Legal

Question 1

Malpractice

Answer 1

• professional misconduct, or improper discharge of professional duties. or failureto meet the standard of care of a profession that results in harm to another
• negligence or carelessness of a professional person

Question 2

Negligence

Answer 2

• omission or commission of an act that a reasonable prudent person would or would not perform under given circumstances
• form of heedlessness or carelessness that constitutes a departure from the standard of care generally imposed on members of society

Question 3

Commission

Answer 3

• doing something that an ordinary prudent person would not have done under the circumstances
• usu. from inattention to detail and/or carelessness
• also from lack of knowledge, over-confidence, intentional risk-taking

Question 4

Omission

Answer 4

fail to do something reasonable person would have done

Question 5

Negligence - ordinary

Answer 5

occurs outside the realm of health care service delivery

Question 6

Negligence - professional

Answer 6

related to the duty of providing health care

Question 7

Vicarious Liability

Answer 7

• employers are vicariously liable for the conduct of employees who act within the forseeable scope of their employment responsibilities
• not liable for unforseen conduct

Question 8

Corporate Liability

Answer 8

negligence of a business entity to fulfill their oversight and management duties to others

Question 9

Strict Product Liability

Answer 9

• defective products that cause injury and damage
• product must be used in normal/forseeable manner
• manufacturing defect, design defect, failure to warn
• NOT exempt for lack of calibration, improper use

Question 10

Plaintiff

Answer 10

• party who brings civil suit seeking damages or other legal relief
• can sue based on anything
• responsibility of lawyers and judges to determine the merits of the suit
• can occur at any time within the statute of limitations

Question 11

Defendant

Answer 11

• party against whom the suit is brought
• anyone can be named defendent
• counsel highly recommended
• costs always associated

Question 12

Civil Liabilty

Answer 12

burden of proof

Question 13

Burden of Proof

Answer 13

• must have a legal duty of care to the plaintiff (duty owned)
• must have breached, violated or failed to comply with legal duty of care (duty violated)
• breach of duty must have caused injury/damage (causation)
• plaintiff must have sustained damages (compensable damages)

Question 14

Statutory Immunity

Answer 14

federal and selected state public health professionals are immune from lawsuits and liability for their official duties

Question 15

Claims-made insurance

Answer 15

-protects insured from liability for covered events even if claim/lawsuit occurs after coverage lapses

Question 16

Occurrence-based insurance

Answer 16

protection only if a policyholder maintains his ins. coverage until a claim/lawsuit ensue
*can purchase tail or prior act policy

Question 17

Extended Reporting Period Endorsement

Answer 17

allows you to report a claim to your prior insurance company after the policy has ended. Provides protection for covered claims that arised during policy period
-additional premium

Question 18

Prior Acts Coverage

Answer 18

• offered to protect insurers who had claims-made coverage immediately prior to the current policy period, but with different company - and didn’t purchase an Extended Reporting Period Endorsement when policy ended
• protects against claims arising out of incidents that happened before the inception of new policy. may be additional premium

Question 19

Keys to Risk Management

Answer 19

• purchase appropriate liability insurance
• document in timely and detailed manner
• establish excellent interpersonal relationshops
• know scope of practice limitations
• know liability coverage
• know your employer