Legalities

Question 1

Who can be named in a lawsuit?

Answer 1

Any Healthcare provider

Question 2

Quality of health care is assessed through ___________ of services rendered.

Answer 2

Outcome

Question 3

Causes for litigation happen when the family or patient feel that they were not provided with appropriate..

Answer 3

Diagnosis, treatment, results, risks of procedure.

Question 4

What is the borrowed servant rule?

Answer 4

The surgeon is responsible for acts of team members when he/she asks a team member to perform a task out of their scope of practice under the surgeons supervision.

Question 5

What is the doctrine of reasonable man?

Answer 5

The pt has a right to expect that a HCP will use judgement, knowledge and skill according to policy the same as other reasonable prudent professionals in the system would do in similar circumstances.

Question 6

What is the doctrine of Res Ipsa Loquitor?

Answer 6

Injury or event speaks for itself
E.g a retained foreign body
Defendant must prove a breach did not occur

Question 7

What three conditions must exist before the doctrine of Res Ipsa Loquitur can be applied?

Answer 7

Type of injury would not ordinarily occur without negligence.

Injury was caused by conduct or instrumentality within exclusive control of person being sued.

Injured person could not have contributed to negligence or voluntarily assume risk.

Question 8

What is the doctrine of respondent superior?

Answer 8

Employer and employee may be named in a suit but the employees name may be dropped if employee was following standards and procedure and acting within scope of practice.

Question 9

What is the doctrine of corporate negligence?

Answer 9

Facility failed to provide appropriate level of care. Making sure personnel are adequately trained for position held.

Question 10

What is an advanced directive?

Answer 10

Document that has pts wishes regarding health care and usually designates someone to make decisions if the pt cannot do so themselves.

Question 11

What is autonomy?

Answer 11

Self governance or independence

Question 12

What is causation?

Answer 12

Action directly or indirectly causing an injury.

Question 13

What are damages?

Answer 13

Compensation awarded for injuries

Question 14

What is liability?

Answer 14

Legally bound for personal actions that may adversely affect another person.

Question 15

What is accountability?

Answer 15

Answer to someone else for ones own actions

Question 16

What is assault?

Answer 16

Threatening physical harm to another.

Question 17

What is battery?

Answer 17

Causing bodily harm by touching without consent.

Question 18

What is negligence?

Answer 18

Careless performance of duties, nursing or medical, that results in injury to pt.

Question 19

What is malpractice?

Answer 19

Also known as professional misconduct. Unreasonable lack of skill or judgement, illegal/immoral conduct, or substandard care given that resulted in harm to a pt.

Question 20

How to reduce liability?

Answer 20

Be active in prof. organizations, continue to self educate, positive rapport with pts, comply with legal standards of accredited facility, document AIEs.

Question 21

What are the 4 D’s of malpractice?

Answer 21

Duty to deliver a standard of care directly proportional to degree of specialty training received.

Deviation of that duty by omission or commission

Damage to patient/property caused by deviation from standard of care

Direct cause of personal injury or damage because of deviation of duty

Question 22

What is the primary cause of professional liability claims?

Answer 22

An injury or other adverse outcome sustained by a patient as a result of a treatment.

Question 23

What are some examples of incidents?

Answer 23

Incorrect positioning resulting in paralysis of a limb
Friction burn from pulling pt across a stretcher
Bed sore from inadequate padding
Retained sponge
Wrong procedure done on pt
Wrong side done
Injury from a fall
Near miss (taking wrong patient into theatre