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Flashcards in Legalities Deck (23):

Who can be named in a lawsuit?

Any Healthcare provider


Quality of health care is assessed through ___________ of services rendered.



Causes for litigation happen when the family or patient feel that they were not provided with appropriate..

Diagnosis, treatment, results, risks of procedure.


What is the borrowed servant rule?

The surgeon is responsible for acts of team members when he/she asks a team member to perform a task out of their scope of practice under the surgeons supervision.


What is the doctrine of reasonable man?

The pt has a right to expect that a HCP will use judgement, knowledge and skill according to policy the same as other reasonable prudent professionals in the system would do in similar circumstances.


What is the doctrine of Res Ipsa Loquitor?

Injury or event speaks for itself
E.g a retained foreign body
Defendant must prove a breach did not occur


What three conditions must exist before the doctrine of Res Ipsa Loquitur can be applied?

Type of injury would not ordinarily occur without negligence.

Injury was caused by conduct or instrumentality within exclusive control of person being sued.

Injured person could not have contributed to negligence or voluntarily assume risk.


What is the doctrine of respondent superior?

Employer and employee may be named in a suit but the employees name may be dropped if employee was following standards and procedure and acting within scope of practice.


What is the doctrine of corporate negligence?

Facility failed to provide appropriate level of care. Making sure personnel are adequately trained for position held.


What is an advanced directive?

Document that has pts wishes regarding health care and usually designates someone to make decisions if the pt cannot do so themselves.


What is autonomy?

Self governance or independence


What is causation?

Action directly or indirectly causing an injury.


What are damages?

Compensation awarded for injuries


What is liability?

Legally bound for personal actions that may adversely affect another person.


What is accountability?

Answer to someone else for ones own actions


What is assault?

Threatening physical harm to another.


What is battery?

Causing bodily harm by touching without consent.


What is negligence?

Careless performance of duties, nursing or medical, that results in injury to pt.


What is malpractice?

Also known as professional misconduct. Unreasonable lack of skill or judgement, illegal/immoral conduct, or substandard care given that resulted in harm to a pt.


How to reduce liability?

Be active in prof. organizations, continue to self educate, positive rapport with pts, comply with legal standards of accredited facility, document AIEs.


What are the 4 D's of malpractice?

Duty to deliver a standard of care directly proportional to degree of specialty training received.

Deviation of that duty by omission or commission

Damage to patient/property caused by deviation from standard of care

Direct cause of personal injury or damage because of deviation of duty


What is the primary cause of professional liability claims?

An injury or other adverse outcome sustained by a patient as a result of a treatment.


What are some examples of incidents?

Incorrect positioning resulting in paralysis of a limb
Friction burn from pulling pt across a stretcher
Bed sore from inadequate padding
Retained sponge
Wrong procedure done on pt
Wrong side done
Injury from a fall
Near miss (taking wrong patient into theatre