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