Flashcards in Chapter 6 Defenses to Liability Suits Deck (24)
The four Cs of Medical malpractice prevention
7 reasons for medical malpractice suites
- birth injury
- wrong diagnosis
- delay in diagnosis
- medication errors
- negligent procedures
- failure to obtain informed consent
Ways to prevent lawsuits
- correction of mistake
- financial compensation
- correct treatment
- want to be heard
- action against the medical personnel involved
- missed appointment
- treatment refusals
- all other patient contact
Different types of defenses
- contributory negligence
- conpartive negligence
- assumption of risk
a defense that claims innocence of the charges or that one or more of the four Ds of negligence are lacking
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
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
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.
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
the taking of steps to minimize danger, hazard and liability
a program of measures taken by health care providers and practitioners to uphold the quality of patient care
contract coverage for potential damages incurred as a result of negligent act
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.
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.
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
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