Common Causes for Malpractice Suits contd Malpractice Suits contd Loss or

Common causes for malpractice suits contd malpractice

This preview shows page 33 - 40 out of 48 pages.

Common Causes for Malpractice Suits (cont’d) Malpractice Suits (cont’d) Loss or damage to patient property: dentures, clothing, hearing aids Things left in patients during surgery: res ipsa loquitur— the thing speaks for itself Lack of informed consent: permission must be Voluntary (no coercion) Informed (person must clearly understand choices and what is to be done) Physician’s job to get informed consent
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Copyright © 2015. F.A. Davis Company Issues in Health-Care Issues in Health-Care Litigation Litigation Informed consent Both a legal and an ethical issue The voluntary permission by a client or by the client’s designated proxy to carry out a procedure on the client Claims that they did not grant informed consent before a surgery or invasive procedure can form the basis of lawsuits
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Copyright © 2015. F.A. Davis Company Issues in Health-Care Issues in Health-Care Litigation (cont’d) Litigation (cont’d) Informed consent (cont’d) The physician must provide this information. Information required Treatment proposed Material risk involved (potential complications) Acceptable alternative treatments Outcome hoped for Consequences of not having treatment
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Copyright © 2015. F.A. Davis Company Issues in Health-Care Issues in Health-Care Litigation (cont’d) Litigation (cont’d) Patient Self-Determination Act Federal law that requires that all federally funded institutions inform clients of their right to prepare advance directives. Advance directives encourage clients to discuss and document their wishes concerning the type of treatment and care that they want (i.e., life-sustaining treatment) in advance. This eases the burden on their families and providers when it comes time for a decision.
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Copyright © 2015. F.A. Davis Company Issues in Health-Care Issues in Health-Care Litigation (cont’d) Litigation (cont’d) Patient Self-Determination Act (cont’d) Two types of advance directives Living will: Document stating what health care a client will accept or refuse after the client is no longer competent or able to make that decision. Medical durable power of attorney: Health-care proxy, designates another person to make health-care decisions for a person if the client becomes incompetent or unable to make such decisions.
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Copyright © 2015. F.A. Davis Company Legal Concepts Legal Concepts Good Samaritan Law: written to encourage health-care professionals to help in emergency situations. Reduces the professional liability when responsible care is used. Care given must be in the professional’s scope of practice and training. Rests on the concept of “implied consent.”
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Copyright © 2015. F.A. Davis Company Legal Concepts (cont’d) Legal Concepts (cont’d) True emergency: exists when a person will either die or have a permanent injury if not treated immediately.
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