aspects of nurse anesthetist practice麻醉护士医疗法律方面课件

Medical-Legal Aspects of Medical-Legal Aspects of Nurse Anesthetist PracticeNurse Anesthetist Practice Jeffrey Groom, PhD, CRNA, ARNP FIU Anesthesiology Nursing Program Reference Resources Ch 4 Legal Issues in Nurse Anesthesia by Nagelhout and Plaus A Professional Study and Resource Guide for the CRNA Chapters 5,6,7 AANA General Counsel Gene Blumenreich, JD AANA Legal Briefs Newsletter/Journal/AANA Web RESOURCES Legal Briefs Lecture does not constitute legal advice and does not substitute for the services of an licensed attorney Medical-Legal Aspects of Nurse Anesthetist Practice Relationship of Medicine report or copies of records to be furnished. (4) Any health care practitioner licensed by the department or a board within the department who makes a physical or mental examination of, or administers treatment or dispenses legend drugs to, any person shall, upon request of such person or the persons legal representative, furnish, in a timely manner, without delays for legal review, copies of all reports and records relating to such examination or treatment, including X rays and insurance information. Anesthesia Record 766.204 Availability of medical records for presuit investigation of medical negligence claims and defenses; penalty.- (1) Copies of any medical record relevant to any litigation of a medical negligence claim or defense shall be provided to a claimant or a defendant, or to the attorney thereof, at a reasonable charge within 10 business days of a request for copies, except that an independent special hospital district with taxing authority which owns two or more hospitals shall have 20 days. It shall not be grounds to refuse copies of such medical records that they are not yet completed or that a medical bill is still owing. Anesthesia Record Identification, Transfer provided that the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence. However, the limitation of actions herein for professional malpractice shall be limited to persons in privity with the professional. (b) AN ACTION FOR MEDICAL MALPRACTICE shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the childs eighth birthday. Medical Malpractice Liability and Litigation Presuit process Redefines “health care provider” for those subject to presuit procedural requirements. Revises statutory criteria for who may be qualified to offer presuit corroborating medical expert opinions and expert witness testimony. Makes presuit medical expert opinions discoverable. Prohibits contingency fee agreements for expert witnesses. Requires attorneys to certify that expert witnesses are not guilty of fraud or perjury. Requires a claimant to execute a medical information release. Specifies potential sanctions if parties fail to cooperate with presuit investigations. Requires medical review panels for use during the presuit process. Litigation Process Suit Requires claimants to provide AHCA with a copy of a complaint against a hospital or ambulatory surgical center licensed under ch. 395, F.S. Requires settlement forms to include boilerplate language regarding the implication of a decision to settle. Requires specific itemization of damages, as part of a verdict for medical malpractice actions, to include break-out for future losses. Litigation Process Caps on noneconomic damages in an action for personal injury or wrongful death arising from medical negligence For an injury other than a permanent vegetative state or death, noneconomic damages are capped at $500,000 from each practitioner defendant and $750,000 from a nonpractitioner defendant. However, no more than $1 million and $1.5 million can be recovered from all practitioner defendants and all nonpractitioner defendants, respectively, regardless of the number of claimants. For an injury that is a permanent vegetative state or death, noneconomic damages are capped at $1 million and $1.5 million from practitioner defendants and nonpractitioner defendants, respectively, regardless of the number of claimants. For any type of injury resulting when a practitioner provides emergency services in a hospital or life support services including transportation, provided there is no pre-existing health care patient-practitioner relationship, noneconomic damages are capped at $150,000 per claimant but cannot exceed $300,000, regardless of the number of claimants or practitioner defendants. This cap only applies to injuries prior to the patient being stabilized. Litigation Process Sutherlin v. Fenenga - 810 P. 2d 353 Liability of Anesthesiology Liability of Anesthesiology The Anesthetist as a Witness Factual Testimony vs. Opinion Testimony Facts of the Case Legal Theories of the Case Courtroom Procedure Swearing in and qualifying a witness Direct Examination Cross Examination Witness as a Defendant Anesthesia Products Liability Respondent Superior Titanic General Hospital Captain of the Ship Minimizing Exposure to Liability Risk Management Preanesthesia Evaluation Informed Consent Anesthesia Record Patient Care Anesthesia Monitoring Postanesthesia care Professional Liability Insurance Ins