The most important idea book you will ever own.
Easy reading. Ideas on every page.
|The Medical Malpractice Thoughtbook helps you :
Evaluate and prepare medical malpractice cases better
Develop insight into the process
Know what, how and why medical records written
Also see The Primer on Soft Tissue Injuries. Click items for more, or Go to Home Page
Was it medical malpractice?
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TABLE OF CONTENTS
SECTION I ABOUT THE AUTHOR ABOUT THE CONTRIBUTORS AUTHOR'S PREFACE DO THE RIGHT THING INTRODUCTION MEDICINE, LAW, GOVERNMENT - INTERACTING The "Medical Malpractice Crisis" Sources of "The Law" The Law of "Torts" Elements of a "Tort" The Standard of Care Other Bases for Suit Against Health Care Providers Contract Office for Damage Control Conclusion PROFESSIONAL DUTY TO THE PATIENT Standard of Care - "Best Judgment Rule" Possession of Knowledge Application of Knowledge Local or Community Standard National Standard Institutional Standards of Care Treatment Contract HOW MUCH MALPRACTICE IS THERE ? MEDICAL INJURIES LAW AND PRECEDENT SECTION II PHYSICIAN NEGLIGENCE -- OVERVIEW HOSPITAL NEGLIGENCE -- AN OVERVIEW A NURSING PERSPECTIVE Nursing Care and Treatment Communication Documentation Conclusion HOSPITAL RESPONSIBILITY HOSPITAL DUTIES AND DIRECT LIABILITY Duties and Causes of Action SELECTED MALPRACTICE CASES STAFF PRIVILEGES AND DUE PROCESS AGENCY AND THE INDEPENDENT CONTRACTOR SECTION III STANDARD OF CARE The Specialist ACCEPTABLE STANDARD OF CARE PRE-INCIDENT REPORT POTENTIAL PROBLEMS SECTION IV THE MEDICAL RECORD IS A LEGAL DOCUMENT HORIZONTAL REVIEW OF MEDICAL RECORDS Hospital Records "Records" That Do Not Appear in the Hospital Chart SPECIFIC FORMS Front Sheet General Consent Emergency Room Report Discharge Summary History and Physical Examination Orders Progress Notes Consultation Reports Operative Consent Preoperative Evaluations Operative Report Anesthesia Sheet Postoperative Evaluations Pathology Report Blood Transfusion Sheet Nurses' Notes Therapy Reports Report of Laboratories Medication Sheets Clinical Graphics Autopsy Reports Other Hospital Records Lab Requests and X-Rays Operating Room Log Nurses' (Rounds) Notes EXAMPLE OF A HORIZONTAL REVIEW Patient: N.E. Glect ACCEPTABLE CARE SUMMARY SECTION V QUALITY ASSURANCE PRELIMINARY SURVEY Ask of intensive care nurses Ask of coronary care nurses Ask of postoperative surgical care nurses Ask of obstetric labor room nurses IMPLEMENTATION HOSPITAL'S INCREASING ROLE Hospitals Can Insure and Manage INSURANCE COMPANY CLAIM EVALUATION Introduction Liability Damages The Liability - Damages Relationship Other Factors Affecting the Evaluation Value Conclusion PREVENTION PROGRAMS DAMAGE CONTROL FOR PATIENTS SECTION VI PLANNING AND DISCOVERY SAMPLE DISCOVERY OF DEFENDANT Qualification of the Witness The Facts The First Visit INITIAL PLEADINGS IN MALPRACTICE CASES Medical Malpractice Complaints PRE-TESTIMONY CONFERENCE DEPOSITION QUESTIONS OPENING STATEMENT "Do's" for Opening "Dont's for Opening Key Words and Phrases for Opening DAMAGES Grading of Pain as a Subjective Symptom Behavior Patterns. Three Questions CAUSATION Competent Word Connectors Medical and Legal Causation CLOSING Summary Ideas SECTION VII THE COMMON CAUSES OF MEDICAL NEGLIGENCE General Abandonment Acute Respiratory Failure Anesthesia -- Who? Anesthesia Agents / Equipment Used Anesthetic Intubation Anesthesia Considerations -- Other Appendicitis Blood Transfusion Cancer Cancer of the Breast Cancer of the Cervix Cardiac and Peripheral Vascular Surgery Cardiac Arrest Cardiac Catheterization Cardiogenic Shock CCU Standards Chest Surgery Congestive Heart Failure With Pulmonary Edema Danger From Life Saving Drugs Delay in Diagnosis and/or Treatment Diagnosis / Misdiagnosis Standards Diabetes Drug Reactions EKG Tracing Endoscopic Biopsy Emergency Room Failure to Test Fetal Heart Monitoring Gynecologic Surgery Gynecology -- Hysterectomy Gynecology -- Laparoscopy Gynecology -- Sterilization Gynecology -- Wrongful Birth Improper History Improper Physical Examination Intracranial Pressure Joint and Several Liability Mechanical Ventilation Meningitis Monitoring Multiple Traumas Myocardial Infarction Myocardial Ischemia, Injury or Death Neurosurgery Neurosurgery -- Intracranial Bleeding Neurosurgery -- Laminectomy Neurosurgery -- Spinal Cord Injury Neurosurgery -- The "Neuro Check Sheet" Nursing Practice Obstetric Orthopedics Orthopedic -- Examination Orthopedic -- X Rays Orthopedic -- Tight Cast Orthopedic -- Non-Union and Osteomyelitis Orthopedic -- Total Joint Replacement Pelvic Inflammatory Disease Phlebitis Postoperative Care Preoperative Evaluation Pulmonary Embolism Res Ipsa Loquitur Ruptured Spleen Shock Slips and Falls Surgical Surgical Technique Surgery -- Inadvertent Acts Surgery -- Wrong Patient / Wrong Side Surgery -- Foreign Objects Left In Surgery -- Obesity Surgery -- Equipment Used Surgery -- Unnecessary Tracheostomy Transient Ischemic Attack (TIA) Warranty SECTION VIII INFECTION Considering Liability Physician Responsibilities Nurse Responsibilities Dentist Responsibilities Manufacturer Responsibilities Establishing Negligence In Labor Proximate Cause INFORMED CONSENT The Canterbury Rule More On Informed Consent Expectation Outline of Informed Consent Cases The History The Examination in General The System Examination The Neuromuscular Exam The Cranial Nerves Motion Measurement SECTION IX ONE WEEK PROGRAM Medical Malpractice: An Overview Medical Malpractice Defenses Medical Records: Incrimination or Protection Preparing To Be an Expert Witness Medicolegal Issues in Selected Specialties Anatomy of a Malpractice Lawsuit Medicine and The Law The Right to Treatment and to Refuse Treatment Confidentiality - Privilege and Privacy Hospital Liability Consent Issues in Medicine SAMPLE CLOSING TRICKS, TIPS, TECHNIQUES AND TRAPS SECTION X GLOSSARY Prefixes Roots Suffixes Abbreviations GENERAL TERMS MEDI-LEGAL WORDS SECTION XI CASE LAW Negligence Obvious Negligence Cases Contributory Negligence Liability How Much Skill Is Required Skill and Diligence Needed Cases on Diagnosis Infection Cases Consent and Need to Disclose Cases Amount of Evidence Needed Amount of Surgical Evidence Needed Sponges Left In Cases Anesthesia Cases Errors in Judgment Cases Involving Nurses Abandonment Statute of Limitations Are Experts Needed Cases Damages CONSTITUTIONALITY TABLE OF AUTHORITIES