HCI Ch.5 Defense to Liability Suits

20 terms by ashleyloomy 

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the 4 Cs of Malpractice Prevention

Caring, Communication, Competence, Charting

Reasons patients sue

Unrealistic expectations, poor rapport, greed, litigious society, poor quality of care, poor outcome,

Important things to Document

Referrals, missed appointments, dismissals, treatment refusals, and all other patient contact

Denial Defence

claims innocence of the charges or that one of the four Ds of negligence are lacking

Affirmative Defences

Used in medical field, allows the accused to present factual evidence that the patients condition was caused by some factor other than the defendants negligence

Contributory Negligence

An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury

Comparative Negligence

an affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree

Assumption of risk

defense against negligence that is raised when the plaintiff knew of the risk involved and still took the chance of being injured

Emergency

a type of affirmative defense in which the person who comes to the aid of a victim in an emergency is not held liable under certain circumstances

Technical Defenses

defenses used in a lawsuit that are based on legal technicalities

Release of Tortfeasor

a technical defense that prohibits a lawsuit against the person who caused an injury (the tortfeasor) if he or she was expressly released from further liability in the settlement of a suit

res judicata

"The thing has been decided." A claim cannot be retried between the same parties if it has already been legally resolved.

statute of limitations

That period of time established by state law during which a lawsuit may be filed

risk management

The practice of considering the risk of actions taken and taking steps to minimize the risk associated with them

quality improvement

Measures taken by health care providers and practitioners to uphold the quality of patient care

liability insurance

Contract coverage for potential damages incurred as a result of a negligent act

claims-made insurance

a type of liability insurance that covers the insured only for those claims made (not for any injury occurring) while the policy is in force

occurrence insurance

a type of liability insurance that covers the insured for any claims arising from an incident that occurred, or is alleged to have occurred, during the time the policy is in force, regardless of when the claim is made.

tail coverage

an option available for insurace coverage for health care practioners when a claims-made policy is discontinued it extends coverage for those dates that claims-made coverage was in effect

prior acts insurance coverage

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