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Medical Legal/CQIJim Simonson, Professor
Branches of Government and Lawsuits
Branches of Government Executive
FDA OSHA FEMA DEA DHHS CDC Public Health
EMS Boards
Legislative Senate and House Creates and Enacts Laws
Direct regulation 4765.114 Certificate automatically suspended for certain offenses. (A) A certificate to practice emergency medical services issued under this
chapter is automatically suspended on the certificate holder’s conviction of, plea of guilty to, or judicial finding of guilt of any of the following: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated burglary, aggravated robbery, or a substantially equivalent offense committed in this or another jurisdiction. Continued practice after the suspension is practicing without a certificate.
(B) If the state board of emergency medical services has knowledge that an automatic suspension has occurred, it shall notify, in accordance with section 119.07 of the Revised Code, the certificate holder of the suspension and of the opportunity for a hearing. If timely requested by the certificate holder, a hearing shall be conducted in accordance with section 4765.115 of the Revised Code.
Effective Date: 01-18-2007
Legislative Some laws ‘delegated’ to EMS Board
4765.15 Continuing education - approval and accreditation. A person seeking to operate an emergency medical services training program shall submit
a completed application for accreditation to the state board of emergency medical services on a form the board shall prescribe and furnish. The application shall be accompanied by the appropriate application fee established in rules adopted under section 4765.11 of the Revised Code.
A person seeking to operate an emergency medical services continuing education program shall submit a completed application for approval to the board on a form the board shall prescribe and furnish. The application shall be accompanied by the appropriate application fee established in rules adopted under section 4765.11 of the Revised Code.
The board shall administer the accreditation and approval processes pursuant to rules adopted under section 4765.11 of the Revised Code. In administering these processes, the board may authorize other persons to evaluate applications for accreditation or approval and may accept the recommendations made by those persons.
The board may cause an investigation to be made into the accuracy of the information submitted in any application for accreditation or approval. If an investigation indicates that false, misleading, or incomplete information has been submitted to the board in connection with any application for accreditation or approval, the board shall conduct a hearing on the matter in accordance with Chapter 119. of the Revised Code.
Effective Date: 11-03-2000
Judicial Interpret and enforce the policies and
procedures of the legislative and executive branches
Provide a safe and efficient forum to enforce laws and resolve disputes
Criminal Violation of a law Beyond a reasonable doubt Unanimous Punitive damages including incarceration
Civil Plaintiff suffered harm Preponderance of the evidence More than half for verdict Actual damages Punitive damages
Requires Gross Negligence Injunctions Cease and Desist
Cause of Action Gathering Data
Medical Records Protocols Interviews Standard of Care
Statute of Limitations 2305.113 Medical malpractice actions. (A) Except as otherwise provided in this section, an action upon a medical, dental,
optometric, or chiropractic claim shall be commenced within one year after the cause of action accrued.
(B)(1) If prior to the expiration of the one-year period specified in division (A) of this section, a claimant who allegedly possesses a medical, dental, optometric, or chiropractic claim gives to the person who is the subject of that claim written notice that the claimant is considering bringing an action upon that claim, that action may be commenced against the person notified at any time within one hundred eighty days after the notice is so given.
(2) An insurance company shall not consider the existence or nonexistence of a written notice described in division (B)(1) of this section in setting the liability insurance premium rates that the company may charge the company’s insured person who is notified by that written notice.
(C) Except as to persons within the age of minority or of unsound mind as provided by section 2305.16 of the Revised Code, and except as provided in division (D) of this section, both of the following apply:
(1) No action upon a medical, dental, optometric, or chiropractic claim shall be commenced more than four years after the occurrence of the act or omission constituting the alleged basis of the medical, dental, optometric, or chiropractic claim.
(2) If an action upon a medical, dental, optometric, or chiropractic claim is not commenced within four years after the occurrence of the act or omission constituting the alleged basis of the medical, dental, optometric, or chiropractic claim, then, any action upon that claim is barred.
Filing of the Complaint Answer
Within 28 days Soverign Immunity (can’t sue the King)
Not for private companies Dismissal request
Initial Interviews With YOUR attorney
Discovery All information shared between sides Interrogatories Depositions
Resolutions Mediation
Working together Arbitration
Person or Panel decides Settlement
Makes it ‘go away’ Trial
Judicial Oversight Summary Judgment
Only one reasonable option
Trial Procedure Stipulations Dismissal without prejudice
Can re-file Dismissal with prejudice
Party’s over Settlement at any phase prior to reading of
verdict
Trial Procedure Voir dire Opening Statements Plaintiff’s Case
Witnesses Direct Examination Cross Examination Re-Direct Examination Re-Cross Examination
Trial Procedure Directed Verdict
Not enough to prove Plaintiff’s side Defendant’s Case
Same process as for Plaintiff Closing Arguments
Trial Procedure Jury Instructions Deliberations Verdict Judgment Notwithstanding the Verdict (JNOV)
Decreases excessive damage awards Appeals process
Tell the truth Look Professional Understand the question Do not volunteer information Do not ‘fudge’ details
Read documents before answering Avoid ‘never’ or ‘always’ Do not express anger or argue Minimize conversations with attorney
during the procedures