Biomedical Debate Practice-McNeil

Where does Medical Malpractice come from?

English Law and from state courts

What does a patient need to prove to convict a doctor of medical malpractice?

Physician acted negligently, and lack of care is reason for injury

What are the four things you need to prove a doctor guilty?(First)

1)Professional Duty

What are the four things you need to prove a doctor guilty?(Second)

Breach of duty

What are the four things you need to prove a doctor guilty?(Third)

Injury is because of breach

What are the four things you need to prove a doctor guilty?(Fourth)

Damages of breach

What do money damages take into account?

Non/Economic Loss

Why is medical malpractice wrong?

Romans Law

Who controls medical malpractice?

Individual states

What is "Statue of Limitation"?

time frame for legal action

What is medical malpractice?

Treatment of a patient that causes injury

What does "tort law" mean?

Law that makes solutions to wrongs

What are Good Samaritan Laws?

protect the responder from financial liability and make people help others.

What is implied in emergency situations?

Consent

Where is medical malpractice dealt?

State trial courts

When is medical malpractice dealt in federal district courts?

If sides are from different states or there is federal question

What is an adversial system?

Where there is a jury/judge

What is a plaintiff?

Person who brings a case to court

What is duty of care?

Relationship between doctor and patient previously established

When does the physician not need to fulfill the duty of care?

If patient is non-professional

What is standard of care?

Care of a reasonable professional

What is proximate causation?

Patient shows relationship to injury

What are the types of damages in medical malpractice?

Monetary and Punitive

What are monetary damages?

Easy to calculate and gives money

What are punitive damages?

Punishment for egregious behavior.

What are depositions?

Testimony under oath

When is the result of a medical malpractice trial released?

At the time of trial

What is tort reform?

Limits liability of victim

What are alternatives to tort reform?

No-fault systems and workers compensation

What is the goal of an alternative to tort reform?

Reduce costs and expedite claims

What does enterprise liability try to do?

Monitor quality of care with small costs

What is medical malpractice in France?

Has out of court and no fault court system

What is medical malpractice in Germany?

Presented to a board and lots of compensation

What is medical malpractice in Japan?

Doctors have collective insurance pool

How is medical malpractice treated in Japan?

As a criminal offense?

What is medical malpractice in Canada?

More patient safety initiatives

What is similar about medical malpractice in Canada and Australia?

Socialized health systems

What do medical students with high levels of agreeableness show?

Communication and goal to fix errors

Why does the health industry want students with high agreeableness levels?

More likely to increase quality of care and enhance patient safety

What would irreversible medical errors cause?

No self confidence

Is the reduction of medical errors higher or lower than expected by doctors?

Lower

What does a happy attitude lead to?

Self efficacy and learn more

What does higher self-efficiency lead to?

Less errors

What does self efficiency mean?

Belief in reducing errors

What does a younger doctor signify?

More chance for error

What is the largest step of reform we can take in medical education?

Figuring out appropriate personality to be efficient

What is the FFM?

Five Factor Model

What is the FFM used for?

Describing personality groups into five

What are the five groups of the FFM?

Extraversion, Agreeableness, Conscientiousness, Emotional Stability, and Openness

What does the difference in personality traits signify?

Attitude towards medical errors

What is the most often trait between medical students?

Agreeableness and Conscientiousness

What is the least common trait between medical students?

Neuroticism

What does the Agreeableness trait help medical students with?

Communicating with patients

What does the Conscientiousness trait help medical students with?

Avoiding medical errors

What do a majority of medical interns believe?

Medical errors are avoidable

What are the three categories of medical errors?

Near miss, Relatively not serious, and Relatively serious

What do physicians support when medical errors are relatively serious?

Error Disclosure

What is one concern of a physician in medical malpractice?

Future employment

What do students with high agreeableness tend to do?

Be organized, avoid errors, and be positive

What do students with high Conscientiousness tend to do?

Avoid errors, have justice, and disclose

What percent of patients admit to hospitals suffering serious harm from healthcare errors?

2 percent

What are the three goals of medical malpractice that receives legal consideration?

Compensation, Accountability, and Retribution

What do consequentialist mindsets state?

Punishment of error is unjust

What does the legal response of an error depend upon?

The outcome

When is punishment imposed upon?

If there are consequences rather than error

What is the alterative to criminal prosecution that is less blame-orientated?

Tort

Where are most settlements regarding medial malpractice made?

Out of court

What are most medical errors considered?

Unintentional and not carelessness but violation

What follows an act of harm in medical malpractice?

Law suits, discipline, or criminal prosecution

What are violations?

Actions that cause harm and are dealt with law

What do violations involve?

Choice/Intentional

How can we differ between a violation and an error?

element of intentionality

What do violations imply?

Disregard for safety

What is a violation considered upon?

Merit

What is an unnecessary harm a form of?

Iatrogenic harm

What is stressful for doctors in this process?

Disciplinary Action

Who is an example of a case of serious moral culpability?

Harold Shipman

What is called when a physician fails to meet a reasonable standard of care?

Negligence

What is used to justify criminal prosecution?

Gross negligence

What does negligence hinge upon?

What is reasonable

What data is used to help understand negligence and medical malpractice?

Empirical Data

What is the main goal of Litigation?

Compensation

The more egregious a case is, what does a hold a higher probability of?

Out of court settlement

What type of damage is imposed to punish a doctor/institution?

Exemplary

What is a considered alternative to the inefficient way of litigation?

No fault systems

What does the threat of litigation increase?

Investments in safety

What is the ultimate goal of the legal response to medical malpractice?

Promote safer practice

What is the concept of "Open Disclosure"?

Acknowledgement of wrongdoing

What should compensation not be linked to?

Need to prove fault

What culture is the aim of legal action?

Just culture

What change must be made if we wish to see safer medical practices?

Focus on those with authority