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63 Cards in this Set
- Front
- Back
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Respondeat superior |
physicians are responsible for those who work under their supervision (like a PA or MA) |
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two key duties to employers |
safety and compensation |
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Four strategies for risk management |
avoidance, reduction, transfer, acceptance |
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PPACA |
"obamacare" Patient protection and affordable care act -2 requirements --everyone must get health insurance --physicians must have EMR (electronic medical records) to be in Medicare/Medicaid |
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Stark Act |
you can not make referrals to people you know who will profit from it |
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Types of Practice (4) |
1)Sole proprietorship 2)Partnership 3)Corporation 4)LLC / LLP = "limited liability" company / partnership |
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two fundamental principles of the U.S. Government are? |
1)Federalism (the 51 governments) 2)Checks and balacnes (note Federal wins over state) |
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what are examples of checks and balances? |
veto judicial review impeachment advise and consent |
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what are the 3 branches of Federal government? what are their jobs |
-Executive (president) = enforces laws -Legislative (congress) = makes the laws -Judicial (judges/court) = reviews the laws |
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Duces Tecum |
Records are subject to subpoena (so watch what you write on them) |
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Stare Decisis |
"common law" -judge will respect the precedent established in a previous case |
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4 elements of Negligence |
Starts with duty, then Breach, Causation, and damages. (duty begins when a physician is with a patient) |
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Negligence |
is the failure to perform an expected duty or failure to carry out a duty in a reasonable manner |
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another name for professional negligence?
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malpractice (which is a tort!) |
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when does malpractice / professional negligence occur? |
occurs when a person fails to follow generally accepted standards of practice |
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contracts must have? |
offer acceptance consideration (value!) |
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Mens Rea |
mental state a person was in during a crime (knowing is key in determining the outcome of criminal law) |
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What is POTUS |
President! (president of the untied states) |
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what does the POTUS do? |
FDA DEA HHS all report to POTUS |
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Juridiction / venue |
Jurisdiction = who Venue = where |
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tax court |
where you owe the state
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claims court |
states owes you money |
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trail courts |
where you get sued |
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Court of Claims |
to collect claims |
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who has the "burden" in court cases? |
Plaintiff has the burden in all court cases
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what are the 4 sources of law |
Constitutional Law Statutory Law Regulatory Law Common Law "case law" |
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Constitutional Law |
highest judicial authority addresses relationship between individuals and their government |
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statutory law |
consists of ever-changing rules and regulations created by U.S. Congress, state legislators, local governments, or constitutional law makers |
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Regulatory law |
rules or laws made by agencies |
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Common law (case law) |
made by judges when they apply previous court decisions to current cases |
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Stare Decisis |
follow the precedent unless a valid reason to depart |
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what is a tort |
civil injury, or wrongful act, that is committed against another person or property, resulting in harm, and is compensated by money damages |
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intentional tort |
person has been intentionally or deliberately injured by another includes: assault, battery, false imprisonment, fraud, invasion of privacy, defamation of character. |
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Battery |
if you do a procedure without informed consent (this is battery!) |
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Invasion of privacy |
false light misappropriation intrusion photos |
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Unintentional Tort |
patient is injured as a result of the health care professionals not exercising ordinary standard of care. |
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3 Levels of Criminal Law |
Felonies Misdemeanor Summary |
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Felonies |
punishment of death or imprisonment in a state or federal prison for more than year. (ex: murder, rape, sodomy, robbery, larceny, etc) |
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Misdemeanor |
punishment of fines & imprisonment in jail for up to a year -traffic violations, disturbing the peace, minor theft |
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Summary |
"petty crime" -criminal act in some common law jurisdictions that can be proceeded with, summarily (without the right to a jury trial and/ or indictment) |
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Administrative law |
state medical laws -a branch of public law that covers regulations that are set by government agencies. |
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Key defenses |
due process equal protection ultra vires (goes above them) |
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Indictment |
written legal charge against the defendant. "you are indicted on the criminal side, and you are summoned on the civil side" |
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Burden of proof |
must be beyond reasonable doubt |
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Discovery |
Legal process by which facts are discovered before a trial begins. |
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Self incrimination |
prohibited unless you chose to waive it |
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how do you get testimony / documents? |
subpoena - written command from the court for a person or documents to appear in court |
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What are the types of contracts? |
expressed - agreement that clearly states all the terms (this is oral or writing) Implied - agreement that is shown through inference by signs, inaction or silence. |
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Medical Practice Arts |
-each state has statues that govern the practice of medicine in that state.
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In every state what is the key focus? |
patient safety |
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Reciprocity |
some states give physicians endorsement, overriding their need to take another state's exam |
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proper standard of care |
What you are expected to do and how you are expected to do it |
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Confidentiality |
key duty of physician (even over HIPAA) |
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Prudent person rule |
when providing information to the patient, it must be in a way that a reasonable, prudent person would want before before making a decision about treatment or refusal of treatment |
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Statute of Limitations |
period of time that a patient has to file a lawsuit; varies from state to state Florida 5 PA 7 *there is no statute of limitations for murder |
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Tolling |
this is when the statute of limitation is tolled or stops running -statute of limitations does not begin to run until a child reaches the age 18 (thus it is tolled all this time) |
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Incident report |
documentation that must be completed whenever there is an unusual occurrence such as a fall, error in medication dispensing, needle sticks, fire, etc. Must be: signed, dated factual, 5Ws, confidential |
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who is the "gatekeeper" in Managed care and what is their role? |
Gatekeepers = primary care physicians and they handle initial treatment, referrals, and quality control |
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Who are the 3 government payers? |
1)Medicare - old (over 65) / disabled / end-staged renal disease victims. 2)Medicaid - federal program implemented by the individual states. 3)Tricare - Military
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what is the number one reason for Malpractice? |
poor communication with patients |
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What are the 5 types of damages? |
1)Actual - actual loss of income 2)Compensatory - for pain and suffering 3)Punitive (bad conduct) - which are monetary awards by court to a person harmed in a malicious or willful way 4)Statutory - or fraud against the government 5)Nominal = when you do bad but do not hurt anyone but rights are violated |
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res judicata |
innocent in one court, can't be sued in another |
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Assumption of Risk |
if something goes wrong, you are not liable as long as you warned the patient of risks via informed consent and you did everything with a good standard of care |
