ma course > chapter 18 - medical malpractice > Flashcards

chapter 18 - medical malpractice Flashcards

(91 cards)

Study These Flashcards
1
Q

What is medical malpractice?

A

Medical malpractice occurs when a healthcare provider treats patients but fails to follow established medical standards, resulting in patient harm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What governs medical malpractice?

A

The law of torts governs medical malpractice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the medical standard of care?

A

The medical standard of care is the type and level of care that a reasonably competent healthcare professional in the same field would provide in a similar situation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Give an example of medical malpractice.

A

A provider performs surgery on the wrong leg.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What does negligence imply in a medical context?

A

Negligence implies inattention to one’s duty or a lack of necessary diligence or care, resulting in harm to a patient.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How is negligence determined in medical cases?

A

Negligence is determined by a judge or jury, often with the help of a panel of experts, based on the standard of prudent or reasonable care.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are the three types of professional negligence?

A

The three types of professional negligence are malfeasance, misfeasance, and nonfeasance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is malfeasance in the context of medical negligence?

A

Malfeasance is an illegal act or an act that is morally incorrect, such as performing unnecessary surgery for higher payment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is misfeasance?

A

Misfeasance is a legally correct act that is not performed properly, such as a surgeon leaving an instrument in a patient’s body.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does nonfeasance refer to?

A

Nonfeasance refers to the failure to perform an act that should have been performed, such as not performing a necessary nasal cauterization.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the Four D’s of Negligence?

A

The Four D’s of Negligence are duty, dereliction, direct cause, and damage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What must patients show to prove negligence?

A

Patients must show evidence of the Four D’s: duty, dereliction, direct cause, and damage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the difference between medical malpractice and medical negligence?

A

Medical malpractice is a specific type of negligence involving failure to meet medical standards, while negligence can refer to a broader lack of care.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What role does a medical assistant play in malpractice cases?

A

A medical assistant may perform acts that can lead to litigation, as they act as agents of the healthcare provider.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Why is it easier to prevent a medical malpractice lawsuit than to defend it?

A

Preventing a lawsuit involves adhering to established medical standards and protocols, while defending against a lawsuit can be complex and costly.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What can result from medical malpractice?

A

Medical malpractice can result in injury or harm to the patient and damage the relationship between the patient and healthcare provider.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is the significance of understanding legal issues for medical assistants?

A

Understanding legal issues helps medical assistants perform their duties responsibly and avoid actions that could lead to litigation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is the implication of negligence in medical practice?

A

Negligence indicates a lack of diligence or care that may or may not result in malpractice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the role of the American Medical Association (AMA) in negligence cases?

A

The AMA’s Committee on Medicolegal Problems outlines the elements necessary for proving negligence in medical practice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is the potential impact of medical malpractice on healthcare providers?

A

Medical malpractice can lead to legal proceedings, financial compensation claims, and damage to the provider’s reputation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How does a patient prove negligence in a medical malpractice case?

A

A patient must demonstrate the Four D’s: duty, dereliction, direct cause, and damage.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is the relationship between negligence and malpractice?

A

Negligence may or may not result in malpractice; malpractice is a specific instance of negligence in a medical context.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is the duty of a healthcare provider?

A

To provide the most accurate diagnosis and care to patients and educate them about potential problems.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is dereliction in the context of healthcare?

A

The failure of a provider to perform their duty, such as not conducting a thorough examination that leads to patient harm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
What must a patient prove to establish a direct cause in a negligence case?
That the provider was aware of potential risks but did not notify the patient, resulting in harm.
26
What can a patient claim after proving negligence?
Financial compensation for lost wages, medical expenses, and emotional distress.
27
What constitutes medical malpractice?
When a provider treats a patient in a way that does not meet the expected standard of care.
28
Define medical negligence.
The performance of an act that falls below the standard of behavior by law, or the failure to perform an act that a reasonable provider would perform.
29
What are the three types of medical negligence?
Malfeasance, misfeasance, and nonfeasance.
30
What are the four elements a patient must present to prove negligence?
Duty, dereliction, direct cause, and damage.
31
What is implied consent in healthcare?
Consent that is assumed from a patient's visit for treatment, sufficient for simple procedures with minimal risks.
32
What is expressed consent?
Consent obtained after asking the patient a question, which can be either written or oral.
33
What is informed consent?
Consent obtained prior to complex procedures, where the provider explains the treatment plan and potential risks.
34
What key information should be included in the discussion for informed consent?
Patient's diagnosis, nature and purpose of treatment, risks and benefits of proposed and alternative treatments, and risks of not undergoing treatment.
35
Who is capable of giving consent for medical procedures?
Mentally competent adults.
36
When is consent considered invalid?
If it involves unlawful actions, is given by an unauthorized person, or obtained through misrepresentation or fraud.
37
Under what condition can an adult child give consent for a parent's treatment?
When the parent has been declared incompetent.
38
What must be declared for a confused patient to have a guardian appointed for consent?
A court declaration of mental incompetence.
39
What type of care can be provided without a guardian's consent?
Emergency care or treatment.
40
Who can provide consent for a minor?
A parent, guardian, or guardian ad litem.
41
In what scenarios is consent not required for minors?
During life-threatening situations or when a court order intervenes due to parental refusal based on religious issues.
42
What is the consent status for minors diagnosed with sexually transmitted diseases?
They can give consent for treatment.
43
Does an emancipated minor need parental consent?
No, an emancipated minor does not need parental consent.
44
What is the healthcare provider's responsibility regarding patient information?
To safeguard the patient's information within the constraints of the law.
45
What must be reported regarding births and deaths?
Reporting of births and deaths is necessary, including stillbirths in some states.
46
What types of injuries require compliance reporting?
Gunshot wounds, knife injuries, poisonings, and deaths from accidental or suspicious causes.
47
What is required for sexually transmitted infections in terms of compliance reporting?
They must be reported in every state, and confirmed AIDS cases need to be reported by name or unique identifier.
48
What is the protocol for reporting child abuse?
Providers should report child abuse cases as soon as evidence is discovered.
49
What should a provider do if evidence of child abuse is uncertain?
File a report so the government can investigate, but ensure every report is legitimate.
50
Who can provide consent as a mentally competent adult?
A mentally competent adult, a parent or guardian of a minor, and a minor with a sexually transmitted infection.
51
What types of incidents require compliance reporting?
Births and deaths, wounds of violence, sexually transmitted infections, and child abuse.
52
What is the role of a medical assistant in medical liability lawsuits?
To prepare materials for court, schedule and participate in depositions, and be truthful in court.
53
What is the commonality of medical professional liability suits?
They are common, and every healthcare provider faces the possibility of a lawsuit.
54
What are the three types of medical liability lawsuits?
Interrogatories, depositions, and subpoenas.
55
What is an interrogatory in a medical liability lawsuit?
A list of questions from one party to the other that must be answered under oath before the trial.
56
What must a provider do when completing an interrogatory?
Answer within a specified time and under oath.
57
What is a deposition?
An oral testimony of a party or witness in a civil or criminal proceeding before the trial, requiring a court reporter and done under oath.
58
What happens to the transcribed deposition after it is completed?
The witness receives it for review and can request changes before it is recorded.
59
What is a subpoena?
A court-issued document requiring a person to appear at a specific time and place to testify as a witness.
60
What is a subpoena duces tecum?
A court order requiring the production of documents or records, such as patient records in a malpractice suit.
61
What are the general rules for the validity of a subpoena?
1. Verification of the state is critical; 2. Requires federal authorization to be valid in another state; 3. Can be executed anywhere in the same state by authorized officers; 4. Respondent has 21 days to reply; 5. A subpoena duces tecum must be filed 15 days prior to trial.
62
What is mediation in the context of alternative dispute resolution?
A process where a neutral third party, the mediator, helps parties discuss issues and reach a compromise.
63
What are the steps completed during mediation?
1. A subpoena to appear in court is issued; 2. Mediator meets the parties; 3. Mediator facilitates discussion; 4. Mediator helps reach a compromise; 5. Resolution is reached; 6. Parties sign a final settlement agreement.
64
What is arbitration?
An alternative dispute resolution where a third party hears evidence and makes a legally binding decision.
65
What is the role of the arbitrator in arbitration?
To hear the case and render a legally binding decision.
66
What are the steps completed during arbitration?
1. A subpoena to appear in court is served; 2. Parties meet a neutral third party; 3. Agreement on the arbitrator; 4. Neutral party hears evidence; 5. Neutral party renders a decision.
67
Why are mediation and arbitration considered plausible methods to solve litigation issues?
They help avoid lengthy and expensive court processes.
68
What is the main advantage of mediation for the parties involved?
It allows them to design and retain control throughout the process and reach their own agreement.
69
What is the significance of medical professional liability suits?
They occur frequently and involve significant legal processes.
70
How do mediation and arbitration differ from traditional litigation?
They are alternative dispute resolutions that aim to resolve issues outside of court.
71
What is the role of the mediator in mediation?
To facilitate discussion and help the parties reach a compromise.
72
What is the outcome of a successful mediation?
A final agreement signed by all parties.
73
What is a key characteristic of arbitration decisions?
They are legally binding.
74
What is the importance of the timeline for responding to a subpoena?
A person or entity has 21 days to respond to a subpoena.
75
What is the purpose of issuing a subpoena in legal proceedings?
To ensure the presence of a witness or the production of documents at a specified time.
76
What is mediation in the context of dispute resolution?
Mediation involves a neutral third party as a mediator who facilitates discussion between the two parties.
77
How does arbitration differ from mediation?
Arbitration involves a third party who hears evidence and makes decisions regarding the case.
78
What are the four elements required to prove negligence?
Duty, dereliction, direct cause, and damage.
79
What scenarios require compliance reporting by healthcare providers?
Births and deaths, wounds of violence, sexually transmitted infections, and child abuse.
80
What are the common types of medical professional liability suits?
Interrogatories, depositions, and subpoenas.
81
What role does a neutral third party play in mediation?
The neutral third party facilitates discussion between the two parties.
82
What is the purpose of arbitration in dispute resolution?
Arbitration allows a third party to hear evidence and make a decision regarding the case.
83
What is the significance of obtaining consent before medical treatment?
Patients must give consent for treatments or examinations prior to healthcare providers carrying out their services.
84
What is the difference between expressed consent and informed consent?
Expressed consent is obtained through direct questions, while informed consent is a written agreement for complex procedures.
85
What does misfeasance mean in medical practice?
Misfeasance is the improper performance of a lawful act that results in harm.
86
What is nonfeasance?
Nonfeasance refers to the failure to act when there is a duty to do so, resulting in harm.
87
Why is it important for healthcare providers to report certain scenarios?
Reporting helps safeguard patients and ensures compliance with legal and ethical standards.
88
What is the role of a guardian ad litem in providing consent?
A guardian ad litem can provide consent for a minor in legal matters.
89
What is the expected standard of care in medical practice?
The expected standard of care is the level of care that a reasonably competent provider would provide in similar circumstances.
90
What can be the outcome of medical professional liability suits?
Not all lawsuits lead to court; alternative dispute resolutions like mediation and arbitration can be used.
91
What is the impact of medical negligence on patients?
Medical negligence can lead to harm or injury to patients, necessitating legal recourse.
ma course
flashcards
Decks in class (44)
# Cards
Brainscape helps you reach your goals faster, through stronger study habits.
© 2026 Bold Learning Solutions. Terms and Conditions