chapter 6

Question 0

affirmative defenses

Answer 0

defenses used by defendants in medical professional liability suits that allow the accused to present factual evidence that the patient’s condition was caused by some factor other than the defendant’s negligence

Question 1

denial

Answer 1

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

Question 2

contributory negligence

Answer 2

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

Question 3

comparative negligence

Answer 3

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

Question 4

assumption of risk

Answer 4

a legal defense that holds that the defendant is not guilty of a negligent act because the plaintiff knew of and accepted beforehand any risks involved

Question 5

emergency

Answer 5

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

Question 6

technical defenses

Answer 6

defenses used in a lawsuit that are based on legal technicalities

Question 7

release of tortfeasor

Answer 7

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

Question 8

res judicata

Answer 8

“the thing has been decided.” legal principle that a claim cannot be retired between the same parties if it has already been legally resolved

Question 9

statute of limitations

Answer 9

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

Question 10

risk management

Answer 10

the taking of steps to minimize danger, hazard, and liability

Question 11

quality improvement (QI) or quality assurance

Answer 11

a program of measures taken by health care practitioners to uphold the quality of patient care

Question 12

liability insurance

Answer 12

contract coverage for potential damages incurred as a result of a negligence act

Question 13

claims- made insurance

Answer 13

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

Question 14

occurrence insurance

Answer 14

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

Question 15

tail insurance

Answer 15

an insurance coverage option available for health care practitioners: when a claims- made policy is discontinued, it extends coverage for malpractice claims alleged to have occurred during those dates that claims- made coverage was in effect

Question 16

prior acts insurance coverage

Answer 16

a supplement to a claims- made insurance policy that can be purchased from a new carrier when health care practitioners change carriers

Question 17

self- insurance coverage

Answer 17

an insurance coverage option whereby insured subscribers contribute to a trust fund to be used in paying potential damage awards