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Medical Ethics

Defenses to Liability Suits

four Cs of medical malpractice prevention caring, communication, competence, and charting
Reasons patients sue Unrealistic expectations Poor rapport and poor communication. Greed Lawyers and our litigious society. Poor quality of care—either in fact or in perception. Poor outcome Failure to understand patients' and families' perspectives
legal documentation What treatment was performed and when. Referrals Missed appointments Dismissals Treatment refusals All other patient contact.
malpractice defenses lawsuits Denial Affirmative Contributory negligence Comparative negligence Assumption of risk Emergency Technical Release of tortfeasor Res judicata Statute of limitations
risk management purpose Helps minimize liability Quality improvement (QI) or quality assurance. Verifies credentials
five different types of medical liability insurance. Claims-made Tail coverage Prior acts coverage Occurrence Self-coverage
Perinatal refers to the period immediately before and after a child's birth
caring 2 important benefits to showing you care, improves medical conditions, and decrease likelihood of patient suing
communication communicate clearly and ask for confirmation of understanding
competence know your profession well, including limitations
charting documentation is proof
Referrals referring physician's staff will make the appointment and notify the patient
Missed Appointments follow-up occurs, it should be documented as completed
Dismissals physician must formally withdraw from a case or formally dismiss the patient.
Treatment Refusals “Informed refusal” should be obtained in writing or, at the very least, noted in the patient's medical record.
Created by: baybro9933