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14 Cards in this Set

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  • Back
defn of malpractice
-unwarranted from accepted medical practice resulting in injury to a patient
what are the components of a successful medical malpractice claim?
-duty
-breach
-cause
-harm
malpractice defn of duty
-what a reasonable physician would have done in the same position
malpractice defn of breach
-breach of comission: improper performance of an act
-breach of omission: failure to act
malpractice defn of cause
-proximate cause
-more likely than not rule (>50%)
malpractice defn of harm
-injury vs death
tort defn
-a civil wrong committed against a person or property for which there are damages
-punishment is in monetary sums
what is the purpose of compensatory damages?
-to make the person whole again for injuries suffered
what is the purpose of punitive damages?
-to punish the defendant and prevent future similar conduct
statue of limitations
-time by which a medical claim must be filed in court before it will be forever barred
-3 yrs
contigency fee contract
-attorney of the injured party is paid a percentage of the money recovered
what are some good malpractice risk management strategies?
-limit your practice to the scope of your training
-be explicit with all instructions to patients
-obtain proper consent
-check condition of equipment
-continue medical education
-document everything in the patient's record
what are the four C's of risk management?
-competence
-communication
-charting
-compassion
what are the purposes of the medical care access protection act?
-improve avialability of health care services
-reduce incidence of defensive medicine
-lower the cost of health care liability insurance
-insure that patients who have meritorious claims recieve proper compensation