Malpractice

Question 1

what is malpractice?

Answer 1

professional misconduct, improper discharge of professional duties. Or failure to meet the standard of care of a profession that results in harm to another.

It is the negligence or carelessness of a professional person.

Question 2

what is negligence?

Answer 2

omission or commission of an act that a REASONABLE PRUDENT PERSON would or would not perform under given circumstances.

It is a form of heedlessness or carelessness that constitutes a departure from the standard of care generally imposed on members of society

Question 3

what is commission?

Answer 3

doing something that an ordinary, reasonable, prudent person under like circumstances would not normally have done.

Question 4

what does commission usually result from?

Answer 4

Typically results from inattention to detail and/or carelessness.

Can also result from lack of knowledge, over confidence, or intentional risk-taking.

Question 5

what is omission?

Answer 5

Failing to do something that the ordinary, reasonable person would have done under the same or similar circumstances

Question 6

what are 2 forms of negligence?

Answer 6

1- ordinary

2- professional

Question 7

what is ordinary negligence?

Answer 7

negligence occurring outside of the realm of the health care professional service delivery

Question 8

what is professional negligence?

Answer 8

related to the duty of providing health care professional service delivery

Question 9

what is vicarious liability?

Answer 9

employers are vicariously liable for the conduct of employees who act within the foreseeable scope of their employment responsibilities. (volunteers, students)

Not liable for unforeseen conduct

Question 10

what is corporate liability?

Answer 10

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

• monitoring the quality of services provided
• maintaining safe premises in the facility
• screening, hiring, credentialing of staff
• establishing effective risk management programs

Question 11

what is strict product liability?

Answer 11

dangerously defective products that cause injury and damage

products must be used in a normal and foreseeable manner

manufacturing defect, design defect, failure to warn

lack of calibration, improper usage, etc… does not exempt clinician or user

Question 12

who is the plaintiff?

Answer 12

party who brings a civil suit seeking damages or other legal relief

plaintiffs can bring a suit based upon “anything”

responsibility of lawyers and judges to determine the merits of the suit

can occur at any time within the statute of limitations

Question 13

who is the defendant?

Answer 13

the party against whom the suit is brought, demanding that he/she and/or pay the other party legal relief

anyone can be named as a defendant

counsel is highly recommended for representation to navigate the legal system

costs are always associated with defense

Question 14

what is civil liability?

Answer 14

Burden of proof:

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

Question 15

what is covered with professional liability?

Answer 15

Up to $1,000,000 each claim professional liability coverage
Up to $3,000,000 aggregate professional liability coverage
Occurrence-based Coverage***
Pays your defense costs
Deposition Representation
Defendant expense Benefit
License Protection***
24 hour coverage***

Question 16

what is professional liability insurance?

Answer 16

everyone is encouraged to purchase if practicing health care

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

having your own policy adds additional input and advice from legal counsel regarding strategies, tactics and course of action

Question 17

what are 2 professional liability insurance options?

Answer 17

1- claims-made

2- occurrence

Question 18

what is claims-made coverage?

Answer 18

protect the insured from liability for covered events even if a claim and lawsuit are presented after coverage lapses, so long as the coverage was in effect at the time of the incident giving rise to the claim and lawsuit

claims-made coverage was introduced as an alternative form of coverage. Under a claims-made policy, coverage is provided for claims made against the policyholder and reported to the insurance company while the policy remains in force and during any applicable extended reporting period.

Under a claims-made policy, as long as the policyholder has maintained continuous coverage, the company underwriting the policy at the time the incident is reported would be responsible for paying any covered claims. This incident occurred if the policyholder moved to a new insurer.

In the first few years, each time a claims-made policy is renewed, the premium increases automatically to take into account the likelihood of claims being reported from the current and previous policy periods. Generally, claims-made coverage is offered on an annual basis.

Question 19

what is occurrence coverage?

Answer 19

provides protection only if a policyholder maintains his professional liability insurance coverage until a claim and lawsuit ensue

provides coverage for an injury or damage that takes place during the policy period, regardless of when the claim is reported. Thus, an occurrence policy provides long-term protection for any covered claim that may arise at any time in the future- up to the limits of the policy in force at the time of the incident that led to the claim.

Under an occurrence policy, the company underwriting the policy at the time of the incident would be responsible for paying any covered claims.

Question 20

what are 2 optional coverage options?

Answer 20

1- extended reporting period endorsement

2- prior acts coverage

Question 21

what is extended reporting period endorsement?

Answer 21

allows you to report a claim to your prior insurance company after the policy has ended. It provides protection for covered claims that arise out of incidents that occurred during the policy period, up to the date that policy ended.

You must pay an additional premium for Extended Reporting Period coverage-possibly as much as 2 or more times your current year’s premium. Some insurance companies offer this endorsement at no charge- if certain special policy conditions are met by the policyholder.

Question 22

what is Prior Acts coverage?

Answer 22

Many insurance companies- and those plans offered through HPSO- offer this option to protect insurers who had claims-made coverage immediately prior to the current policy period, but with a different insurance company- and who did not purchase an Extended Reporting Period Endorsement from that company when the policy ended.

Prior Acts Coverage protects against claims arising out of incidents that happened before the inception or effective date of a new policy. Some companies may charge an additional premium for this coverage

Question 23

I am being sued! Now what?

Answer 23

Don’t tell anyone!

Don’t panic

Contact the appropriate parties (lawyer, supervisor, etc.)

Don’t try to jog your memory and stress over it

don’t modify, alter or change any documents

don’t call others to influence facts or memory

don’t let the lawsuit impact your current practice ability

Question 24

what is deposition?

Answer 24

?

Question 25

what are keys to risk management?

Answer 25

purchase appropriate liability insurance

document in timely and detailed manner

establish excellent interpersonal relationships

know your scope of practice limitations

know your liability coverage

know your employer!