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9 Cards in this Set
- Front
- Back
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What are the 4 elements of malpractice?
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-Duty
-Breach -Causation -Damages |
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What is a physician's duty?
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To provide the standard of care
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What is Breach?
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Deviation from the standard of care that any Average Prudent Practitioner would give.
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What are 4 ways to establish standard of care?
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JICE
-Judicial determination -Industrial standards -Common knowledge -Expert testimony |
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What is causation?
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Proximate cause, ie legal cause for the malpractice.
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What do damages include?
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-Medical costs
-Lost wages -Pain and suffering |
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What are 4 malpractice defenses?
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-Good samaritan
-other defenses -statute of limitations |
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What is the good samaritan law?
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Any person at the scene of an accident/emergency who renders care in good faith is immune from liability
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What is the exception to the good samaritan law?
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HCP's who render the car on duty and for compensation
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