Ethics Chapters 4,5,6,8,9,16

Front 1

Legal or civil wrong committed by one person against the person or property of another

Back 1

Tort Law

Front 2

There are 5 types of Tort Law, what are they?

Back 2

1. Intentional Torts
2. Unintentional Tort (Negligence)
3. Omission
4. Commission
5. Strict Liability

Front 3

Failure to perform a clinical action at the reasonable and acceptable standards of the profession with the result of harm to the patient

Back 3

Malpractrice (Unintentional Tort); Negligence

Front 4

Negligence in providing medical care

Back 4

Medical Malpractice

Front 5

Chemical thermometers that are disposable plastic strips are used for what two methods of assessment?

Back 5

forehead and Abdomen

Front 6

Negligence that does not involve patient care

Back 6

Standard (Ordinary) Negligence

Front 7

Legally obligated to pay for the injuries caused

Back 7

Liable (Malpractrice)

Front 8

What are some characteristics of statues of limitation (name 4)?

Back 8

1. Legal time during which a civil suit must be filed
2. Differs from State to State
3. Differs for a tort and contract
4. Usually 1 to 10 years

Front 9

An obligation that one owes to another person

Back 9

Duty

Front 10

Agreements that the law will enforce in some way

Back 10

Contract Law

Front 11

Contract Law can be either ____ or ____

Back 11

Implied or Expressed

Front 12

The degree of care that a reasonably prudent professional should exercise

Back 12

Standard of Care

Front 13

This is required to show professional negligence

Back 13

Expert Testimony

Front 14

The thing speaks for itselt

Back 14

Res Ipsa Loquitur

Front 15

The employer is liable for the wrongful acts of an employee if the employee was acting within the scope of his or her employment

Back 15

Respondeat Superior

Front 16

Plaintiff's negligent actions or omissions have contributed to his or her own injury

Back 16

Contributory Negligence

Front 17

This is when the Burden of proof shifts to the defendant

Back 17

Res Ipsa Loquitur

Front 18

In this type of tort the plaintiff may recover damages with no physical harm

Back 18

Intentional tort

Front 19

In this type of tort the defendant is totally responsible and personally liable

Back 19

Intentional tort

Front 20

In this type of tort there may be punitive damages and actual damages

Back 20

Intentional tort and Unintentional tort

Front 21

Threatening to do bodily harm to another

Back 21

Assault

Front 22

Committing bodily harm; can be civil or criminal

Back 22

Battery

Front 23

This is making a false statement that harms an individual's reputation and involves communication to a third person

Back 23

Defamation

Front 24

There are 2 ways to commit Defamation

Back 24

Libel
Slander

Front 25

These 4 things are a characteristic of what?
-Criminal conduct
-Unfit to conduct business
-Venereal or other loathsome and communicable disease
-Sexual misconduct

Back 25

Slander Per Se

Front 26

The use of any person's name or likeness for adverting purposes or other financial benefit without that person's consent

Back 26

Appropriation

Front 27

This is intrusion upon seclusion, appropriation, Publicity of private life,and False light

Back 27

invasion of privacy

Front 28

Telling and intentional untruth for the purpose of inducing another person to rely on the falsehood and to surrender something of value

Back 28

Fraud or Intentional Misrepresentation

Front 29

what are the requirements of Consent?

Back 29

Implied
Expressed

Front 30

this type of consent is required if treatment is going to be more than one year

Back 30

written (expressed consent)

Front 31

This type of test of causation is what a reasonable patient would have done

Back 31

Objective test

Front 32

This type of test of causation is what a particular patient would have done

Back 32

Subjective test

Front 33

T/F A patient/plaintiff who proves a violation of the duty to disclose can recover all proximately caused damages, including nonphysical damages and physical damages

Back 33

True

Front 34

What is this definition: " Language that is not sufficiently specific to allow a person to determine its exact meaning"

Back 34

Overbroad language

Front 35

This is an agreement of the parties to the terms of a contract and an offer and acceptance must transpire

Back 35

Mutual assent

Front 36

What is it when one party give up something of value and the other party makes a promise, as part the bargain, exchange for that something of value

Back 36

Consideration

Front 37

To have legal capacity, the parties must be at least the age of majority of what age?

Back 37

18 or 21 depending on the jurisdiction of the state.

Front 38

A reasonable time period of what should be available to the patient for emergency services and an opportunity to secure the services of another health professional

Back 38

30 to 60 days

Front 39

Responsibility for a breach of duty

Back 39

Liability

Front 40

malpractrice includes_____conduct of all professional individuals.

Back 40

Negligent

Front 41

Remumeration awarded to a plaintiff that is greater than actual damages suffered. These damages are designed to punish the defendant for egregious behavior

Back 41

Punitive Damages

Front 42

Most jurisdictions do not allow what type of damages for breach of contract suits?

Back 42

Punitive Damages

Front 43

What are the 4 elements that must be proven to recover for negligent malpractice?

Back 43

1. Duty of care was owed
2. Healthcare provider breached the Duty
3. Patient suffered injury
4. Injury was caused by substandard care

Front 44

If you: violate a duty as a professional you could be held liable under what 3 legalities?

Back 44

1. Common Law
2. Statute
3. Contract

Front 45

What online database is the largest database that provides the latest patient treatment information?

Back 45

MEDLINE
( indexed by National Library of Medicine)

Front 46

A party intending to use a expert witness must:

Back 46

1. Qualify the witness (skills, knowledge, experience, training or education)
2. Convince the court that witness will assist in deciding facts and evidence
3. Provides correlation b/t expert's opinion and the facts

Front 47

What doctrine is used to establish negligence by circumstantial evidence?

Back 47

Res ipsa loquitur

Front 48

The plaintiff must show the existence of 3 conditions in order to utilize the Res Ipsa Loquitur: The injury must:

Back 48

1. be of a type that does not normally occur unless there has been negligence
2. Cause by an agency or instrumentally under the exclusive control of the defendant
3. Not be due to the plaintiff's contributing to his or her own injury in any way.

Front 49

What are the four exceptions to require Slander per se?

Back 49

1.Statements that charge the plaintiff in criminal conduct(must be a major crime punishable by imprisonment)
2. Statements alleging the plaintiff unfit
3. Statements alleging the plaintiff has a venereal or other communicable disease
4. Statements charging the plaintiff engaged in serious sexual misconduct

Front 50

What are the two categories for liability for infliction of mental distress?

Back 50

1. Intentional outrageous conduct (no physical consequence required)
2. negligent conduct--can be intentional or negligent but not outrageous (this does require physical symptoms)

Front 51

What are the 3 business torts that protect certain business interests:

Back 51

1. Injurious falsehood
2. interference with contract
3. Interference with prospective advantage

Front 52

This tort protects one against false statements made against one's business, product, and property; Defamation that cause actual damage

Back 52

Injurious falsehood

Front 53

A wrongful act committed in the course of business

Back 53

Business tort

Front 54

The termination of an employee from his or her job on the basis of reasons that violate the, law, such as race, age, or religion

Back 54

Wrongful Discharge

Front 55

What are the 3 exception to wrongful discharge:

Back 55

1. violation of public policy
2. Terms of the employee manual
3. All contracts include the covenant of good faith and fair dealing

Front 56

Permission that is inferred from the behavior of the parties rather than written or spoken; It is based on conduct

Back 56

Implied consent

Front 57

this type of consent is usually valid when an emergency situation exist

Back 57

Implied consent (includes examinations, diagnosis, and consultation.

Front 58

T/F a consent can be acquired by telephone

Back 58

True

Front 59

What are the 3 elements that must be present for a legally enforceable contract to exist?

Back 59

1. mutual assents
2. considerations
3. legal capacity

Front 60

T/F The healthcare professional must complete all treatment started, even if the patient is not paying for services.

Back 60

True

Front 61

What are duties of a patient? (name 5)

Back 61

1. keeping scheduled appointments
2. following instructions regarding meds.
3. Reporting accurate health status
4. Pay reasonable fees for services
5. Respecting rights of other patients

Front 62

The 3 Remedies for a breach of contract are?

Back 62

1. Expectancy damages- money award as compensation for injury
2. Restitution damages--the value in money of performance rendered
3. Reliance damages--Usually the value of contract

Front 63

Bias against a person or group on a basis of race, gender, religion, age, physical infirmity, or sexual preference.

Back 63

Discrimination

Front 64

A condition that incapacitates an individual in some manner; an impairment that renders a person unable to work for an extended period of time

Back 64

Disability

Front 65

What three Acts were created by congress to prohibit discrimination?

Back 65

1. Equal Employment Opportunity Act and the American with Disability
2. American with Disabilities Act (ADA)
Rehabilitation Act of 1973 and Americans with Disabilities Act

Front 66

Which Anti Discrimination Act has affirmative action?

Back 66

ADA ( American Disabilities Act)

Front 67

What are the two anti discrimination acts that prohibit discrimination based solely on the disability of a qualified Individual?

Back 67

1. ADA
2. section 504 of the Rehabilitation Act of 1973

Front 68

the practice of refusing to make mortgage loans or issue insurance policies to specific individuals or in specific areas, without regard to qualification of the applicant.

Back 68

Redlining

Front 69

What is the term: inducing homeowners to sell by making representations that minority persons are entering the neighborhood to live

Back 69

Blockbusting

Front 70

What is the term: directing the home seekers to a particular areas to maintain homogeneity of an area or to create a situation in which homeowners to sell their property

Back 70

Steering

Front 71

What acts were passed by congress to stop Redlining, blockbusting, and steering?

Back 71

1. Federal Fair housing Act of 1968
2. Home Mortgage Disclosure Act of 1975

Front 72

Which Act provides federal financing for construction and expansion of Healthcare facilities?

Back 72

Hill-Burton Act Act

Front 73

What act is the most significant federal statue outlawing age discrimination in employment

Back 73

Age Discrimination in Employment Act (ADEA)

Front 74

What age does the person at least have to be to commence a civil action for legal relief for age discrimination under the ADEA (Age Discrimination Employment Act)

Back 74

40 years

Front 75

What title is sexual harassment under?

Back 75

Title 7

Front 76

FMLA (family and Medical Leave Act) is overseen and enforced by who?

Back 76

United States Department of Labor (DOL)

Front 77

under the pregnancy dicrimination act an employer may not:

Back 77

1. Refuse to hire if pregnant
2. Refuse to promote if pregnant
3. Fire if pregnant

Front 78

The ADA ( American Disability Act) was established by who?

Back 78

EEOC ( Equal Employment Opportunity Commission)

Front 79

Under what act does employers have to reasonably accommodate disabled employees unless doing so creates and "undue hardship"

Back 79

ADA (American Disability Act)

Front 80

An employer can fire an employee at any time for any reason, as long as it is not an illegal reason (for example based on the employee's membership of protected class--age, sex, race etc.)

Back 80

"At Will"

Front 81

what notice requirements are posted in a common area of a work place?

Back 81

1. worker's comp
2. Fair employment practices
3. Maternity leave
4. Regulation of minor employees
5. Fire code information
6. State discrimination statutes

Front 82

Under what act is any full-time employee over 21yrs of age who has worked for the same employer for 1 year must be allowed to participate in the pension plan if one exist?

Back 82

Employee Retirement Income Security Act of 1974

( retirement benefits are not require to be provided by employer; maximum vesting period of 7 years)

Front 83

What type of worker's comp is this:
- each state requires a waiting period of 3 -7 days
- Based on wages and is calculated at 1/2 - 2/3 of the employee's average weekly pay

Back 83

Type I ( Unscheduled Benefits)

Front 84

What type of worker's comp is this:
- Provided by state for specific physical injuries, such as eye, arm, leg. etc.
- A certain sum of money for each injury for a specified number of weeks

Back 84

Type II ( Scheduled Benefits)

Front 85

What type of expenses coverage does worker's comp provide?

Back 85

Income and medical

(employee is covered as soon as hired; the employer must provide coverage even with only one employee)