Medical Legal Issues Flashcards
Define Standard of Care
the caution and action that a reasonable provider in a similar circumstance would exercise in providing care to a pt
Define negligence
improper action that falls below the standard level of care and causes harm
Define fraud
willful wrongdoing
What does malpractice insurance cover?
Malpractice but not fraud
Four elements required to prove negligence in malpractice:
Duty: would another provider act similarly?
Breach of Duty: did provider fail to provide standard of care
Harm: did pt sustain physical/emotional damage
Causation: was inappropriate care the cause of injury?
What public law was passed by congress to reduce incompetent practitioners from freely moving from hospital to hospital or state to state?
The Health Care Quality Improvement Act (1986)
Can PAs be named in malpractice suits?
Yes
Top 5 examples of malpractice suits:
Diagnoses related Treatment related Medication related Surgery related Monitoring related
Common reasons PAs are sued:
Lack of Adequate Supervision Untimely Referral Failure to Dx Inadequate Examination Lack of Documentation Lack of Communication
When must you document discussing a patient with your supervising physician?
Always document it
Does the supervising physician have to be on site?
No, but must be reachable by phone and within 60 minutes.
Do you need to document if labs are routine or STAT?
YES!
Within Ohio, how long does the patient have from time of discovery to file a claim?
One year to file suit
What does “discovery” mean?
Time the injury is discovered
How long is the typical cut off for any claim regardless of discovery?
4 years
