Term
| What is medical malpractice? |
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Definition
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Term
| 4D's of medical negligence |
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Definition
Duty
breach of duty
direct or proximate causation
damages |
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Term
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Definition
| patient - physician relationship |
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Term
| Breach of duty refers to a physician's.... |
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Definition
failure to act as any ordinary, reasonable and prudent physician
patient must prove the physician's actions did not comply with acceptable standard of care |
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Term
| How do you prove deviation of standard of care |
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Definition
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Term
| Who can be an expert witness? |
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Definition
| a person with special knowledge or experience that can testify about the facts and the professional conclusions that are drawn from those facts as to what the appropriate standard of care is given a particular set of circumstances |
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Term
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Definition
| continuous sequence of events unbroken by any intervening cause that produces injury |
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Term
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Definition
| the injury was proximately or closely related to the physicians negligence |
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Term
| ultimately they must prove ____ _____ caused the injury. |
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Definition
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Term
| ultimately they must prove ____ _____ caused the injury. |
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Definition
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Term
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Definition
economic: past and future medical expenses, loss of earnings potential, loss of household services
non economic: pain, suffering, disfigurement, loss of enjoyment of life
KS: $250,000 - capped
MO: $565,000 - increases yearly with inflation |
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Term
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Definition
| generally for both KS and MO - 2 years |
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Term
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Definition
the event
decision to sue
select a lawyer
pre-filing investigation - client interview, collect records
select expert
consult expert
file suit |
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Term
| What can you do to reduce the risk of litigation? |
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Definition
demonstrate, compassion, competence, honesty
improve patient education
react to unexpected bad outcome
improve documentation
personalize your practice |
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Term
| Insurance defense attorney |
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Definition
selected and paid by insurance company
ethical and legal duty to the client |
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Term
| Why does a patient sue their doctor? |
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Definition
| unreasonable expectations, peers/competitors, other health care providers, poor communication, lack of compassion, corporate practice of medicine, arronance or dishonesty, medical negligence, unexpected bad outcome, compensation, deterrence, anger /revenge, justice |
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Term
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Definition
| $75,000-$250,000 in case expenses |
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Term
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Definition
select the insurance company
personal counsel
"select" the defense attorney
early thorough preparation |
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Term
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Definition
| altered records, witness tampering, selective memory, looking greedy, unprepared witnesses |
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Term
| ___% of physicians account for ____% of all malpractice claims |
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Definition
| 7% account for 55% of all malpractice claims |
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