PROFESSIONALISM FINAL EXAM
are malpractice lawsuits against NPs rare but can do financial and emotional harm? - yes
how many years do you have to file a malpractice case? - 4 years
does there have to be harm and deviation from standard of care for malpractice? - yes
what are the most frequent malpractice that occurs in NPs? - failure to diagnose
delayed diagnosis
diagnostic related
what are these examples of:
o Lawsuits can be brought against wrong person, or claim can be unfounded
o Suits may feature NP only because NP is part of medical practice being sued
o Only lawsuits featuring a damage award are required to be reported to the National Practitioner Data
Bank (NPDB)
o Unsuccessful lawsuits filed against NPs are difficult to track? - things to consider with malpractice
do you have to prove 4 points to have a malpractice case? - yes, you have to meet 3 of the 4 criteria
what are the 4 points a plaintiff in a malpractice suit must prove? - NP owed plaintiff a duty
NPs conduct fell below the standard of care
NPs conduct caused the plaintiff injury
plaintiff was injured
,what are these examples of:
§ NP owed plaintiff a duty
§ NP's conduct fell below the standard of care
§ NP's conduct caused the plaintiff injury
§ Plaintiff was injured? - 4 points to have a malpractice case
what are these examples of:
duty
causation of injury
injury? - elements of malpractice
what are the different elements of malpractice? - duty
causation of injury
injury
what element of malpractice is relationship established, giving advice, and unclear roles? - duty
what is the standard of care for NPs? - reasonable care
equal to MD
expert witness may testify
what element of malpractice is when a breach of standard of care must have cause injury to the plaintiff
and provider can be extremely negligent yet may not be the cause of injury? - causation of injury
,what element of malpractice is when a casual relationship must exist between standard of care and
injury for malpractice to exist? - injury
what is the failure of a professional to exercise that degree of skill and learning commonly applied by the
average, prudent, reputable member of the profession and is typically bad judgement or not acting
prudently? - malpractice
what is the predominant legal theory of malpractice, failure to refer, failure to follow up, failure to
disclose medically necessary information to a patient, and failure to give the necessary medical care, and
it is the failure to act in a reasonable way and it can lead to a malpractice suit? - negligence
what are these examples of:
diagnosis related
medication related
medical treatment related
wrong order
obstetric related
surgery related
monitoring related
failure or delay in referral or consultation allegations? - common reasons why APRNs are charged with
malpractice
what are the common reasons why APRNs are charged with malpractice? - diagnosis related
medication related
medical treatment related
wrong order
obstetric related
, surgery related
monitoring related
failure or delay in referral or consultation allegations
what are the 3 different types of malpractice insurance? - claims made
occurence insurance
tail coverage
what are these examples of:
claims made
occurance insurance
tail coverage? - malpractice insurance
what type of malpractice insurance policy is the NP covered only when the insurance policy is active and
NPs should keep such insurance even after they retire or leave the profession to provide protection
against suits for incidents in years past (tail)? - claims made
what malpractice insurance covers any incident that occurs while the NP was insured? - occurance
insurance
what malpractice insurance is an extended reporting period endorsement offered by a NP's current
malpractice insurance carrier, which allows an insured NP the option to extend coverage after the
cancellation or termination of a claims made and it is not cheap? - tail coverage
does credentialing and licensure for prescriptive authority occur at a state level? - yes
are malpractice lawsuits against NPs rare but can do financial and emotional harm? - yes
how many years do you have to file a malpractice case? - 4 years
does there have to be harm and deviation from standard of care for malpractice? - yes
what are the most frequent malpractice that occurs in NPs? - failure to diagnose
delayed diagnosis
diagnostic related
what are these examples of:
o Lawsuits can be brought against wrong person, or claim can be unfounded
o Suits may feature NP only because NP is part of medical practice being sued
o Only lawsuits featuring a damage award are required to be reported to the National Practitioner Data
Bank (NPDB)
o Unsuccessful lawsuits filed against NPs are difficult to track? - things to consider with malpractice
do you have to prove 4 points to have a malpractice case? - yes, you have to meet 3 of the 4 criteria
what are the 4 points a plaintiff in a malpractice suit must prove? - NP owed plaintiff a duty
NPs conduct fell below the standard of care
NPs conduct caused the plaintiff injury
plaintiff was injured
,what are these examples of:
§ NP owed plaintiff a duty
§ NP's conduct fell below the standard of care
§ NP's conduct caused the plaintiff injury
§ Plaintiff was injured? - 4 points to have a malpractice case
what are these examples of:
duty
causation of injury
injury? - elements of malpractice
what are the different elements of malpractice? - duty
causation of injury
injury
what element of malpractice is relationship established, giving advice, and unclear roles? - duty
what is the standard of care for NPs? - reasonable care
equal to MD
expert witness may testify
what element of malpractice is when a breach of standard of care must have cause injury to the plaintiff
and provider can be extremely negligent yet may not be the cause of injury? - causation of injury
,what element of malpractice is when a casual relationship must exist between standard of care and
injury for malpractice to exist? - injury
what is the failure of a professional to exercise that degree of skill and learning commonly applied by the
average, prudent, reputable member of the profession and is typically bad judgement or not acting
prudently? - malpractice
what is the predominant legal theory of malpractice, failure to refer, failure to follow up, failure to
disclose medically necessary information to a patient, and failure to give the necessary medical care, and
it is the failure to act in a reasonable way and it can lead to a malpractice suit? - negligence
what are these examples of:
diagnosis related
medication related
medical treatment related
wrong order
obstetric related
surgery related
monitoring related
failure or delay in referral or consultation allegations? - common reasons why APRNs are charged with
malpractice
what are the common reasons why APRNs are charged with malpractice? - diagnosis related
medication related
medical treatment related
wrong order
obstetric related
, surgery related
monitoring related
failure or delay in referral or consultation allegations
what are the 3 different types of malpractice insurance? - claims made
occurence insurance
tail coverage
what are these examples of:
claims made
occurance insurance
tail coverage? - malpractice insurance
what type of malpractice insurance policy is the NP covered only when the insurance policy is active and
NPs should keep such insurance even after they retire or leave the profession to provide protection
against suits for incidents in years past (tail)? - claims made
what malpractice insurance covers any incident that occurs while the NP was insured? - occurance
insurance
what malpractice insurance is an extended reporting period endorsement offered by a NP's current
malpractice insurance carrier, which allows an insured NP the option to extend coverage after the
cancellation or termination of a claims made and it is not cheap? - tail coverage
does credentialing and licensure for prescriptive authority occur at a state level? - yes
