Question

1. Define res ipsa loquitur and discuss a specific case history example. Please provide the reference citation (APA, 6th ed.).

Identify the four D's of negligence for the physician.

List ten ways to prevent malpractice.

Identify and explain the three types of damage rewards.

Answer 1

1. Res ipsa loquitor is a latin phrase. It means the thing speaks for itself. It is a doctrine of law which states that one is presumed to be negligent if that person had an exclusive control on the things or situation that caused the injury even if there is no specific evidence of an act of negligence, and without negligence the accident would not have happened.

For eg, a patient under anesthesia had nerve damage in arm. The patient is unaware that who caused the nerve damage as many healthcare members were involved in the operation. So according to Res Ipsa loquitur everyone associated with the surgical procedure is responsible for nerve damage.

2. Four Ds of negligence for physician are duty, dereliction, damage and direct cause.

3. Ten ways to prevent malpractice are :

• Maintain a positive relation with the patient
• Review the patients charts, diagnostic tests and other medical records prior to patient visit
• Review patient’s medical records should be thoroughly and attentively
• Timely follow up with the patients
• Clear and effective communication with the patient
• Ensure that the patient is fully able to understand the medical condition, treatment and medical procedures. Give time to patient to understand the things
• Maintain a good feedback system : listen to feedbacks from patient and take with a positive attitude
• Always maintain all medical records and billing records up to date.
• Keep learning and educating yourself about new advances in medical sciences and technology.
• While practicing medicine always stick and abide by all the medical policies and laws.

4. Three types of damages reward are :

- general : compensation for non-economic loss such as emotional distress, pain and sufferings

- special : compensation for economic loss such as medical expenses, loss of job or earnings, property damage.

- punitive : compensation in the form of punishment caused due to negligent and reckless behaviour of defendant.