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20 terms

HCI Ch.5 Defense to Liability Suits

STUDY
PLAY
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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