1 / 24

YOU GOT SERVED

Remember January 9, 2009. I walked into class and was given an envelope by an Erie County Sheriff. In this envelope were legal papers. As I read through the legal papers I realized that I was being sued!What the heck should I do-I am a student and know nothing about this stuff!. What you need to do

maxwell
Download Presentation

YOU GOT SERVED

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


    1. YOU GOT SERVED! Dawn DeNisco, SRNA Advanced Nursing Anesthesia II January 23, 2009

    2. Remember January 9, 2009 I walked into class and was given an envelope by an Erie County Sheriff. In this envelope were legal papers. As I read through the legal papers I realized that I was being sued! What the heck should I do-I am a student and know nothing about this stuff!

    3. What you need to do First read through the entire summons or complaint Summons-states that a legal proceeding has been made against a person and that a file has been started in the court records Complaint-the formal legal document that sets out the facts and legal reasons that the filing party believes are sufficient to support a claim against another person(s), and/or entity Also make sure you note the time, date, person serving and manner in which the papers were served.

    4. I received a complaint in class and after reading it realized that I needed to respond to it with in 20 days. I could respond myself or through an attorney. It must contain my defenses or objections to the claim.

    5. JUST SO ITS CLEAR-IF THERE IS NO RESPONSE WITHIN THE 20 DAY PERIOD YOU GIVE UP YOUR RIGHT TO DEFEND YOURSELF, THE TRIAL WILL PROCEED WITHOUT YOU AND NO OTHER NOTIFICATION EXCEPT THE JUDGEMENT WILL COME YOUR WAY! IN GENERAL THE JUDGEMENT WILL BE AGAINST YOU.

    6. What I did I met with the Risk Management department here at Hamot. I discussed what was necessary now that I have been served these papers. They told me that was it. KEEP MY MOUTH SHUT! They would get in touch soon. If you are a 1099 (self-employed) get in touch with your insurance company on how to proceed and probably a lawyer. AGAIN KEEP YOUR MOUTH SHUT! There will probably be more than one defendant and each will have their own attorney.

    7. Risk Management Once they have all the paperwork about the pt and the case they will get in touch with you. They will go over the pt record with you-what you remember about the case(DO NOT CHANGE, ADD OR SUBTRACT FROM THE RECORD-why? YOU BETTER BELIEVE THAT THE PLAINTIFF(S) ALREADY HAVE A COPY AND ANY CHANGES WOULD EQUAL $$$$)

    8. Risk management con’t It is also a good idea to review your insurance coverage and understand your duties and responsibilities. Cooperation-be available and help prepare your defense. Understand your level of involvement. Monitor the proceedings. Meet with your attorney one on one and know what position you are taking.

    9. Risk management con’t So what will they do? They will try to determine liability. If we are at fault in some way they will try to settle. If there is no fault (no errors and proper documentation) they will move forward and defend.

    10. Pretrial Deposition (part of the discovery process) Outside the courthouse Witness is sworn in There is a court reporter (documents every word and sound!) Expert witnesses can be used

    11. Pretrial con’t Settlement discussions Mediation-both sides are present with a mediator who establishes even ground for the settlement. Arbitration-may pass judgement and awards the winner of the case, may only be an advisor. Your insurance company needs your consent to reach a settlement.

    12. My case There are four counts I am being charged with Negligence Lack of informed consent Hospital negligence Loss of consortium

    13. Informed consent What does it mean? An agreement by the patient to have a surgical or medical procedure or participation in a clinical study after achieving an understanding of the relevant medical facts and risks involved. When a patient signs the consent form a witness is required. I have paid very close attention to the anesthesia consent obtained at Hamot. I have heard repeatedly that there can be damage to the mouth, teeth and airway structures!

    14. Negligence Res Ipsa Loquitur (the act speaks for itself) The harm would not ordinarily have occurred without someone's negligence The "thing" which caused the harm was under the exclusive control of the defendant at the time of the likely negligent act There must be an absence of a reasonable explanation as to how the harm occurred. This signifies that further details are unnecessary, the proof of the case is self-evident

    15. Hospital Negligence They let me work/practice at Hamot! Proper credentialing and licensing Was I update on all these things

    16. Loss of Consortium Term used in the law of torts that refers to the deprivation of the benefits of a family relationship due to injuries caused by a defendant. It is often cause for compensatory damages to be awarded.

    17. Was it really malpractice? There are four elements to Malpractice Duty of care Breach in the level of care (standard) Cause (was the breach the cause of the injury) Damage (need to have for basis of claim)

    18. Duty of Care Legal obligation imposed on an individual requiring that they adhere to a reasonable standard of care while performing any acts that could foreseeably harm others.

    19. Breach of duty Conduct has fallen short of the standard that he/she was expected to meet in the circumstances.

    20. Cause The recoverable damages in a medical malpractice claim is the same as in other personal injury/wrongful death actions caused by the negligence of another.

    21. Damages Damages that cover actual injury or economic loss. Compensatory damages are intended to put the injured party in the position he was in prior to the injury. Compensatory damages typically include medical expenses, lost wages and the repair or replacement of property. Also called "actual damages.“ Sometimes called exemplary damages, awarded over and above special and general damages to punish a losing party's willful or malicious misconduct

    22. Verdict/Judgement Most cases are settled before going to trial. If the case makes it to trial there will be a jury and a judge. The judge or jury will decide the outcome of the case. The judge or jury will also decide how much the damages are worth if person being sued is found guilty.

    23. Lesson Don’t get sued! Communicate with the patient and family and get an informed consent. Remember that everyday we are charting and writing notes on legal documents that can be used against us. Be thorough and factual when charting and note any issues that you had during the case and what you did to correct the situation. See the patient post-op Maintain the Standard of Care

    24. THE END!

More Related