Term
when did rule changes for medical malpractice suits enacted by the PA supreme court come into effect? what do they consist of? |
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Definition
2002 - now a medical professional in the same field/specialty as the defendant has to be hired by the plaintiff and the suit has to be filed in the county the plaintiff was injured in |
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Term
what was the first state to enact tort reform? |
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Definition
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Term
what is very important in litigation? why? |
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Definition
legible documentation including time/date, b/c a lot of litigation is done retrospectively and documentation is the only thing which can combat/help explain your case to the jury (dr may not even remember the pt who is suing them). |
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Term
why are medical students helpful in depositions? |
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Definition
medical student notes are better quality on avg |
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Term
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Definition
an oral examination under oath which is recorded into a booklet. deponents can be plaintiffs, defendants, or any witnesses who are called via subpoena. |
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Term
what is the statue of limitations in PA? |
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Definition
2 years from the date of injury |
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Term
what is the discovery rule? |
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Definition
the statute of limitations runs 2 years from the date a pt discovers they were injured (sponge left in sx, etc). |
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Term
what is the statute of limitations applicable to OB/GYNs? |
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Definition
the infant born has until they are 20 y/o to bring a lawsuit |
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Term
what are defenses based on? |
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Definition
judgment call, not negligence |
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Term
what is the problem w/litigation? |
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Definition
even if you do everything right, you can still get sued (all the plaintiff needs is a certificate of merit saying there was negligence) |
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Term
what should you NOT do if a suit is brought against you? |
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Definition
*do not go back and change anything in the chart* and do not go back to the hospital where the case took place and pull the chart up and look at it (this activity is now logged by computer). the plaintiff will already have a copy of the chart before you ever know the suit was being filed, so you will get caught. |
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Term
what is always an issue w/litigation? |
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Definition
people will remember things differently (they will claim they were uninformed, etc), esp if the pt/family thinks they were wronged. documentation is the only defense against this. *if pts are hostile - document it.* |
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Term
what should you do if you witness something wrong (such as mistaken medications, etc) occurring involving a pt? |
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Definition
address the situation asap - report up the chain of command and/or call laura bell (even if attending tells you not to), b/c over time its harder to reconstruct what happened (want to get witnesses' names+phone numbers etc) which allows preparation before litigation starts. |
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Term
what between health care providers and pts will lower the risk of litigation? |
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Definition
communication - even a friendly chat (proven in harvard study). personal skills are very important. |
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Term
why is communicating w/colleagues important regarding pt care? |
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Definition
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Term
how should errors in your note be corrected while you are writing it? |
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Definition
draw a line through the error, write "error", initial it, and write the correction (don't use whiteout) |
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Term
how can you change a medical record correctly? |
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Definition
write an addendum - then date it, time it, write the note, and then sign it |
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Term
what should not be in the note? |
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Definition
opinions or narratives (*never*) |
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