Studied by 20 people
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
Note 
Flashcard (22)