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Medical Ethics

Professional Liability and Medical Malpractice

three areas of general liability The practice's building and grounds. Automobiles used as part of employees' duties. Employee safety
four Ds of negligence duty - dereliction- direct cause- damages
phases of a lawsuit Pleading phase Interrogatory or pretrial discovery phase Trial phase Appeals phase
alternative dispute resolution Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court. Such settlements can save time and money.
liable Legally responsible or obligated
physicians have general liability for: Practice's Building and Grounds; Automobiles; Employee Safety
Standard of care refers to the level of performance expected of a health care practitioner in carrying out his or her professional duties
Duty of care obligation of health care workers to patients and, in some case, non-patients
reasonable person standard standard of behavior that judges a person's actions in a situation according to what a reasonable person would or would not do
confidentiality act of holding information in confidence, not to be released to unauthorized individuals
privileged communication Information held confidential within a protected relationship
corporate liability hospitals have an independent duty to patients to provide competent doctors, supervise medical treatment, and to review the competence of staff physicians.
3 ways to classify liability claims based on the root word feasance, which means “the performance of an act.”
malfeasance performance of a totally wrongful and unlawful act
Nonfeasance failure to act when one should
THE JOINT COMMISSION (TJC) Improve patient identification; communication among caregivers; safety high-alert medications; Eliminate wrong, site, patient, procedure surgery; safety of infusion pumps; effectiveness clinical alarm systems; reduce the risk of hospital infections
Confidentiality may be waived 1-third party requests a medical examination, and that party pays the physician's fee. 2-patient sues a physician for malpractice and patient records are subpoenaed. 3-When a waiver has been signed by the patient allowing the release of information
misfeasance performance of a lawful act in an illegal or improper manner
res ipsa loquitur “The thing speaks for itself” or doctrine of common knowledge
doctrine of res ipsa loquitur include: Unintentionally leaving foreign bodies, inside a patient's body during surgery. Accidentally injuring a patient while anesthetized. Damaging healthy tissue during an operation. Causing an infection by the use of unsterilized instruments.
damages Monetary awards sought by plaintiffs in lawsuits
general compenstatory compensate for injuries or losses due to violations of patient's rights
special compenstatory compensate for losses not directly caused by the wrong
consequential compensate for losses caused indirectly by a product defect
punitive to punish the offender
norminal recognize that rights of the patient were violated, though no actual loss was proved
wrongful death statutes allow a person's beneficiaries to collect for loss to the estate of the deceased for future earnings when a death is judged to have been due to negligence.
PHASES OF A LAWSUIT 1-A patient feels he or she has been injured. 2-The patient seeks the advice of an attorney. 3- attorney believes the case has merit, he or she then requests copies of the patient's medical records
Pleading Phase 1-plaintiff's (injured patient's) attorney files a complaint with the clerk of the court. 2-summons is issued by the clerk of the court to complaint. 3- defendant's attorney files an answer to the summons, and a copy of it is sent to the plaintiff
summons written notification issued directing defendant respond to the charges brought in a court of law.
Interrogatory or Pretrial Discovery Phase 1-court date set 2-Pretrial motions may be made and decided 3-Discovery procedures may be used to uncover evidence 4- pretrial conference
pretrial conference judge discusses the issues in the case with the opposing attorneys
subpoena legal document requiring the recipient to appear as a witness in court or to give a deposition
deposition Sworn testimony given and recorded outside the courtroom during the pretrial phase of a case
interrogatory written set of questions requiring written answers from a plaintiff or defendant under oath
subpoena duces tecum legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit
Trial Phase jury selected 2- Opening statements 3- Witnesses are called to testify 4- closing arguments 5- instructions to the jury 6- verdict 7- final judgment
Appeals Phase Post-trial motions may be filed; appeal may be made for the case to be reviewed by a higher court
WITNESS TESTIMONY Discovery depositions; Depositions in lieu of trial.
Discovery depositions cover material that will most likely be examined again when the witness testifies in court
Depositions in lieu of trial used instead of the witness's in-person testimony in court
testimony Statements sworn to under oath by witnesses testifying in court and giving depositions
fact testimony concerns only those facts the witness has observed
expert testimony experts in a particular field have the education, skills, knowledge, and experience
alternative dispute resolution (ADR) Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court
Mediation neutral third party listens to both sides of the argument and then helps resolve the dispute
Arbitration a method of settling disputes in which the opposing parties agree to abide by the decision of an arbitrator
Created by: baybro9933



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