What are the two types of damage?
Non-economic and economic
What are some examples of higher tier non-economic damage?
- Loss of ability to procreate
- Brain injury w/ loss of cognitive ability
- Injury w/ loss of motor abilities
Is there a cap to economic damages?
No
What is the difference between Late entry vs record alteration?
Record alteration: Altering a document after you receive the Notice of Intent (illegal)
Late Entry: Altering a document after the patient encounter Before receiving a Notice of intent (legal)
What has the largest percentage of claims in lawsuits?
Inaction
What is the statute of limitations when serving a notice of intent?
2 years; Wrongful death = 5 years
Discuss the Notice of Intent
- Legal document the attorney writes
2. Gives extra 182 days in which to file suit on top of the 2 years.
What must be in a Notice of Intent?
- Alleged applicable standard of care
- How the standard of care was allegedly breached
- What the healthcare professional should have done
- How the alleged breach caused the injuries
What must the plantiff and the defendant do after a Notice of Intent is sent?
• Plaintiff: must file an Affidavit (“aff-a-dave-it”) of Meritorious Claim (the suit) executed by a qualified expert
o Comes after the Notice of Intent
• Defendant: must file an Affidavit of Meritorious Defense w/in 91 days of service (being served) also executed by a qualified expert
Who qualifies as a Medical expert?
Must satisfy all
- Must practice at least a year prior to alleged malpractice
- Must have same board certifications and specialty
Who does not qualify as a medical expert in MI?
PA’s, nurses and nurse practitioners.
Is an expert required in a general liability/negligence suit?
No
When must patient-physician relationship be breached?
- Child abuse
- Elderly abuse
- Assault with a Deadly weapon
