How Strong Is Your Knowledge of Risks Relating to Medical Malpractice Lawsuits?

How Strong Is Your Knowledge of Risks Relating to Medical Malpractice Lawsuits?

Test Your Knowledge with Our Interactive Quiz!

As a healthcare professional, how knowledgeable are you about common risk issues that could result in you becoming involved in a malpractice lawsuit, state licensing board investigation, or HIPAA breach? It is important to increase your awareness of these issues to help protect your career and to keep your patients safe. Otherwise, your career, financial stability, and reputation could all be put at risk due to a misstep that could have been prevented.

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Thank you for taking our short quiz to test your knowledge of common healthcare risk management issues that may lead to a malpractice lawsuit. For each question, there is only one correct answer. Once you have completed the quiz, you can receive your results and learn more!

QUESTION 1

What is a poor communication strategy for healthcare providers to use when communicating with an angry patient?
Provide a private area for discussion, away from others. 
Ask the patient to clarify the issues, and then restate them in their own words. 
Aggressively threaten to get the police or security if the patient is acting in a hostile manner.
Objectively and carefully describe events (e.g., “The patient’s face was flushed and his hands were clenched,” rather than “The patient appeared to be angry.”)

Correct!

This is a poor communication strategy to diffuse a tense situation. While engaging police or security may be necessary in some scenarios if the patient is acting hostile, healthcare providers should not threaten to do so in an unprofessional manner. Instead, if police or security presence is required, immediately request assistance using a prearranged distress signal if a patient uses profanity, makes sexual comments, states that he or she is about to lose control, appears extremely tense or angry, or seems under the influence of alcohol or drugs.

This is a poor communication strategy to diffuse a tense situation. While engaging police or security may be necessary in some scenarios if the patient is acting hostile, healthcare providers should not threaten to do so in an unprofessional manner. Instead, if police or security presence is required, immediately request assistance using a prearranged distress signal if a patient uses profanity, makes sexual comments, states that he or she is about to lose control, appears extremely tense or angry, or seems under the influence of alcohol or drugs.

Following an adverse outcome, communication deficiencies are sometimes a contributing factor in a patient’s decision to initiate legal action against a healthcare provider. Communication problems may include poor listening skills, such as interrupting others in mid-sentence, finishing their sentences or changing the subject abruptly.


Another common issue is inappropriate body language, such as fidgeting, glancing around the room, looking at one’s watch or the clock, or otherwise exhibiting impatience. Other negative nonverbal traits include lack of eye contact, poor posture, inattentive or irritated facial expression, or crossed arms or legs, which may appear defensive to the patient. Fortunately, good communication skills, including the critical nonverbal aspect of communication, can be learned and improved through practice.

Incorrect!

Following an adverse outcome, communication deficiencies are sometimes a contributing factor in a patient’s decision to initiate legal action against a healthcare provider. Communication problems may include poor listening skills, such as interrupting others in mid-sentence, finishing their sentences or changing the subject abruptly.


Another common issue is inappropriate body language, such as fidgeting, glancing around the room, looking at one’s watch or the clock, or otherwise exhibiting impatience. Other negative nonverbal traits include lack of eye contact, poor posture, inattentive or irritated facial expression, or crossed arms or legs, which may appear defensive to the patient. Fortunately, good communication skills, including the critical nonverbal aspect of communication, can be learned and improved through practice.

QUESTION 2

Healthcare professionals should file an incident report whenever an unexpected event occurs, such as a patient fall.
Which of the following should not be included in the incident report?
The full names of those involved and any witnesses, as well as any information you have about how, or if, they were affected.
Suggested techniques that may prevent similar occurrences. 
Any follow-up communication with the patient or other providers.
Objective descriptions of what you observed upon arrival at the scene that led you to believe an incident had occurred.

Correct!

Opinions, finger-pointing, and conjecture are not helpful additions to an incident report.

An incident report should be filed whenever an unexpected event occurs, such as a patient fall in accordance with your employer’s policies and procedures. The rule of thumb is that when a patient makes a complaint, a device or piece of equipment malfunctions, or any party (patient, staff member, or visitor) is injured or involved in a situation with the potential for injury, an incident report is required. In determining what to include in an incident report and which details can be omitted, follow your employer’s guidelines and concentrate on the facts:

  • Describe what you saw when you arrived on the scene or what you heard that led you to believe an incident had occurred. Secondhand information should be placed in quotation marks, whether the source is a colleague, visitor, or patient, and clearly identify the source.
  • Include the full names of those involved and any witnesses, as well as any information you have about how, or if, they were affected.
  • Add other relevant details, such as your immediate response (calling for help, for example) and notifying the patient’s physician. Include any statement a patient makes that may help to clarify his state of mind, as well as his own contributory activities or actions.
  • Any follow-up communication with the patient or other providers.

Opinions, finger-pointing, and conjecture are not helpful additions to an incident report.

An incident report should be filed whenever an unexpected event occurs, such as a patient fall in accordance with your employer’s policies and procedures. The rule of thumb is that when a patient makes a complaint, a device or piece of equipment malfunctions, or any party (patient, staff member, or visitor) is injured or involved in a situation with the potential for injury, an incident report is required. In determining what to include in an incident report and which details can be omitted, follow your employer’s guidelines and concentrate on the facts:

  • Describe what you saw when you arrived on the scene or what you heard that led you to believe an incident had occurred. Secondhand information should be placed in quotation marks, whether the source is a colleague, visitor, or patient, and clearly identify the source.
  • Include the full names of those involved and any witnesses, as well as any information you have about how, or if, they were affected.
  • Add other relevant details, such as your immediate response (calling for help, for example) and notifying the patient’s physician. Include any statement a patient makes that may help to clarify his state of mind, as well as his own contributory activities or actions.
  • Any follow-up communication with the patient or other providers.

It’s equally important to know what does not belong in an incident report. Opinions, finger-pointing, and conjecture are not helpful additions to an incident report. Do not:​

  • Offer a prognosis.
  • Speculate about who or what may have caused the incident.
  • Draw conclusions or make assumptions about how the event unfolded.
  • Suggest techniques that may prevent similar occurrences. 

Keep in mind that entering your observations in the patient’s chart does not substitute for completing an incident report. In addition, completing an incident report is not a substitute for required documentation in the patient healthcare information record. Record clinical observations in the patient’s healthcare information record, not in the incident report. Do not reference the incident report in the patient healthcare information record. The report is a risk management or administrative document and is not part of the patient’s healthcare information record.

Incorrect!

An incident report should be filed whenever an unexpected event occurs, such as a patient fall in accordance with your employer’s policies and procedures. The rule of thumb is that when a patient makes a complaint, a device or piece of equipment malfunctions, or any party (patient, staff member, or visitor) is injured or involved in a situation with the potential for injury, an incident report is required. In determining what to include in an incident report and which details can be omitted, follow your employer’s guidelines and concentrate on the facts:

  • Describe what you saw when you arrived on the scene or what you heard that led you to believe an incident had occurred. Secondhand information should be placed in quotation marks, whether the source is a colleague, visitor, or patient, and clearly identify the source.
  • Include the full names of those involved and any witnesses, as well as any information you have about how, or if, they were affected.
  • Add other relevant details, such as your immediate response (calling for help, for example) and notifying the patient’s physician. Include any statement a patient makes that may help to clarify his state of mind, as well as his own contributory activities or actions.
  • Any follow-up communication with the patient or other providers. 

It’s equally important to know what does not belong in an incident report. Opinions, finger-pointing, and conjecture are not helpful additions to an incident report. Do not:​

An incident report should be filed whenever an unexpected event occurs, such as a patient fall in accordance with your employer’s policies and procedures. The rule of thumb is that when a patient makes a complaint, a device or piece of equipment malfunctions, or any party (patient, staff member, or visitor) is injured or involved in a situation with the potential for injury, an incident report is required. In determining what to include in an incident report and which details can be omitted, follow your employer’s guidelines and concentrate on the facts:

  • Describe what you saw when you arrived on the scene or what you heard that led you to believe an incident had occurred. Secondhand information should be placed in quotation marks, whether the source is a colleague, visitor, or patient, and clearly identify the source.
  • Include the full names of those involved and any witnesses, as well as any information you have about how, or if, they were affected.
  • Add other relevant details, such as your immediate response (calling for help, for example) and notifying the patient’s physician. Include any statement a patient makes that may help to clarify his state of mind, as well as his own contributory activities or actions.
  • Any follow-up communication with the patient or other providers. 

It’s equally important to know what does not belong in an incident report. Opinions, finger-pointing, and conjecture are not helpful additions to an incident report. Do not:​

  • Offer a prognosis.
  • Speculate about who or what may have caused the incident.
  • Draw conclusions or make assumptions about how the event unfolded.
  • Suggest techniques that may prevent similar occurrences. 

Keep in mind that entering your observations in the patient’s chart does not substitute for completing an incident report. In addition, completing an incident report is not a substitute for required documentation in the patient healthcare information record. Record clinical observations in the patient’s healthcare information record, not in the incident report. Do not reference the incident report in the patient healthcare information record. The report is a risk management or administrative document and is not part of the patient’s healthcare information record.

QUESTION 3

When it comes to communication between healthcare providers and their patients or clients, are e-mail communications always confidential? Can they be used against you in a malpractice lawsuit?
Yes, this communication is always confidential, and it cannot be used against you in a legal case.
No, this communication is not always confidential, and may be used against you in a legal case. 

Correct!

Communication may not always be confidential. For example, emails pertaining to client care, may be admissible in court as noted in the case study below

Communication between a healthcare provider and the patient or client may not always be protected. Read about this case study, in which a provider breached clinical, ethical and legal boundaries and standards of care by engaging in a personal and sexual relationship with his client. This case involved email communications that were not deemed confidential in a malpractice lawsuit. A risk management recommendation in response to this case is as follows:

Communication may not always be confidential. For example, emails pertaining to client care, may be admissible in court as noted in the case study below

Communication between a healthcare provider and the patient or client may not always be protected. Read about this case study, in which a provider breached clinical, ethical and legal boundaries and standards of care by engaging in a personal and sexual relationship with his client. This case involved email communications that were not deemed confidential in a malpractice lawsuit. A risk management recommendation in response to this case is as follows:

  • Maintain confidential client session documentation in a protected manner as part of the client's clinical record at least for the duration of the client's course of therapy/treatment or until the statute of limitations for litigation has expired. The use of e-mail or other public forms of communication related to client care may not be confidential and, as in this case, may be discoverable in the case of litigation.

Incorrect!

Communication between a healthcare provider and the patient or client may not always be protected. Read about this case study, in which a provider breached clinical, ethical and legal boundaries and standards of care by engaging in a personal and sexual relationship with his client. This case involved email communications that were not deemed confidential in a malpractice lawsuit. A risk management recommendation in response to this case is as follows:

Communication between a healthcare provider and the patient or client may not always be protected. Read about this case study, in which a provider breached clinical, ethical and legal boundaries and standards of care by engaging in a personal and sexual relationship with his client. This case involved email communications that were not deemed confidential in a malpractice lawsuit. A risk management recommendation in response to this case is as follows:

  • Maintain confidential client session documentation in a protected manner as part of the client's clinical record at least for the duration of the client's course of therapy/treatment or until the statute of limitations for litigation has expired. The use of e-mail or other public forms of communication related to client care may not be confidential and, as in this case, may be discoverable in the case of litigation.

QUESTION 4

When it comes to social media, there are precautions healthcare professionals should keep in mind to help safeguard patient data, as well as your career and reputation.
Which of the below options is a best practice for healthcare professionals when using social media?
Posting patient photos or videos or identifying patients by name
Referring to patients in a critical manner, even if the patients are not identified 
Sharing educational information that may benefit others, such as safety notices or medical news
Keeping your profiles public, and selecting low privacy and security settings for your accounts 

Correct!

This option represents a constructive use of social media where healthcare professionals can use their knowledge and position to share correct information and boost awareness with their online networks.

Social media has both pros and cons for the healthcare industry. With proper precautions, social media can be an asset for healthcare providers and businesses as a way of educating others, engaging with the community, and sharing updates. However, when misused, social media can put your patients and your career at risk—and may result in a HIPAA-related complaint or fine. Catch up on the top 10 social media dos and don’ts for healthcare professionals in this 
short video!Opens in a new window.

Incorrect!

Social media has both pros and cons for the healthcare industry. With proper precautions, social media can be an asset for healthcare providers and businesses as a way of educating others, engaging with the community, and sharing updates. However, when misused, social media can put your patients and your career at risk—and may result in a HIPAA-related complaint or fine. Catch up on the top 10 social media dos and don’ts for healthcare professionals in this 
short video!Opens in a new window.

QUESTION 5

As a healthcare professional, your job is all about helping your patients or clients. However, it’s important for healthcare professionals to maintain appropriate boundaries with patients and clients to avoid putting yourself at risk of legal action.
Which of the below represent inappropriate actions or behaviors with patients or clients?
Accepting gifts or giving gifts to a client or patient.
Becoming a business partner with a client or patient. 
Connecting with your clients or patients and their families on social media sites. 
Having an intimate or sexual relationship with a client or patient. 
All of the above.

Correct!

These are all red flag issues that represent crossing the line with patients or clients in a manner that is unprofessional and inappropriate.
To identify inappropriate behaviors with clients or patients, its important to understand the concept of boundary crossing. Clients or patients who do not respect professional boundaries present significant challenges to healthcare providers, such as putting yourself at risk for legal action related to inappropriate behavior. For additional information on the definition of boundary crossing, as well as prevention and mitigation strategies, please review this 
insightful article.Opens in a new window.
These are all red flag issues that represent crossing the line with patients or clients in a manner that is unprofessional and inappropriate.
To identify inappropriate behaviors with clients or patients, its important to understand the concept of boundary crossing. Clients or patients who do not respect professional boundaries present significant challenges to healthcare providers, such as putting yourself at risk for legal action related to inappropriate behavior. For additional information on the definition of boundary crossing, as well as prevention and mitigation strategies, please review this 
insightful article.Opens in a new window.
As a healthcare provider, you assume a position of trust and authority with your patients and clients, frequently becoming familiar with the most intimate and sensitive aspects of their lives. These relationships may become personal and potentially lead to an erosion of boundaries, confusion of roles, and/or incidents of abusive or exploitive behavior. All of the behaviors listed above constitute inappropriate boundary crossing and may result in legal consequences, such as a malpractice lawsuit or state licensing board complaint. All healthcare professionals should familiarize themselves with guidelines and ethical standards set forth by their employer and any governing organizations, including researching risk management control strategies to help prevent and mitigate innappropriate boundary crossing with patients and clients.

Incorrect!

To identify inappropriate behaviors with clients or patients, its important to understand the concept of boundary crossing. Clients or patients who do not respect professional boundaries present significant challenges to healthcare providers, such as putting yourself at risk for legal action related to inappropriate behavior. For additional information on the definition of boundary crossing, as well as prevention and mitigation strategies, please review this 
insightful article.Opens in a new window.
To identify inappropriate behaviors with clients or patients, its important to understand the concept of boundary crossing. Clients or patients who do not respect professional boundaries present significant challenges to healthcare providers, such as putting yourself at risk for legal action related to inappropriate behavior. For additional information on the definition of boundary crossing, as well as prevention and mitigation strategies, please review this 
insightful article.Opens in a new window.
As a healthcare provider, you assume a position of trust and authority with your patients and clients, frequently becoming familiar with the most intimate and sensitive aspects of their lives. These relationships may become personal and potentially lead to an erosion of boundaries, confusion of roles, and/or incidents of abusive or exploitive behavior. All of the behaviors listed above constitute inappropriate boundary crossing and may result in legal consequences, such as a malpractice lawsuit or state licensing board complaint. All healthcare professionals should familiarize themselves with guidelines and ethical standards set forth by their employer and any governing organizations, including researching risk management control strategies to help prevent and mitigate innappropriate boundary crossing with patients and clients.

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It is important to note that although this quiz highlights key potential risks that could lead to a malpractice lawsuit or other legal ramifications, it is not comprehensive. Other potential issues for healthcare professionals must be considered when working with patients, and many risks may be associated with specific healthcare professions. We encourage you to review our robust 
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 and prioritize your awareness of these risks in order to help safeguard your career and keep your patients safe.