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MALPRACTICE

MALPRACTICE . CIVIL SUITS AGAINST DOCTORS MORE THAN JUST NEGLIGENCE ALSO BREACH OF CONTRACT, FRAUD, ETC. FOCUS TODAY IS NEGLIGENCE NEGLIGENCE IS A “TORT” http://forensicpsychiatry.stanford.edu. CIVIL LAW CONTRACT ◊ PROPERTY ◊ TORT. A TORT IS A CIVIL WRONG

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MALPRACTICE

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  1. MALPRACTICE CIVIL SUITS AGAINST DOCTORS MORE THAN JUST NEGLIGENCE ALSO BREACH OF CONTRACT, FRAUD, ETC. FOCUS TODAY IS NEGLIGENCE NEGLIGENCE IS A “TORT” http://forensicpsychiatry.stanford.edu

  2. CIVIL LAW CONTRACT ◊ PROPERTY ◊ TORT • A TORT IS A CIVIL WRONG • SUIT SEEKS COMPENSATORY DAMAGES ($) • THREE TYPES • INTENTIONAL • UNINTENTIONAL (NEGLIGENCE) • STRICT (LIABILITY) • STANDARD OF PROOF FOR LIABILITY • PREPONDERANCE OF EVIDENCE

  3. MEDICAL NEGLIGENCEELEMENTS • DUTY • DO I OWE A DUTY? WHAT IS THE DUTY I OWE? • DERELECTION • BREACH OF STANDARD OF CARE CREATES • UNREASONABLE RISK OF FORESEEABLE HARM • DAMAGE • DIRECTCAUSATION • “BUT FOR” (SCIENTIFIC) • “PROXIMATE” (POLICY ISSUE) • ABSENCE OF DEFENSES • STATUTE OF LIMITATIONS

  4. STANDARD OF CARE • STANDARD OF CARE • ORDINARY, REASONABLE, PRUDENT, UNDER SAME OR SIMILAR CIRCUMSTANCES • NOT SYNONYMOUS WITH OPTIMAL CARE, BEST PRACTICES, ETC • REQUIRES TESTIMONY • FROM EXPERT WITNESS • FROM REASONABLE PATIENT (INFORMED CONSENT) • LEGAL • JUDICIAL (TARASOFF, SAFETY STATUTES) • RES IPSA LOQUITOR • RESPONDEAT SUPERIOR

  5. COMMON CAUSES OF ACTION • NEGLIGENT ASSESSMENT, DIAGNOSIS, CHARTING • NEGLIGENT TREATMENT/FOLLOW-UP • FAILURE TO PREVENT HARM TO PATIENT/OTHERS • LACK OF INFORMED CONSENT (EVENT, PROCESS?) • ABUSE OF TRANSFERENCE (SEX, DECISIONS) • NEGLIGENT SUPERVISION/SUPERVISEE • OTHER • BREACH OF CONTRACT, BREACH OF PRIVACY • DEFAMATION, FRAUD, FALSE IMPRISONMENT

  6. PREVENTIONTHE DUMB DUTIFUL DOCUMENTING SWEETY RARELY SUED • STAY UP TO DATE • PRACTICE IN RIGHT WAY (PROCESS) • IDENTIFY HIGH-RISK PATIENTS • SHARE THERAPEUTIC UNCERTAINTY • MANAGE THERAPEUTIC RELATIONSHIP • THREAT ASSESSMENT: PLAN, ACTION, F/U • GET SECOND OPINION WHEN NECESSARY • ANTICIPATE EVIDENTIARY USE OF CHART

  7. INSURANCE • UNDERSTAND TYPE OF POLICY • KNOW WHAT ACTIVITIES COVERED • KNOW WHEN/HOW TO REPORT AN EVENT • CANNOT INSURE INTENTIONAL WRONGS

  8. MICRA MEDICAL INJURY COMPENSATION REFORM ACT LIMITS AWARDS FOR “PAIN & SUFFERING” LIMITS ATTORNEY CONTINGENCY FEES

  9. MEDICAL BOARD OF CALIFORNIA • CALL IS FROM INVESTIGATOR • 805 REPORT • COST RECOVERY PROGRAM • RANGE OF ENFORCEMENTS/PENALTIES • NO DIVERSION PROGRAMS

  10. PRACTITIONER DATABANKS

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