MAL-PRACTICE IN MEDICAL PRACTICE.pptx

Mal practice is illigal act which is worldwide being done within all the fields
Here, mal practice in physiotherapy clinical practice is very well illustrated

Contents :
Definition
Standerd of care
Basic elements of mal practice
Necessity of injury
Targets
Medical malpractice claims
Examples of Mal practice
Proving mal practice claim
Damages
Informed consent
Medical malpractice lawsuit
Cost of litigation
Medical records rewiew
Glossary

1. MAL-PRACTICE PRESENTED BY : YASH N. ANGHAN

2. MAL-PRACTICE “ Malpractice occurs when a professional fails to meet the standard of care expected under the circumstances, and as a result causes an injury to a client. “ PRESENTED BY : YASH N. ANGHAN

3. The standard of care is typically defined as whether the level of care provided was consistent with the care that would be expected from a reasonably prudent health care professional, but with additional focus on the Healthcare Provider’s Specialty and the standard of care in the Healthcare Provider’s Community STANDERD OF CARE PRESENTED BY : YASH N. ANGHAN

4. Standerd of care may be different according to....... Type of Professional : Such as : Specialists vs generalist Type of accomodation : Such as : Multi-speciality hospitals vs Small clinics Type of case : Such as : Emergency vs non-urgent Type of area : Such as : Urban areas vs rural areas PRESENTED BY : YASH N. ANGHAN

5. Basic Elements Of MAL-PRACTICE Claim A) There is a professional relationship between the professional and the client claiming injury . B) The professional was negligent in providing services to the client. C) The negligence violated the governing standard of care. D) The professional's negligence caused an injury to the client. PRESENTED BY : YASH N. ANGHAN

6. NECESSITY OF INJURY To present a valid claim for malpractice, the client or patient making the claim must also prove injury . If no injury results from the professional’s negligent act or omission, no matter how extreme or dramatic the mistake, a malpractice action cannot succeed. Examples : 1. Misdiagnosis : 2. Accountant PRESENTED BY : YASH N. ANGHAN

7. Targets : Medical Professionals 1) Doctors 2) Organization : Hospitals : Clinics : Medical practices 3) Healthcare professionals : Nurses : Dentists : Pharmacists, : Physical and Occupational therapist, : Medical technician : Mental health professionals PRESENTED BY : YASH N. ANGHAN

8. Medical Malpractice Claims 1) State law may require that a professional accused of malpractice receive advance notice of the client’s intention to file a malpractice lawsuit. Particularly for medical malpractice claims, additional pre-litigation requirements may be imposed. For example, a patient may be required to submit an affidavit from a qualified expert who is willing to testify that the defendant violated the governing standard of care and caused injury to the patient. The patient may be required to participate in pre-claim or post-claim case review, mediation or arbitration proceedings. PRESENTED BY : YASH N. ANGHAN

9. 2) In most malpractice cases it is necessary to introduce expert witness testimony in order to establish the governing standard of care, and that the defendant professional violated that standard of care. Finding and hiring a qualified expert witness can be daunting, and the fees the expert may charge will often be substantial. PRESENTED BY : YASH N. ANGHAN

10. 3) As laws are different in each state it is important to scrutinize state law, as what may seem like a minor procedural error made during a malpractice lawsuit can potentially cost a plaintiff any right to recovery. 4) Medical malpractice laws vary significantly by state, and it is important to have any potential medical malpractice claim reviewed by an attorney in the state where the alleged malpractice occurred. Most malpractice cases are too complex and costly to pursue without the help of a lawyer PRESENTED BY : YASH N. ANGHAN

11. EXAMPLES OF MAL-PRACTICE Failure to diagnose a medical condition Misdiagnosis of a medical condition Surgical errors Unnecessary medical treatment or surgery Medication errors , including prescribing the wrong medication or administering an incorrect doses Failure to provide a dequate follow-up care following a medical test or procedure; Unreasonable delay in the commencement of treatment for a medical condition Lack of informed consent (failure to properly inform a patient of the risks of treatment) PRESENTED BY : YASH N. ANGHAN

12. PROVING MAL-PRACTICE CLAIM Elements Of Proof Clinical relationship Violation of governing standerd of care Causation Damages Malpractice cases are normally decided by a preponderance of the evidence Requirement that medical error be proved by clear and convincing evidence. PRESENTED BY : YASH N. ANGHAN

13. DAMAGES Damage is a necessary element to file a medical mal-practice lowsuit Not all incidents of medical malpractice will support a medical malpractice claim, as even a clear medical error may not result in damages to the patient. If the patient’s treatment or prognosis is not affected by the negligent act or omission, the patient may not be entitled to compensation PRESENTED BY : YASH N. ANGHAN

14. Examples of malpractice that may not resulted in damages * A doctor negligently misdiagnoses a medical condition and orders surgery, but the surgery would have been required even had the doctor made a correct diagnosis. * A patient’s illness is misdiagnosed, but the patient is prescribed medication that cures the actual medical condition. * A patient receives an excessive dose of medication, but suffers no ill effect or other medical consequence from the error. PRESENTED BY : YASH N. ANGHAN

15. INFORMED CONSENT Patient should be informed about possible risks of the procedure Professional should carefully explain abuot the consent form Patient is bound to well understood and sign to start procedure If professional fails to sign consent patient can file a malpractice lowsuit against profesional for even considerable risk or harm happens to him Even in case of signed consent patient can file a lowsuit against unexpected harm or injury occurs to him Even patient can file a lowsuit If professional got his sign on consent by any fraud Informed consent is a written form cum agreement that could be used to inform and signed by a patient about known risk of procedure that is being done PRESENTED BY : YASH N. ANGHAN

16. MEDICAL MAL-PRACTICE LAWSUITS NOTICE REQUIREMENT PRE-TRIAL SCREENING EXPERT WITNESS TESTIMONY DAMAGES CAPS STATUTE OF LIMITATIONS PRESENTED BY : YASH N. ANGHAN

17. COST OF LITIGATION $ 30,000 to $ 60,000 MEDICAL RECORDS REVIEW Medical and treatment record are submitted to the lowyers and chacked by medical professionals that could be used against either a patient or a proffesional to prove either the malpractice has not been occured or to prove malpractice in court PRESENTED BY : YASH N. ANGHAN

18. THANK YOU FOR SUPPORT

19. Glossary Circumstances : Unwanted Situations Negligent : Careless Negligence : Carelessness Omission : Error Accused : આરોપી Testimony : evidance Plaintiff : Prosecutor Scrutinized : Carefully studied PRESENTED BY : YASH N. ANGHAN Attorney fees : fees of lowyer Caps : Compensation Statute : Law Preponderance : Primacy Litigation/ lowsuit : Court proceedings
Daunting : Difficult
Alleged : Assumed