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136 Cards in this Set
- Front
- Back
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What three branches make up the federal government?
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Legislative, Executive, Judicial
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The ..... & ......make up the legislative branch(congress)
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Senate & House of Representatives
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The Senate is comprised of .....per state and has .....seats
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2 & 100
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The House of Representatives is based on .....and is comprised of .....seats
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population & 435
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Members of the House of Representatives are elected for .....year terms and senators are elected for ....year terms
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2; 6
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What is the primary duty of Congress?
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Write, debate, & pass bills
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What are three other powers of Congress?
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1. Making laws regarding trade between U.S. and other countries 2.Make laws about taxes and borrowing money 3.Approving the printing of money |
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A rule or regulation issued by the president of the US that becomes law without the prior approval of Congress.
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executive order
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The president is the chief executive of the .......branch
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Executive
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The ......orders become law w/o approval of .......
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executive; Congress
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Who heads the judicial branch?
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Supreme Court
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What is the main duty of the judicial branch?
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Interprets & oversees laws (ex: judges)
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......governments also have 3 branches which are.....,.....,.....
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State; legislative, executive, judicial
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Those responsibilities not governed by the federal government are duties of the state
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legislative
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Governor is the head of the state
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Executive
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What are four types of laws?
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constitutional law, case law, statutory law, and administrative law
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law that derives from federal and state constitutions
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constitutional law
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law established through common law and legal precedent
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case law
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law passed by the U.S. Congress or state legislatures
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statutory law
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enabling statutes enacted to define powers and procedures when an agency is created
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administrative law
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the body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition
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common law
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decisions made by judges in various courts that become rule of law and apply to future cases, even though they were not enacted by legislation
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legal precedents
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........ ....... law is based on U.S. Constitution
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Federal constitutional law
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........ ....... law derives from state's constitution
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State constitutional
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Which branch has exclusive authority to declare war on another country?
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Legislative
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Legislative ...... laws Executive ...... laws Judicial......laws |
Writes Enforces Interprets |
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Which chamber of the U.S. Congress has exclusive authority to hold an impeachment trial?
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Senate
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What are 3 exclusive powers of the national government?
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Print money Declare ware Establish post offices |
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What are 3 exclusive powers of the national government?
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Issue licenses Conduct elections Establish local governments |
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Why do the highways throughout the U.S. state 60, 70, 80, and never 90?
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The Gov't mandates and says that if the speed limit for roads are below 70/80 then money will be provided. (If you do this then you will receive $$)
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What are the 6 classifications of law?
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substantive procedural criminal civil felony misdemeanor |
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Defines and regulates legal rights and obligations
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substantive law
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defines rules used to enforce substantive law
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procedural law
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law involving crimes against state
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criminal
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an offense punishable by death or by imprisonment in a state or federal prison for more than one year
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felony
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a crime punishable by fine or by imprisonment in a facility other than a prison for less than one year
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misdemeanor
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law involves wrongful acts against persons; ppl can sue another person, a business, or gov't
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civil
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The written law that says murder is a crime is an example of........ law
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criminal
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The law that says a law enforcement officer must read a prisoner his or her rights is an example of which type of law?
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Procedural
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One who contributes to or aids in the commission of a crime
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Accessory
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The laws that determine the rules for one person's suing of another are broadly classified as .....law
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Civil
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.......laws involves crimes against the state
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criminal
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Which two types of law are most likely to affect health care providers?
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Criminal & civil
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under criminal law, practicing medicine w/o a license is classified as a(n)
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felony
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Which type of law does not involve crimes, but may involve one person suing another?
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civil
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a civil wrong committed against a person or property excluding breach of contract; must involve injury, damage to property or deprivation of civil liberties may be intentional/unintentional |
tort
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person guilty of a tort
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tortfeasor
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What are four intentional torts?
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Assault Battery Trespass Deceit |
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an unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances
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negligence
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......is charged when a health care practitioner fails to exercise ordinary care & a patient is injured; can be charged to institution
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negligence
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What are 3 types of evidence of medical malpractice?
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Expert testimony Existing federal & state laws Person permanently injured |
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power of a court to hear and decide a case before it
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jurisdiction
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This court system hears cases involving federal matters
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Federal
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Each state has its own ....system
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court
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the person bringing charges in a lawsuit
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plaintiff
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the gov't as plaintiff in a criminal case
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prosecution
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the person or party against whom charges are brought in a criminal or civil lawsuit
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defendant
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.... of the court are responsible for carrying out courtroom duties
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Officers
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elected or appointed to preside over the court
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judges
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represent plaintiffs and defendants
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attorneys
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keep court records and seals, enter court orders and judgments
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Court clerks
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keep order in the courtroom
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bailiffs
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make a running account of all court proceedings
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court reporters
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most often selected from lists of registered voters
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juries
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A voluntary agreement between two parties in which specific promises are made for consideration
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contract
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What are 4 elements of contracts?
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Agreement Consideration Legal subject matter contractual capacity |
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without legal force or effect
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void
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failure of either party to comply w/ the terms of a legally valid contract
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breach of contract
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anyone under the age of majority; 18 yrs in most states, 21 yrs in some jurisdictions
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minor
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The two main types of contracts are..... & ......
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expressed & implied
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written or oral agreement in which all terms are explicitly stated
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expressed contract
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unwritten or unspoken agreement whose terms result from actions of the parties involved; (ex person unconscious from falling and medical professional saves the person's life)
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implied contract
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state legislation governing written contracts
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statute of frauds
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the contract between physician and patient is usually .... when all treatment has been completed and the bill has been paid
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terminated
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what are 4 examples of premature termination?
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Failure to pay for services Failure to keep schedule appointments Failure to follow the physician's instructions Patient seeks services of another physician |
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law that governs the relationship between a principal and his/her agent
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law of agency
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one who acts for another
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agent
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physician is responsible for acts of employee
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respondeat superior
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All competent adults are ....., or legally responsible for their actions on job and private life
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liable
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What 3 things do physicians have general liability for?
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The practice's building & grounds Automobiles Employee safety |
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level of performance expected of a health care practitioner in carrying out his/her professional duties
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standard of care
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legal obligation of health care workers to patients and sometimes nonpatients
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duty of care
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standard of behavior that judges a person's actions in a situation according to what a reasonable person would or would not do under similar circumstances
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reasonable person standard
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What are four guidelines for physicians/health care practitioners?
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Practice w/in scope of training/capabilities Maintain confidentiality Prepare & maintain health records Document accurately |
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act of holding information in confidence, not to be released to unauthorized individuals
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confidentiality
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information held confidential w/in protected relationship
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privileged communciation
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What are 3 ways to maintain confidentiality?
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Obtain signed consent Use caution when leaving voice messages on the phone While on phone do not use patient's name if others are around |
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performance of a totally wrongful and unlawful act
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malfeasance
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performance of a lawful act in an illegal or improper manner
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misfeasance
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failure to act when one should
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nonfeasance
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What are the 4 Ds of Negligence?
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Duty Dereliction Direct cause Damages |
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person charged owed a duty of care to the accuser
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duty
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the health care provider breached the duty of care to the patient
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dereliction
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the breach of the duty of care to the patient was direct cause of patient's injury
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direct cause
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legally recognizable injury to the patient
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damages
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What are three implementations of the joint commission?
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Improve accuracy of patient identification Improve effectiveness of communication among caregivers improve safety of using high-alert medications |
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"The thing speaks for itself"; also known as doctrine of common knowledge
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Res ipsa loquitur
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What 3 conditions must apply for Res ipsa loquitur to apply?
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Act must be under defendant's control Patient must not have contributed to act Must be apparent that the patient would not have been harmed if reasonable care were used |
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what are 3 cases for res ipsa loquitur?
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1.leaving foreign objects in patient's body during surgery 2.damaging healthy tissue during surgery 3.causing an infection by using unsterilized instruments |
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What are the four phases of a lawsuit?
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Pleading phase Interrogatory/pretrial discovery phase Trial phase Appeals phase |
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Summons is issued
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pleading phase
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subpoena and deposition may occur
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Interrogatory/pretrial discovery phase
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What are the two types of witness testimonies?
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Fact Expert |
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Witness provides facts he or she has observed
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fact
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experts in particular fields have the education, skills, knowledge, and experience to give expert witness
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expert
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techniques for resolving civil disputes w/o going to court; uses neutral mediators/arbitrators
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alternative dispute resolution(ADR)
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method of settling disputes w/o going to court; voluntary, neutral third party; can't impose a solution on parties involved
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mediation
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method of settling disputes in which opposing parties agree to abide by the decision of an arbitrator Chosen by the court/by the American Arbitration Association |
Arbitration
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What are 3 top medical specialties sued for malpractice?
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Internal medicine family medicine Ob/Gyn |
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state statutes that allow a person's beneficiaries to collect for loss to the estate of the deceased for future earnings when a death is judged to have been due to negligence
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wrongful death statutes
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a written notification issued by the clerk of court and delivered w/ a copy of the complaint to the defendant in a lawsuit, directing him/her to respond to the charges brought in a court of law
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summons
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a legal document requiring the recipient to appear as a witness in court or to give a deposition
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subpoena
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sworn testimony given and recorded outside the courtroom during the pretrial phase of a case
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deposition
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a written set of questions requiring written answers from a plaintiff/defendant under oath
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interrogatory
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......is preferable to litigating a malpractice suit
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prevention
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What are the four C's medical malpractice prevention?
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Caring Communication Competence Charting |
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What do these represent? *Error, failure, delay in cancer diagnosis *Birth injury/negligent maternity care *Wrong diagnosis of negligent fracture *Medication errors |
Common reasons for malpractice
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What are the 4 actions that might prevent litigation?
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*Explanation & apology *Correction of the mistake *Listening to the patient *Honesty |
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What are 4 ways to communicate w/ patients?
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*Develop good listening *Set aside time of day to call back patients & provide advice *Make sure informed consent forms are signed *Avoid statements admitting faults |
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Medical facility employees should pay particular attention to what types of documentations?
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Referrals Missed appointments Dismissals Treatment Refusals All other patient contact |
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a defense that claims innocence of the charges or that one or more of the four Ds of negligence are lacking
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denial
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defenses used by defendants in medical professional liability suits that allow the accused to prevent factual evidence that the patient's condition was caused by some factor other than the defendant's negligence
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affirmative defenses
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an affirmative defense that alleges that the plaintiff, through lack of care, caused or contributed to his/her own injury
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contributory negligence
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an affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree
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comparative negligence
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a legal defense that holds that the defendant is not guilty of a negligent act because the plaintiff knew of and accepted beforehand any risks involved
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assumption of risk
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a type of affirmative defense in which the person who comes to the aid of a victim in an emergency is not held liable under certain circumstances
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emergency
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What are 3 types of technical defenses?
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Release of tortfeaser Res Judicata Statute of limitations |
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a technical defense that prohibits a lawsuit against the person who caused an injury(the tortfeasor) if he or she was expressly released from further liability in the settlement of a suit; (the victim can't sue the physician unless the right to do so was reserved in the release) |
release of tortfeasor
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The thing has been decided; a claim can't be retried between the same parties if it has already been resolved
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Res judicata
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that period of time established by state law during which a lawsuit may be filed; when a statute of limitations begins modified for minors, ppl who are legally insane or special circumstances |
statute of limitations
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The taking of steps to minimize danger, hazard, and liability *May reduce possibility of lawsuits *Identify problem practices *Problem solve to eliminate problems |
risk management
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program of measures taken by health care providers and practitioners to uphold the quality of patient care *parts of methods used to manage risk *compliance w/ federal, state, local laws |
quality improvement/quality assurance
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contract coverage for potential damages incurred as a result of a negligent act
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liability insurance
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What are 5 types of medical liability insurance?
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Claims-made insurance Occurrence Insurance Tail coverage Prior acts insurance self-insurance |
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Covers the insured only for those claims made (not for any injury occurring) while the policy is in force
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claims-made insurance
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covers the insurer for any claims made that occurred while policy is in force regardless of when claim is made
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occurrence insurance
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