3) Podiatric Malpractice

Question 1

Duty

Answer 1

• Patient/Podiatrist Relationship

Question 2

Standard of Care

Answer 2

• That level of skill and care acceptable to a reasonably prudent practitioner under the same or similar circumstances

Question 3

Causation

Answer 3

• Idiopathic or failure to diagnose /properly treat? Was patient compliant (if not, comparative negligence?)

Question 4

Physician/Patient relationship

Answer 4

• Generally, the patient/physician relationship arises under the theory of implied contracts wherein the patient seeks, and the physician agrees to render medical care
• Under the patient/physician relationship, once established, the provider is obligated to render care until it is no longer needed or until the relationship is otherwise properly terminated

Question 5

Termination of Patient/Physician Relationship

Answer 5

• By the patient;

- By the provider after: Notice, Sufficient time for the patient to secure substitute care

Question 6

Although Relationship is based in contract, abandonment is generally recognized as

Answer 6

• A tort in that it is a breach of duty

Question 7

A healthcare provider is generally to accept or refuse patients

Answer 7

• Without limitation provided there is no illegal discrimination, implied contractual relationship or state imposed duty
• Implied contracts or imposed duty can include third party payer contracts or in some states, “on-call” E.R. physicians.

Question 8

Tort reform

Answer 8

• Mandatory Mediation
• Arbitration
• Limitation of Liability
• No-fault
• Pre-suit screening, etc.

Question 9

Informed consent

Answer 9

• Arises out of the common law doctrines of Assault and of Battery
• Actually two different torts; can have one without the other

Question 10

An assault is

Answer 10

• Deliberate threat

- The apparent present ability to do physical harm to another

Question 11

Battery

Answer 11

• An intentional touching of another person in a socially impermissible manner or without that person’s consent

Question 12

Patient Self Determination Act of 1990

Answer 12

• Provides each individual a right under federal law to make decisions concerning medical care, including right to accept or refuse medical or surgical treatment
• A patient has the right to know the potential risks, benefits, and alternatives of a proposed medical treatment or procedure. Does not only apply to surgical or invasive procedures, can be the prescription of a medication, etc

Question 13

Consent must be informed

Answer 13

• Information that would ordinarily be provided to a patient under like circumstances by similar healthcare providers engaged in a similar practice in the locality or similar locality. (Note: locality rule being diluted)
• Consent can be voiced, written, or even implied

Question 14

Duty to obtain informed consents falls primarily on

Answer 14

• The physician
• Standard is that of an ordinarily reasonable practitioner with due regard to the language and mental capabilities of the patient
• Risks v. benefits include chances of favorable outcome, complications, limitations and alternative treatments

Question 15

Florida Law provides (consent)

Answer 15

• Even if informed consent was not obtained, there is no liability if the patient would reasonably, under all the surrounding circumstances, have undergone such treatment anyway
• A signed written consent creates a presumption that it was properly obtained consent