11/14 licensure Flashcards
(46 cards)
malpractice increases in suits due to
- role of medical advances
- changing social conditions
- patient expectations
malpractice claims increasing?
yes
- likely due to increases in tech- like CBCT readings
highest claim in what specialty
prosth, endo, restorative, diagnosis
ortho least
lifecycle of a lawsuit
- doctor recieves complaint letter from patient or attorny that states doctor is being sued
- letter contains allegations that describe harm to the patient
- could be incident or complaint
- can incident be managed? - if complaint? – this letter from an attorny must be reported to a malpractice carrier
incident is
disgrunted patient
complaint is
from the patietns attorny
if recieve complaint?
this letter from an attorny must be reported to a malpractice carrier
contacting insurance can affect coverage?
Yes - if hear from you frequently – increased risk management?
increase cost of premiums? or may not want to insure you anymore
in general overtime – premium increases
contacting your malpractive carrier?
retrieve patient record - write down in own words what happened on a separate piece of paper and keep it separate from patient file – this is your work product – not part of patient’s treatment record
do not change anything in patient record
doctor should notify malpractice carrier (insurance company)
- any letter from an attorny representing a patient should be reported. claiims adminster will be assigned to you and perhaps an attorny
trial phase
after discovery
will occur
trial phase
after discovery
will occur in STATE CIVIL COURT SYSTEM
elements of a dental malpractice claim must be established by patient
forms?
DUTY - of care owed to patient
BREACH
HARM
CAUSATION
forms the basis of the legal claim
fair preponderance of the evidence?
part of level of proof to be established
- majority
burden of proof
vs beyond a reasonable doubt (BARD–which is true for other court systems )
statue of limitations
maximum time after an event that legal proceedings based on that event may be initiated
like foreign objects – left in bodies can last up to 10 years
statue of limitations
occrence vs discovery state
maximum time after an event that legal proceedings based on that event may be initiated
like foreign objects – left in bodies can last up to 10 years
in MA - basically 7 years from tx or when pt. knew or should have known
OCCURENCE – time to sue begins at time of dentistry whether patient is aware or not - so length of time starts
DISCOVERY – starts when pt. is aware or ‘should have been aware’ – MA is a disocvery state – 7 years)
statue of limitations
maximum time after an event that legal proceedings based on that event may be initiated
like foreign objects – left- can last up to 10 years
in MA - basically 7 years from tx or when pt. knew or should have known
how the juries learn the standard of care
legal process
- patient tesifies
- doctor testifies
- patient expert testifies
- doctor expert testifies
- doctor’s attorny sums up
- patients attorny sums up
negligence vs contract
legal complaint under contract is patient abandonment
time for contract - have less time that negligence tort
who qualifies as an expert
they can be cross examined
want them to
- know treatment in the geographic area
- educaitonal background
- prior writings
- prior depositions
- prior testifying
deposition do what?
ALWAYS TELL THE TRUTH
NEVER SAY NEVER
NEVER SAY ALWAYS
NATIONAL DATABASES ARE
NPDB AND HIPDB
- national practitioner data bank
- healthcare integrity and protection data bank
access to informatino in the NPDB and HIPDB is limited to those entities speified by law
if you receive a complaint, must?
complaint is from patients attorny – MUST report this to your malpractice carrier
premiums with professsional liability
increases over time
- your premiums go up with increase in care
phase after complaint
discovery
discovery / examination before trial (EBT)
