Chapter 6 Defenses to Liability Suits Flashcards Preview

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Flashcards in Chapter 6 Defenses to Liability Suits Deck (24)
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The four Cs of Medical malpractice prevention

- caring
- communication
- competence
- charting


7 reasons for medical malpractice suites

- misdiagnoses
- birth injury
- wrong diagnosis
- delay in diagnosis
- medication errors
- negligent procedures
- failure to obtain informed consent


Ways to prevent lawsuits

- explanation
- correction of mistake
- financial compensation
- correct treatment
- admission
- want to be heard
- action against the medical personnel involved
- honesty
- investigation



- referrals
- missed appointment
- dismissals
- treatment refusals
- all other patient contact


Different types of defenses

- denial
- affirmative
- contributory negligence
- conpartive negligence
- assumption of risk
- emergency



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


affirmative defenses

defenses used by defendants in medical professional liability suits that allow 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.


assumption of risk

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



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 technicians


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.


Rus Judicata

The thing has been decided. Legal principle that a claim cannot be retried between the same parties if it had 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 taking of steps to minimize danger, hazard and liability


Quality Improvement

a program of 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 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 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


Prior acts insurance coverage

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


comparative negligence

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


Different types of extended coverage insurance

- tail coverage
- prior acts insurance coverage
- self-insurance coverage


technical defenses

Defenses used in a lawsuit that are based on legal technicalities.