Chapter 11

Explain how "totality of circumstances" relates to health care quality through the standard of care

- Courts now consider a range of relevant evidence in addition to custom and today determine whether a health professional's treatment of a particular patient rose to the standard of care is whether it was reasonable -A physician's actions are now measured objectively against those of a reasonably prudent and competent practitioner under similar circumstances, not against the actions of physicians who practice within a particular defendant's locality

Four (4) Elements that a patient must prove to win a medical malpractice claim against a health professional

1. The appropriate standard of care 2. A breach of that standard by the defendant 3. Measurable damages 4. A causal link between the defendant's breach and the patient's injury.

What does a patient seeking to hold a health professional responsible for substandard care need to demonstrate?

1. The appropriate standard of care 2. A breach of that standard by the defendant 3. Measurable damages 4. A causal link between the defendant's breach and the patient's injury.

Professional Standard of Care

The "professional standard of care" is the legal standard used in medical negligence cases to determine whether health professionals and entities have adequately discharged their responsibility to provide reasonable care to their patients.

Describe four (4) key elements used in the Affordable Care Act to promote health care quality.

The ACA's vision for improving quality focuses on: 1. Quality measure development 2. Quality measurement (including payment incentives) 3. Public reporting 4. Value-based purchasing

Function of Health Care Licensing

The function of health care licensing is it filters out those who may not have the requisite knowledge or skills to practice medicine. Licensing defines the qualifications required to become licensed and the standards that must be met for purposes of maintaining and renewing licenses and "scope of practice".

What is the function of health care professional and institutional licensing?

The function of health care licensing is it filters out those who may not have the requisite knowledge or skills to practice medicine. Licensing defines the qualifications required to become licensed and the standards that must be met for purposes of maintaining and renewing licenses and "scope of practice".

What is the state locality rule as it relates to the term, "the reasonably competent physician?"

The testimony provided on behalf of a patient as to whether a physician's actions met the standard of care could only come from physicians who practiced within the same or similar locality as the physician on trial

ERISA

established to protect employee pension system from employer fraud

Corporate Liability

holds entities accountable for their own "institutional" acts or omissions when their negligence causes or contributes to an injury.

Tort Liability

legal obligation of one party to a victim as a result of a civil wrong or injury. This action requires some form of remedy from a court system. Arises because of a combination of directly violating a person's right and the transgression of a public obligation causing damage or a private wrongdoing.

List the causes of medical errors, and annual number of patients who dies each year as a result of these errors

o Causes: • Failure to complete an intended medical course of action • Implementing the wrong course of action • Using faulty equipment or products in effectuating a course of action • Failing to stay abreast of one's field of medical practice • Health professional inattentiveness • The fact that optimal treatments for many illnesses are not yet known • The culture of medicine itself. o More people die each year from medical errors than from motor vehicle accidents, breast cancer, or AIDS.

Tort Law

shapes and defines our patient care quality parameters: negligence and malpractice cases

Vicarious liability

where one party can be held legally accountable for the actions of another party based solely on the type of relationship existing between the two parties. premised on principles of "agency" law, under which one party to a relationship effectively serves as an agent of another party.