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39 Cards in this Set

  • Front
  • Back

What are the purposes of the healthcare organizations bylaws?

The set forth the responsibilities of the medical staff.

Who is liable when the medical staff members credentials are not screened properly?

The Health Care organization can be liable for injuries to patients.

What are some of the stages in screening and appointment process?

The application, applicants physical and mental status, references, national practitioner data bank, a thorough interview, approval by the governing body.

Who decided which procedures a physician can perform?

Medical staff

Determining which procedures of Physician can perform is known as?

Delineation of privileges-based on the set criteria for credentials required

What must a Physician do to commence a court action for issues such as initial denial of medical staff privileges?

The Physician must first exhaust all remedies in the hospital's bylaws.

Physician monitoring is most effectively practice through?

Peer review

The governing body of the hospital has a duty to take action against a Physician whose actions pose...?

An unreasonable risk of harm to a patient.

A Physician is not liable for exercising his best judgments if....

A course of treatment is supported by medical experts.

A Physician is at risk if he or she uses....

An unprecedented procedure that results in harm.

A variety of malpractice issues include the following...

Failure to respond to emergency, delaying treatment, performing inadequate examinations, not ordering diagnostic tests, not reviewing test results, not obtaining a second opinion, not referring, practicing outside field of competence, misdiagnosis, not reading nurses notes, the medication errors, not getting consent, not performing procedure, not maintaining adequate airway, aggravation of preexisting condition, lack of documentation, premature discharge, failure to follow up, and abandonment.

Mental health professionals have a duty to what?

duty to warn

The therapist must warn The third party If the patient poses What?

Poses a serious harm to the third party.

In a malpractice case, the standard of care applied will be that pertaining to the specialty in which the position is treating, regardless of what?

Regardless of whether or not the Physician is credentialed in that specialty.

Medical staff privileges-two limitations on requested privileges

Must be accordance with bylaws, appeal procedures must be followed

The hospital has a duty to ensure competency

Utah has a statute barring claims for negligent credentialing

Three ways Physicians are supervised and monitored

Peer review, board responsibility to recognize incompetence, suspension of privileges

When is there sufficient grounds to deny Physicians privileges?

When a Physician has an inability to work with others, or failure to meet ethical standards

Misdiagnosing accident victim number one

Did the Physician commit malpractice by failing to ensure correct diagnosis of the patient's skull? Yes!

Physician's on call in emergency department Must respond to emergencies quickly

Yes

Failure to respond is grounds for negligence should of patients suffer injury as a result of....

a physicians failure to respond.

Blackmon vs. Langley established what?

The Physician may be liable for failing to respond promptly if it can be established that such an action caused a patient's death

Felipe vs. Bishop Clarkson memorial hospital established what?

Failure to obtain an adequate family history violates a standard of care owed to the patient.

What are the two schools of thought regarding choice of treatment?

Physician is not liable if treatment is respected by medical experts, unprecedented procedures are negligent even though due care was followed.

A plaintiff who claims of Physician failed to order proper diagnostics must show what?

A diagnostic test the standard practice, Physician failed to use the test, patient suffered injury as a result.

Timely diagnosis of the patient's condition is as important as that need to what?

The need to accurately diagnose a patient's injury or disease.

Physicians must seek second opinions when required

Good witch vs. Sinai Hospital-continual failure to comply with second opinion agreements

The Physician has a duty to refer his or her patient.

Doan vs. Griffith-plaintiff my show that the Physician deviated from the standard of care... And resulted in injury

What is the standard of care required in a malpractice case?

Standard of care is that of the specialty in which a Physician is treating and has nothing to do whether or not the Physician was credentials in that specialty.

Todd vs. Saul's-nursing notes

the Physician can reach his or her duty of care by failing to repair some notes.

Example of failure to use critical information

Patient allergic to latex has a latex catheter inserted leading to chronic bladder disorder

Examples of medication errors

Wrong dosage, abuse in prescribing medications, wrongful supply of medications

What is failure to provide informed consent?

Physicians must inform their patients of the known benefits, risks, and alternatives

Examples of malpractice surgery

Wrong procedure, correct procedure at wrong site, fraudulent procedure, foreign objects left in patient

Ward v. Epting - adequate airway

Anesthesiologist failed to conform to the standard of care

Anne Arundel Med. Ctr. v Condon - misdiagnosis of breast cancer

Pathologist's failure to interpret invasive carcinoma as a departure from standard of care

Aggravation of a preexisting condition

If the original injury is aggravated, liability will be imposed only for the aggravation, rather than for both the original injury and it's aggravation.

Could jury consider failure to document as negligence?

Yes

Elements necessary to recover damages in abandonment

Medical Care and reasonably discontinued, discontinued against patience will, for site-failure could result in patient injury, actual harm was suffered