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Malpractice News
Consumers Unlikely To Engage In Protective Behaviors To Prevent Medical Errors
About 42 percent of the U.S. public says either they or a family member has experienced a medical error. Although the public has been provided with actions they can take to protect themselves against medical errors, consumers are unlikely to engage in very many of them, according to a study supported by the Agency for Healthcare Research and Quality (HS11500). Consumers with more self-efficacy (confidence in their ability to prevent medical errors), however, indicate that they would be more likely to take preventive action.
Researchers asked 195 consumers (predominantly white with an average age of 42) in Oregon how serious the problem of patient safety was, how effective recommended actions in protecting against errors were, and how likely they were to engage in the recommended actions. Overall, 27 percent of consumers thought that patient safety was not a serious problem, while only 23 percent thought that medical errors were not a serious problem, even though both refer to the same topic.
Consumers viewed most of the recommended actions as highly effective, especially long-standing recommendations such as choosing a surgeon based on surgical experience and making sure the doctors know about prescription drugs the patient is taking. Newer recommendations were perceived as less effective, such as choosing a hospital that has a computer system for tracking each patient's medications. Consumers were less likely to take actions that required them to question medical professionals about their judgment, for example, having the surgeon mark where the surgery will be, even though they thought this questioning might help protect them from harm.
You still have rights even if you signed a consent form
A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.
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Definition:
Is any "physical abuse, neglect, financial abuse, abandonment, isolation, abduction or other treatment with resulting in physical harm or pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering
Assumption of risk
Definition:
In the law of negligence, as a defense, a defendant's allegation that the injured plaintiff recognized the danger of the plaintiff's course of action but, nonetheless, willingly chose to risk such danger.
Medical Practice Act
Definition:
A statute of a US state or jurisdiction that outlines the scope of practice for physicians and the responsibility of the medical board to regulate that practice. The primary responsibility and obligation of a state medical board is to protect the public through proper licensing and regulation of physicians and, in some jurisdictions, other health care professionals.
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