Malpractice Flashcards
Why will audiologists likely face increased risk of legal claims against them in the future?
The increasing scope of practice
Increase in the number of individuals who receive services
Expanding scope of practice and responsibilities
Enhanced professional autonomy
Does the doctor title put a target on our backs?
Yes
As more patients, their friends, and malpractice lawyers become aware of DOCTORS of Audiology, they will see a potential malpractice target if they believe they’ve received a poor standard of care
What is the current legal theory of medical malpractice?
As many people as possible will be named in the suit
If you are in the suite, you’re probably going to be sued
Does a lawsuit carry a high financial and emotional price?
Yes
Even if successfully defended
What are the two most important factors influencing a practitioners ability to reduce exposure to liability?
Awareness and education
What was the last information regarding this given?
1993
The claims were relatively few in number between 1982 and 1993
The number of claims were relatively constant
What are the types of claims recorded in 1993?
Improper procedure treatment
Hearing aids
Employment conflict
Physical injury to the ear/hearing
Physical injury to other parts of the body
Improper diagnosis
Injuries due to falls
Client death
Sexual harassment
Property damage
Failure to provide sufficient information
Interoperative monitoring
False guarantee of results
Other
What is the most common setting where claims are originated?
Office
What is the best way to avoid a malpractice suit?
Effective communication with patients
A well established informed consent process and good communication skills serve as good risk management
What categories do most claims against audiologist fall into?
Patient care risk
Employment risk
Property risk
Is each health provider responsible for his or her own negligent acts?
While in most cases you are covered under your employer’s policy, you may still be liable for your own negligence and may still be liable for all or part of a plaintiff’s award or settlement
What is medical malpractice?
Negligence
Which means that a health care provider did not measure up to the standard of care expected of reputable and careful health care providers under similar circumstances
If the malpractice caused harm, a lawsuit or claim may be filed to recover damages for the harm that was suffered
What is the duty of reasonable care?
Should be done anytime a healthcare professional treats a patients
The level of care that is reasonable is defined by the standard of performance set by other practitioners in the field
Comes into play when you accept someone as a patient
What is standard of care?
Professional liability presupposes the existence of an accepted standard of care when the practitioner possesses the degree of education, credentials, and skills ordinarily possessed by practitioners in that professional field
Although level of care need not be extraordinary, it must be reasonable and diligent and must reflect the practitioner’s maintenance of current knowledge in the professional area of practice
What is tort?
A civil wrong committed by one person (defendant) against another (plaintiff)
What two theories are generally pursued when bringing action against a healthcare provider?
Action in tort
Action in contract
What is action in tort?
Professional liability (commonly called “malpractice”) stems primarily from actions in tort, which are private legal actions in which one person, the plaintiff, seeks a remedy (usually monetary) for damages to health, physical integrity, property, peace of mind, or reputation caused by another person, the defendant
What are the two types of torts?
Intentional torts
Torts of negligence
What are intentional torts?
Ones where the defendant desires to bring about a particular result
What are torts of negligence?
The defendant has not intended to bring about a certain result, but has merely behaved carelessly
There are no individually-named negligence torts, merely the general concept of “negligence”
What is the most likely civil litigation to be brought against an SLP or audiologist?
Unintentional tort of negligence
What 4 elements must be present for a cause of action of negligence to be pursued?
A legal duty must exist between the practitioner and the plaintiff
A breach of legal duty must exist
A proximate cause (i.e., cause and effect relationship) must exist between the breach of duty and the injury
An actual loss or damage must result from the injury
What does an audiologists duty arise from?
The patient-provider relationship
This relationship exists when a audiologist has agreed to treat a patient Note: no money need be exchanged for this to happen
Has a defendant who does not comply with the standard of care breached the duty owed to the plaintiff?
Yes
How is standard of care determined?
Testimony of other audiologists, known as expert witnesses, concerning what a reasonable and prudent clinician would do in the defendant’s circumstances
Whether the audiologist violated any laws or regulations
Whether the audiologist followed any clinical practice guidelines or protocols
Whether the audiologist violated any clinic or other internal policies
Does a patient need to prove causation?
Yes
A patient seeking damages from an audiologist must prove that the clinician’s breach of duty caused the patient to suffer an injury
In legal terms, the patient must prove that the clinician’s error was the proximate cause of the injury
What is some conduct that may lead to liability?
Failure to properly diagnose
Failure to refer
Exceeding the scope of practice
Negligent monitoring
Failure to properly warn or instruct
Failure to obtain informed consent
Failure to follow-up
Is another form of civil litigation related to representation and promises?
Yes
Failure to fulfill promises and other obligations may result in litigation under contract law
Practitioners must never state or imply a guarantee of results of treatment, even though they may become involved with guarantees of dispensed products
As audiologists continue to increase their role in the acquisition, distribution, and utilization of assistive devices and diagnostic and therapeutic tools, do they also need to increase their potential for litigation?
Yes
In the event of product misuse or failure
Practitioners may be party to a product liability suit if they can in any way be connected with a defective device
How do you avoid malpractice suits?
Know and understand state law (scope of practice)
Know and understand hospital and institution policies
Communication with patient
Ongoing risk management (is everyone trained, do we know the up-to-date information on billing, etc.)
*Above all, document
