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21 Cards in this Set
- Front
- Back
Name and briefly define the four Cs of medical malpractice prevention |
Caring: care about patients and colleagues Communication: communicate clearly and accurately Charting: documentation is proof, chart clearly and accurately |
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Briefly describe how practicing effective communication skills can help prevent a medical malpractice lawsuit |
misunderstanding and misinformation often lead to lawsuits. If you communicate clearly and accurately and get confirmation from patients that they understand, this can help prevent lawsuits |
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If a patient refuses treatment, what legal options remain for the health care practitioner in charge |
a patient cannot be forced to accept treatment, evaluation, or testing but his decision to decline should be documented in his patient record. Ideally, his refusal should be obtained in writing, but should definitely be noted in his record. |
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Name five reasons often cited for the suing of health care practitioners by patients and their families |
to prevent injury from happening to anyone else, to receive an explanation, to get admission of negligence, i was angry, to punish the doctor |
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What is the difference between an affirmative defense and a technical defense? |
affirmative defense allows the accused to present factual evidence that the patient's condition was caused by some factor other than the physicians negligence
technical defense hinges on legal technicalities, rather than on factual evidence |
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One in which the defendant claims innocence |
denial |
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One in which the accused is allowed to present factual evidence that the physician's negligence did not cause the patient's condition |
affirmative defense |
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One in which the defendant claims that the patient contributed to his or her own injury |
contributory negligence |
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One in which informed consent is vital factor |
assumption of risk |
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One that hinges on legal technicalities rather than factual evidence |
technical defense |
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If a medical malpractice claim is dismissed due to a state's statute of limitation, does this imply that the defendant health care practitioner is exonerated? explain your answer |
No, the health care practitioner is not exonerated. The length of time during which a suit could legally be filed has passed |
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Risk management has become a necessary health care practice component because |
liability is a major factor in health care delivery |
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Methods used to manage risk are part of |
quality improvement or quality assurance |
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Which of the following activities help health care providers avoid litigation? |
medical record charting |
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Which of the following is not a duty of a medical practice's quality improvement and risk manager? |
scheduling patient appointments |
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Credentialing consists of |
verifying health care providers credentials before hiring |
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If a health care practitioner covered by medical malpractice insurance receives notice of a lawsuit, he or she should first notify |
insurance company |
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Claims-made insurance pays for |
claims made during the specified time period the policy is in effect |
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Occurrence insurance pays for |
claims arising from an incident that occurred or alleged to have occurred while the policy was in force, regardless of when the claim was made |
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Name two types of insurance that, in certain circumstances, extend coverage of claims-made insurance |
tail coverage and prior acts coverage |
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Explain how physicians might insure themselves |
a physician can contribute to a fund, managed by an insurance company that is used to pay medical malpractice judgements, if any. |