Module 5 - Screening Medical Cases

Question 1

Screening

Answer 1

Assessing whether a case is meritorious or defensible and determining whether all four legal elements are satisfied.

Question 2

Importance of Screening

Answer 2

Keeps nonmeritorious cases out of the legal system.
Promotes faster settlements.
Cost-effective.
Promotes CLNC.

Question 3

Four Legal Elements of Medical Cases

Answer 3

Duty
Breach of Duty
Damages
Causation

Question 4

Seven Items CLNC Needs to Screen Medical Case

Answer 4

Medical records of incident that is the basis of the suit.
Past medical records.
Subsequent treating records.
Other tangible items. (Video/pictures from family.)
Medical Bills
Plaintiff narrative.
Interview with plaintiffs, defendants witnesses.

Question 5

Vicarious Liability

Answer 5

A healthcare facility can be liable for the actions of another.

Question 6

Respondeat Superior

Answer 6

The employer is liable for the negligent acts and omissions of its employees.

Question 7

Ostensible Agency

Answer 7

The employer is liable for the negligence of its agent who is otherwise an independent contractor and/or the patient did not have the ability to choose the provider.
Example: ER physician, radiologist.

Question 8

Direct Corporate Liability

Answer 8

The corporation is directly responsible for its own actions.

Examples: Staffing, providing training.

Question 9

11 Principles of Screening

Answer 9

Use the framework.
Establish conflict of interest.
Statue of limitations date.
Consider economic implications to attorney.
Stay detached.
Objective opinion.
Work quickly (

Question 10

Plaintiff Alert Situations

Answer 10

Catastrophic injury.
Sentinel/reportable event.
Hospital-acquired condition.
Healthcare provider told patient to seek attorney.
Healthcare workers fought in front of patient.
Abandonment (didn't return pages).
Healthcare worker impairment.
No documentation of event.
Discrepancies/inconsistencies.
Significant med error.
Accident resulted in death/injury.
Equipment failure.
Failure of RN to notify physician of change in condition or go up chain of command.

Question 11

Defensible Cases

Answer 11

No autopsy or COD not related to incident.
Poor prognosis unrelated to incident.
No definitive diagnosis.
No/minimal injury.
Low life/earning expectancy.
Statue has expired.
Pre-existing condition.

Question 12

Reasons Plaintiff Attorneys Reject Cases

Answer 12

Defensible cases.
Statue about to expire.
Conflict of interest.
Limited damages
Outside area of interest
Conservative venue/jurisdiction.
Other attorneys involved.
Unappealing plaintiff.
Insurance coverage is not enough.

Question 13

Screening a medical-related case is defined as analyzing a case to determine whether:

a. There was negligence.
b. All four legal elements of a negligence theory are satisfied.
c. There was an incident.
d. There was a duty.

Answer 13

b.

Question 14

Screening medical-related cases as a CLNC is important because you can:

a. Help keep nonmeritorious cases out of the system.
b. Help insurance companies take longer to settle.
c. Charge law firs more money.
d. Fight the managed care system.

Answer 14

a.

Question 15

A defendant can successfully defend a medical malpractice case if the plaintiff fails to prove:
a. Any one of the required legal elements of a negligence theory.

Answer 15

a.

Question 16

Factors that impact the initial screening opinion are:

a. Insurance exclusions.
b. Easements.
c. Plaintiffs, defendants, attorneys, jurisdiction.
d. Whether the defendant has insurance.

Answer 16

c.

Question 17

Under the doctrine of resondeat superior, the hospital is responsible for the acts of:

a. All employees.
b. Nurses.
c. Administrators.
d. Physicians.

Answer 17

a.

Question 18

Knowledge of a recurring problem in a hospital:

a. Is irrelevant to your initial screening opinion.
b. Can only be used informally in your screening process.
c. Is relevant to your initial screening opinion.
d. Is always a conflict of interest.

Answer 18

c.

Question 19

The following situation is MOST defensible:

a. Medication error resulting in death.
b. Anesthetic mishap resulting in neuro deficits.
c. Equipment failure resulting in brain damage.
d. Minor injury from chiropractic adjustment.

Answer 19

d.