Charleston was charged for damages. The hospital tried to claim “charitable immunity”. This case actually did away with charitable immunity. That’s why if you carry auto insurance with minimal coverage and you get in a bad accidents, the victim sues for damages beyond what your coverage is, you must pay what the insurance company won’t pay. However, now days, there is a cap for physicians’ payout when liable.
Loss = any damage to person, property, or rights – can be loss of physical, cognitive, emotional, wrongful death, or financial loss.
ANY occurrence = loss
Methods to assess risk and financial impact: Occurrence screening Incident reports Patient satisfaction surveys – dissatisfied, but not confrontational face to face. Use survey to help alert us to certain risks. Results in PI activities Medical Staff minutes – occurrences and incidents may end up in a peer review. Minutes will show discussion of these events. Minutes can identify risks. Infection control reports
Used a peer review. Health record can defend healthcare facility against malpractice or support the patient’s claim of negligence.
See handout. This is a plain, non-detailed form. THIS IS NEVER TO BE PUT IN THE MEDICAL RECORD! This form may be subpoenaed, but is not part of the medical record as a whole. This form helps legal counsel assess liability.
Although the incident/event report is not filed in the medical record, a general description the “something occurred” is documented. The detailed form is sent to RM.
Risk manager is particularly active in this area. Actually, the “risk control component” of risk management.
Equipment that malfunctions and results in pt harm or death is a huge issue
This is RISK FINANCING. Medical Malpractice – liability insurance required for all medical staff. Commercial – for liability; for hazards and malpractice Self – for profit facilities can look into this arrangement Settling out of court – saves court costs; in addition, patient advocates are hired. (job opening posted) The impetus for patient advocate use is financial. “De-fuse” patient to lower risk.
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