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72 Cards in this Set
- Front
- Back
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What enteity issues an idictment? is the accused present/
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an indctment is issud by a garnd jury with accused absent
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A leences to practic podiatrii medicine is issieud by th?
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tHE STATE medical board or a similar adminstrative agency of statre government
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Due process of law prevents the revoaction of a podiatrists licens? without?
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the law requeia a hearing aft4er notice
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If a patient presents himself for exmaination and treament, but dows not discus pyament termis with dthe docor is the doctor entitled ot pyamen?
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yes they are , on the terory of implied contradc.
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When a hospital denies staff priveleges ot a doctor, what ar the doctos' legar rihts?
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he is entitiled ot an imparial hearing, which is reviewable by a court.
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What is th defferen between a "aclaims made" malpractice insuranec poicry and an "occurence" malparactice poicay
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with an "occurence policy as long as th epolicy was in force at the ctime than an alleged malpractice occured then the coveage is provided, enven in fhte poiciy is no longer in force. With a claims made policy, the insuracne policy must be in force a thet he time that malpractice claim is filed.
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What are th obligagiton of a doctor to hsi inurance carrir?
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the doctor is obligated to notfy the carreir promplty when he recives a claim to cooperati with the aduster and lawyer in preparinghis dfense to appear a ttrial fi requeste and to subiit doepostion before trial.
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Under what geral category is a mediacl malpractice case (based on negligens)
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tort
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What is a tort
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a private wrong tot based on contrct
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What is an injuction
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a cournt order to do ro to refrain from doing a specific act
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When are punitive damages awardd
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only whre intentinal torts are involved. in some states punitve dagages are awarded only for wanton willful and malicous behavior
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A maplpractic case will not be tried boefer a jury unles?
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either party dedmands a jury
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When may civil mapractice case be tried ina untied stars district court?
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whent the aprties to the case are citizens of different sstes and htmatter inquestion is over $75,000
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On hwhom is th burden of proof in a civil malpractivce cae?
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on the palintff by a preponderance of hte evidene
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Under what rule may a doctor be responsible for hsi nurse's neiglignee
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under the rule of resondeat superior
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What is the primary funcitn of an expert winess
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to render an opinon regarding proximate casuatin and regarding the standard of care
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What is the degree of care required of a podiatrist
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then nantinal standard of care; that degree of care whic is defined by the ordinary standard fo care
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Is a doctor who exercised th eutmost care, but gets a bsade result , liable?
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he is liable only if he promes or guaranteed a resutl, which was not achieved
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Will getting a paient's informed consent protect the doctor against a claim of battery?
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yes
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What are the elements of medical malpractice?
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there must be
a) a duty b) abreach of the duty c) damge d0 a cause relationship between the breach of duty and th damage (proximate cause) |
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What is the term used to describe hte selction and questioning of jurors?
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voir dire
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what i tthe rule of "stare diecisis"
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the rule that court tends to follow its previous decison based on similar facts.
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What is the burdin of proof in a malpracic ecase?
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the plaintivf mus tprove his cae by a prpondrance of the evidence
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What is an assault?
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a threat of physical harm
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What is slander/
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a falser, malicious , spoken, publicized statemnt may be the basis of a slander claim
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Can punitive damages be awarde in a succesful suit for slander?
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yes.
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What is the first document filed in court ina malpractice case
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the complant
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during hte process of vir dire how may porspecteve jur be challenged?
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jurors may be challenged for cause or peremptorily
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How is contract formed?
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a contract comes nt obieng when an offer is made by one party, accepted by another party and consideration passes bewteen them. An contract may be either implied or express
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How is the the doctor patient relationship ususally established?
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by implied contract without verbally expressed terms
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What is the term used to describe hte selction and questioning of jurors?
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voir dire
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what i tthe rule of "stare diecisis"
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the rule that court tends to follow its previous decison based on similar facts.
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What is the burdin of proof in a malpracic ecase?
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the plaintivf mus tprove his cae by a prpondrance of the evidence
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What is an assault?
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a threat of physical harm
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What is slander/
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a falser, malicious , spoken, publicized statemnt may be the basis of a slander claim
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Can punitive damages be awarde in a succesful suit for slander?
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yes.
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What is the first document filed in court ina malpractice case
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the complant
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during hte process of vir dire how may porspecteve jur be challenged?
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jurors may be challenged for cause or peremptorily
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How is contract formed?
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a contract comes nt obieng when an offer is made by one party, accepted by another party and consideration passes bewteen them. An contract may be either implied or express
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How is the the doctor patient relationship ususally established?
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by implied contract without verbally expressed terms
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Whihc medicare coverage is suppplemental?
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medicar part B for which the polcyholder pays a premium
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when is worker' compensation not paid?
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when the accident arises outsed the scope of employment
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What is the difference between a crime and atort?
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crimes are violations of statue or ordincan and are offenses against the government or public. A tort is a private wrong not based on contract
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What is an express contract
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cran express contract is an actual agreement beeeent the parties the terms of which are openly stated in didstinct nd explicit language either orally or in writing.
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According to the controlled substances regulation, what ar ethe clasfications of controlled substance.
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classifcation of substance
Schedule I - high potential for abuse, no urrently accepted medical use lac of accepted safety Schedule II - haigh poetnetial for abuse, currently accepted medical use, abuse may cuase severly pyschologic or physical dependence Schedule III - high potiential for abuse, currently accepted medial use, abuse may cuae sever psychol psycohological or physcial dendpence schedule IV low potential for abuse, currently accepte dmedual use, abuse may cuae limited dependce schedule V - sme as IV but to a lwoer degree |
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Narcotic prescibed by podiatrists for use in clinical practice ar which scheduel/
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schedule II
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What is a doctor's recourse when he is owed money by a paietn who giles for bankruptcy?
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the doctor may file a calin in bankrupty court and may receive all or part of hte amount owed or notnhg dpending on the curcumstances so fhte casue
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What is medicaid
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a joint federa state progarm to aid the poor, aged, blind, disable, the "medially needy"
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When is a "covenant nto to compete" valid
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when it sreasonable as t duration and geographic extent
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Thje governmental pwer to regualte the pracic eo fpodiatric medicien is derived fromw what power of the stes?
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the state's polic power
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Is residnece in a ste required to get a licens to paraci podiatric medine in that ste?
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no it is not
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TRue or false. It is a crime not to report suspecteed elder abuse the aurthorities
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true
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In a malpracitece case based on negilence whta type so fdamages are qwerded
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compensatory damage and possible loss of conrtium
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If you treat a apient at hte scen of anaccident can yo be liable
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you ar enot liable as long as no compenastion waws paid to yo uor expected by you and your actions were made ina good faitnh effort to hel
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What is dfammation
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defaamantion of charater occrus when one person communicate to second prson about a thrid in susch a manner that reptaiton of the person wabout whoe the discussin was hel is harmed
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What is lible
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a writtlen defameatory statment
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Waht is lsnader
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spoken dfameation is termed salnder
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What may a non expert witness teastify aobut
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gernally facts only not opinoin
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can a doxtor shelter hs iassets froma malpractice claimant, afete a calim is filled ybg a transferring his assets?
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no hem ay be subject ot both civil and criminal liabiltiy
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What i sthe gerneic term for civil wrongs other thatn breach of contract
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torts
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can damages ina battery cased include punitvie damages
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yes they can
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Waht is the staute of limitatio? is is the same in every stat?
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The statute of limation is the tiem period in whic ha pateint has to file a malpractic esuti. Ths is not the same in every state.
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Under what circustances may bthe statute of limiations be exgtend?
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It may be extende where patin is aminor;/ wher doctor is out of state; and whre doctor conceaslpaient tur eocndition condition or paeitn did not promply discover ture condition
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What is the defieno of a monor
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A minor is any person uynder hte age of majority. a mionr is icnapabl of givieng effecti consent of ethe andimsitaron of medical treatment. dependion on state lawe, the age of majority may be ietheen or tweny one . excption sare made in medical emergencies ans for mature and emancipated mionrs
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How should a docter htermnnate hsi or her care of a peatin befoer the completion of cer
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TErmination should be with a reitten notie sent by certife dmail an shoul explaint the apient medical problem. The paeitn must be afforded thopportuntiy to acqaurei the need services from another physician
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In terms of the litigatin precess, what i discover/
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This the heart of civil litagitn including mediacl malpractice. Tis the process by which each side learns hte perinent factof theopponents case. Teh prupos is toallwor wech paerty to test hte other party's facts and etermign the sterngh to the other party's case
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What is an intteraogatory
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An igterrogator yis atechinquje of discover in whci one party respond under owath to written quesion submettd by the other party
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What is a dpositoin?
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a doepsiton is atechinque of discover inwhcih oral exmaintai nculding cros examionta undr oath of wnessen and pearies performed
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Whai is a asbupoen duces tecum
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a technei of discver subpoen duces tecu msi sa cor order requiring produciton fo boodks nad records for exmainat o by the other party
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In terms of the litgation process what is a motion
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a motion is doucment filed with the ocurtt in which the moving party asks the court to take some action
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Whatis amotin of summary juegment?
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acomon motion in medical malpractice litigation in hwich the party ususually tje defendant asks thjcourt ot decide the case based ont he law olnyu as ther is no dipute concernign the rfacts
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What it docritne of re ipsa loquitur
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A techni in which the plaintiff tries to show a breach of the stnadar odf care without direct eveinenc e. REs isps loqueiur t(the thing speadk for itself) is a device by which ht epoaintiff may be able to rpove thorugh circumstainal eviedien that aprticualr defendant brfeached the wstandard of care. Fro exampel , a forceps in found in a apient abdomen afete a sureger.
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