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21 Cards in this Set

  • Front
  • Back

Name and briefly define the four Cs of medical malpractice prevention

Caring: care about patients and colleagues


Communication: communicate clearly and accurately
Competence: know your limitations, update credentials, confer with other professionals, stay informed


Charting: documentation is proof, chart clearly and accurately

Briefly describe how practicing effective communication skills can help prevent a medical malpractice lawsuit

misunderstanding and misinformation often lead to lawsuits. If you communicate clearly and accurately and get confirmation from patients that they understand, this can help prevent lawsuits

If a patient refuses treatment, what legal options remain for the health care practitioner in charge

a patient cannot be forced to accept treatment, evaluation, or testing but his decision to decline should be documented in his patient record. Ideally, his refusal should be obtained in writing, but should definitely be noted in his record.

Name five reasons often cited for the suing of health care practitioners by patients and their families

to prevent injury from happening to anyone else, to receive an explanation, to get admission of negligence, i was angry, to punish the doctor

What is the difference between an affirmative defense and a technical defense?

affirmative defense allows the accused to present factual evidence that the patient's condition was caused by some factor other than the physicians negligence
technical defense hinges on legal technicalities, rather than on factual evidence

One in which the defendant claims innocence

denial

One in which the accused is allowed to present factual evidence that the physician's negligence did not cause the patient's condition

affirmative defense

One in which the defendant claims that the patient contributed to his or her own injury

contributory negligence

One in which informed consent is vital factor

assumption of risk

One that hinges on legal technicalities rather than factual evidence

technical defense

If a medical malpractice claim is dismissed due to a state's statute of limitation, does this imply that the defendant health care practitioner is exonerated? explain your answer

No, the health care practitioner is not exonerated. The length of time during which a suit could legally be filed has passed

Risk management has become a necessary health care practice component because

liability is a major factor in health care delivery

Methods used to manage risk are part of

quality improvement or quality assurance

Which of the following activities help health care providers avoid litigation?

medical record charting

Which of the following is not a duty of a medical practice's quality improvement and risk manager?

scheduling patient appointments

Credentialing consists of

verifying health care providers credentials before hiring

If a health care practitioner covered by medical malpractice insurance receives notice of a lawsuit, he or she should first notify

insurance company

Claims-made insurance pays for

claims made during the specified time period the policy is in effect

Occurrence insurance pays for

claims arising from an incident that occurred or alleged to have occurred while the policy was in force, regardless of when the claim was made

Name two types of insurance that, in certain circumstances, extend coverage of claims-made insurance

tail coverage and prior acts coverage

Explain how physicians might insure themselves

a physician can contribute to a fund, managed by an insurance company that is used to pay medical malpractice judgements, if any.