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ASHRM CPHRM Exam - Topic 1 Question 9 Discussion

When conducting an investigation of a liability claim, which of the following steps should be included?providing the RCA to the insurance companydetermining the applicable standard of careassessing the applicable legal principlesobtaining an incident report from the claimant
C) 2 and 3 only
A) 1 and 2 only
B) 1 and 4 only
D) 3 and 4 only

ASHRM CPHRM Exam - Topic 1 Question 9 Discussion

Actual exam question for ASHRM's CPHRM exam
Question #: 9
Topic #: 1
[All CPHRM Questions]

When conducting an investigation of a liability claim, which of the following steps should be included?

providing the RCA to the insurance company

determining the applicable standard of care

assessing the applicable legal principles

obtaining an incident report from the claimant

Show Suggested Answer Hide Answer
Suggested Answer: C

According to Health Care Risk Management standards established by ASHRM and the American Hospital Association Certification Center, investigation of a liability claim requires careful evaluation of both clinical and legal components. Determining the applicable standard of care is essential to assess whether the provider's actions met accepted professional practice. This typically involves review of medical records, consultation with clinical experts, and comparison to established guidelines or customary practices within the specialty.

Assessing applicable legal principles is also critical. This includes analysis of duty, breach, causation, and damages, as well as jurisdiction-specific statutes of limitation, comparative negligence standards, and evidentiary considerations. Understanding the legal framework allows the risk manager to evaluate exposure and advise counsel appropriately.

Providing a root cause analysis to the insurance company may compromise privilege protections, depending on jurisdiction and policy structure. RCA documents are often protected under peer review or patient safety statutes and should not be disclosed without legal guidance. Obtaining an incident report from the claimant is not appropriate, as internal incident reports are generated by the organization and are not requested from claimants.

Claims and litigation objectives emphasize structured legal and clinical evaluation. Therefore, determining the standard of care and assessing applicable legal principles are required investigative steps.


Contribute your Thoughts:

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Denise
5 hours ago
Wait, are we really not including the RCA? That seems odd.
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Bulah
5 days ago
I think obtaining an incident report is crucial too!
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Alesia
11 days ago
You definitely need to assess the applicable legal principles.
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Paola
16 days ago
I feel like options 3 and 4 make sense together, but I can't recall if the RCA is always included in these steps.
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Ruthann
2 months ago
I’m a bit confused about the incident report. Is obtaining it from the claimant really necessary for the investigation?
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Alaine
2 months ago
I remember a practice question where we had to assess legal principles, so I feel like options 2 and 3 might be the right choice here.
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Rodolfo
2 months ago
I think determining the applicable standard of care is definitely important, but I'm not sure if we need to provide the RCA to the insurance company.
upvoted 0 times
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