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14 Cards in this Set
- Front
- Back
defn of malpractice
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-unwarranted from accepted medical practice resulting in injury to a patient
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what are the components of a successful medical malpractice claim?
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-duty
-breach -cause -harm |
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malpractice defn of duty
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-what a reasonable physician would have done in the same position
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malpractice defn of breach
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-breach of comission: improper performance of an act
-breach of omission: failure to act |
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malpractice defn of cause
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-proximate cause
-more likely than not rule (>50%) |
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malpractice defn of harm
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-injury vs death
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tort defn
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-a civil wrong committed against a person or property for which there are damages
-punishment is in monetary sums |
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what is the purpose of compensatory damages?
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-to make the person whole again for injuries suffered
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what is the purpose of punitive damages?
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-to punish the defendant and prevent future similar conduct
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statue of limitations
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-time by which a medical claim must be filed in court before it will be forever barred
-3 yrs |
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contigency fee contract
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-attorney of the injured party is paid a percentage of the money recovered
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what are some good malpractice risk management strategies?
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-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 |
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what are the four C's of risk management?
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-competence
-communication -charting -compassion |
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what are the purposes of the medical care access protection act?
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-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 |