coverage provides insurance benefits in the future for events that may have occurred after you cancel your ‘claims made’ policy.

34
Q

Strongly recommend ______ coverage

A

‘tail”

35
Q

What is the moral with tail coverage?

A

Pay it

36
Q

What is coverage limits reported?

A

• XXX/XXX •

$100,000/$300,000 • 1 million/3 million

37
Q

What does the first number is coverage limits report?

A

The first number is available for any one event in the policy year

38
Q

What does the second

number is coverage limits report?

A

The second number is available for any number of events during the year.

39
Q

What is the coverage for liability insurance used for?

A

Not exhausted by attorney fees, deposition fees, or expert testimony fees

40
Q

What is the most important thing to do if you are being sued?

A

Stop talking

41
Q

Who should you stop talking to?

A
  • The patient, only via attorney
  • Friends of the patient and family
  • Your friends
  • Other patients
  • Plaintiff’s attorney
  • Coworkers
  • Co-defendants
  • Everyone
42
Q

What should use caution with when being sued?

A

Avoid the bait of pretrial conferences

43
Q

Who should you talk to if being sued?

A
  • Your own lawyer

* Hospital administrators because of joint liability leading to blaming each other

44
Q

Review steps if you are sued.

A
  • 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

2-General Principles Exam 3 (11 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions