Chapter 3 - Procedural Law - H.i.t. Law & Ethics

Front 1

Defines the rights and obligations that arise between two or more parties, such as torts

Back 1

Substantive Law

Front 2

The court's rules that guide a lawsuit from the time it begins through completion, whether it culminates in a trail or ends with a settlement or dismissal.

Back 2

Procedural Law

Front 3

Legal healthcare cases are ____ rather than criminal in nature

Back 3

Civil

Front 4

In Federal courts, who presides over civil cases at the trail level?

Back 4

Judges

Front 5

Individuals or organizations involved in a lawsuit.

Back 5

Parties

Front 6

The party the initiates a lawsuit to enforce his/her rights and/or another's obligations

Back 6

Plaintiff

Front 7

The object of the lawsuit, and against whom a lawsuit it brought.

Back 7

Defendant

Front 8

Lawsuits often proceed for groups of consumers to file lawsuits against a large and generally powerful entity for alleged wrongdoing

Back 8

Class Action

Front 9

From the time a lawsuit is filed until the date a trail is scheduled, where a number of procedures will take place

Back 9

Pretrail

Front 10

Refers to the legal proceedings that accompany a lawsuit

Back 10

Litigation

Front 11

First step in Litigation

Back 11

Commencement/Filing of a Lawsuit

Front 12

He/She acting through self representation

Back 12

Pro Se

Front 13

Gives the defendant notice of the lawsuit and explains the defendant's procedural obligations

Back 13

Summons

Front 14

Once a complaint is filed, a copy is served on the defendant along with the _____

Back 14

summons

Front 15

The defendant must respond to the complaint by filing an _____ within the same time specified by the court.

Back 15

answer

Front 16

Failure to answer may result in an automatic or ______ __________ by the court against the defendant

Back 16

default judgment

Front 17

A claim by a defendant against a plaintiff

Back 17

Counterclaim

Front 18

A claim by one party against another party who is on the same side of the main litigation

Back 18

Cross-Claim

Front 19

An action by a defendant to bring in (join) an outsider as codefendant

Back 19

Joinder

Front 20

Refer to documents generated by parties involved in a lawsuit, including complaints and answers

Back 20

Pleadings

Front 21

Governmental official who officially maintains documents associated with legal actions filed in that court system

Back 21

Clerk of Court

Front 22

Following the commencement of a lawsuit, the next pretrial stage is ______.

Back 22

Discovery

Front 23

Period leading to trial and allows all parties to use various strategies to discover or obtain information held by other parties and to assess the strengths and weaknesses in each party's case

Back 23

Discovery

Front 24

Refers to the limits on parties to discover pretrial information held by another.

Back 24

Discoverability

Front 25

Refers to evidence that is allowed to be admitted in a court of law and thus considered by the judge or jury in making a final determination about a case

Back 25

Admissibility

Front 26

Formal proceeding by which the oral testimonies of individuals are obtained

Back 26

Deposition

Front 27

Required to establish the authenticity or genuineness if a health record that is introduced as evidence

Back 27

Testimony

Front 28

Verification of the record's validity and there its reliability and truthfulness as evidence

Back 28

Authentication

Front 29

Attorneys may ask inappropriate questions, it is acceptable to respond, _________.

Back 29

I don't know.

Front 30

Provides a mechanism for questions to be presented to parties of the lawsuit and answered in writing during a more extensive time frame than that provided by a deposition.

Back 30

Interrogatories

Front 31

When the physical or mental conditions of a party is in question, the opposing party may request an independent _______ __________ or an independent ________ __________.

Back 31

Physical Examination/Mental Examination

Front 32

Asks the opposing party to make certain admissions that will diminish the amount of time and money that would otherwise be spent proving those facts

Back 32

Requests for Admissions

Front 33

A document issued by a judge the compels certain action, such as a testimony or the production of documents such as health records

Back 33

Court Order

Front 34

Legal tool used to compel one's appearance at a certain time and place to testify or produce documents or other tangible items either during discovery or at trial

Back 34

Subpoena

Front 35

A subpoena can be _____, ______, or ___________ in nature.

Back 35

Civil, Criminal, Administrative

Front 36

A Subpoena must be accompanied by _______ __________ to be valid

Back 36

patient autherization

Front 37

Primarily seeks an individual's testimony, more than likely to be directed toward physicians and other healthcare providers involved in the plaintiff's care than toward HIM.

Back 37

Subpoena ad Testificandum

Front 38

Instructs the recipient to personally appear and produce documents and other records

Back 38

Subpoena Duces Tecum

Front 39

A person who is commanded to produce records for inspection or copying may, within ___ days of being served, provide a written objection to the party or attorney designated in the subpoena.

Back 39

14

Front 40

Written objections to subpoena are often made in the form of a _______ __ _______.

Back 40

Motion to Squash

Front 41

T/F : A subpoena is another name for a court order

Back 41

False

Front 42

T/F : In most cases, a subpoena for health records must be accompanied by patient authorization

Back 42

True

Front 43

T/F : Written objections to subpoenas may be made in a motion to squash

Back 43

True

Front 44

T/F : A subpoena duces tecum primarily seeks an individual's testimony

Back 44

False

Front 45

Material should always remain in a health record that has been subpoenaed, even if that material was not requested in the subpoena

Back 45

False

Front 46

A judge's written order authorizing a law enforcement officer to conduct a search of a specified place to seize evidence

Back 46

Judicial Search Warrant

Front 47

Protections against unreasonable searches and seizures are provided by the _________

Back 47

Fourth Amendment

Front 48

A search that is conducted without obtaining a proper warrant is permissible when?

Back 48

Under urgent circumstances or when conducted incident to an arrest

Front 49

When parties and their attorneys will meet with the court to discuss the status of the case, the upcoming trial, and potential settlement negotiations

Back 49

Pretrial Conference

Front 50

Trial without a jury

Back 50

Bench Trial

Front 51

Fact-finding body that hears evidence given by the parties and other witnesses, observes evidence presented by both sides, and hears the opening statements and closing arguments of each side

Back 51

Jury

Front 52

Individuals called by each of the parties to provide evidence supporting that party's case

Back 52

Witnesses

Front 53

Individuals called to the witness stand _____, testifies based on their own observations of the situation

Back 53

Lay Witnesses

Front 54

Called to testify based on a subject matter expertise rather than on personal observations; was not present when the situation that prompted the lawsuit occured

Back 54

Expert Witness

Front 55

Assigned to a particular court, is responsible for maintaining order and decorum in the court as well as managing the schedule of the judge

Back 55

Bailiff

Front 56

Present during the entire course of the trial and is responsible for providing a verbatim transcript of the trial

Back 56

Court Reporter

Front 57

T/F : Cases are rarely settled before they reach trial

Back 57

False

Front 58

T/F : Judicial search warrants are more likely to be used to obtain health records in criminal cases than in civil cases

Back 58

True

Front 59

T/F : An expert witness is called to testify based on her own observations of the situation that prompted the lawsuit

Back 59

False

Front 60

T/F : A bench trial is a trial without a jury

Back 60

True

Front 61

Following the pretrial period, if the parties have been unable to negotiate a settlement, the case goes to _____

Back 61

Trial

Front 62

A jury is selected through a process called _____ ______

Back 62

Voir Dire

Front 63

Allows jurors to be excused for unstated reasons, attorneys are only allowed a limited number, and may not use on prejudicial grounds

Back 63

Peremptory Challenges

Front 64

When the trial begins, each side gives an _____ ______ that outlines that evidence that will be heard

Back 64

opening statement

Front 65

Who is the first to call witnesses and present evidence?

Back 65

plaintiffs attorney

Front 66

After each side rests its case, the attorneys for the opposing team may make a motion for a _____ _______, requesting the judge to determine that the case is over and favorable to the requesting party.

Back 66

Directed Verdict

Front 67

After both sides have presented and rested their cases, each presents a _____ _______ urging the jury to find in its favor.

Back 67

closing argument

Front 68

Sufficiently proving or establishing the requisite degree of belief for each element of a case

Back 68

Burden of Proof

Front 69

The jury, having been given legal ____ ______ by the judge, conducts ________ secretly and renders a decision or _____.

Back 69

Jury Instructions/Deliberations/Verdict

Front 70

Any split in votes results in

Back 70

Hung jury

Front 71

Awarded simply to recognize wrongdoing by the defendant when there is no substantial injury suffered by the plaintiff requiring compensation, or the plaintiff has failed to demonstrate dollar amount

Back 71

Nominal Damages

Front 72

Damages are the most common and compensate the plaintiff for losses incurred.

Back 72

Compensatory Damages

Front 73

Two types on Compensatory

Back 73

Economic and Noneconomic

Front 74

Medical Expenses and loss of wages

Back 74

Economic

Front 75

Pain and suffering of loss of consortium

Back 75

Noneconomic

Front 76

Exceed compensatory damages and punch the defendant, most likely to be requested where the actions of the defendant were reckless, wanton careless, etc, as to warrant excess by the court

Back 76

Punitive Damages

Front 77

After the court has rendered a verdict, the next stage in the litigation process is the

Back 77

appeal

Front 78

Party appealing a case is the

Back 78

Appellant/ Petitioner

Front 79

The party against whom a case is appealed is the

Back 79

appellee/respondent

Front 80

Final stage is litigation

Back 80

collection of data

Front 81

the defendant is required to do or to refrain from doing something

Back 81

equity

Front 82

directs the appropriate law enforcement official to seize the defendants real or personal property to satisfy the debt owed to the plaintiff

Back 82

writ or execution

Front 83

may be placed on the defendant's property, encumbering it and preventing the debtor defendant form taking any money from its sale until the judgment owed to the plaintiff has first been paid

Back 83

judgement lien

Front 84

T/F : In civil cases, the burden of proof is "beyond reasonable doubt"

Back 84

False

Front 85

T/F : Non economic compensatory damages have been targeted as a cause of rising professional malpractice insurance premiums.

Back 85

True

Front 86

T/F : The legal system does not allow photocopies of health records to be admitted into evidence

Back 86

False

Front 87

T/F : The party that appeals a lower court's decision is the appellee

Back 87

False

Front 88

T/F : Garnishment is a court-ordered collection of money damages that is awarded to the plaintiff through a set-aside of the defendant's wages

Back 88

True

Front 89

Class action lawsuits often involve

Back 89

groups of consumers against large entities

Front 90

The legal proceedings that accompany a lawsuit is/are called

Back 90

litigation

Front 91

A court’s rules that guide a lawsuit from its beginning throughcompletion is:

Back 91

procedural law

Front 92

Dr. Huffman has been sued by a patient for a faulty hip replacement procedure. Dr. Huffman believes he did not commit an error, but that the artificial hip was defective. He brings in OrthoJoint, the manufacturer, as a defendant. The process Dr. Huffman has just completed is:

Back 92

joinder

Front 93

Service is

Back 93

notification of a lawsuit

Front 94

The process that allows evidence to be used in a court of law and considered by a jury is:

Back 94

admissibility

Front 95

Mary has been deposed via a subpoena duces tecum. As the HIM director of General Hospital, she will bring the health record of a patient. Of the following options, what will Mary’s role be?

Back 95

authenticate the record’s validity

Front 96

Court orders for the production of records:

Back 96

do not require patient authorization

Front 97

A subpoena

Back 97

may be issued by a party’s attorney

Front 98

Formal, written objections to subpoenas are often made in a:

Back 98

motion to quash

Front 99

Because a plaintiff’s objected to the defendant receiving and reviewing her medical records, the judge decided that the records would be produced directly to the court so that he could personally review them in his chambers to determine their discoverability. This process is called:

Back 99

in camera inspection

Front 100

When preparing a health record in response to a subpoena duces tecum or a court order, which of the following should be completed?

Back 100

prepare an index of the contents

Front 101

A bench trial refers to a trial:

Back 101

without a jury

Front 102

Excusal of a juror without a stated reason is (a):

Back 102

peremptory challenge

Front 103

The burden of proof in which a plaintiff must prove that it was “more likely than not” that each element of a case was met is called

Back 103

preponderance of the evidence

Front 104

Actual damages, which compensate a plaintiff for losses incurred, are

Back 104

compensatory

Front 105

Which of the following type of damages has been controlled by implementing monetary caps to counteract lavish jury awards?

Back 105

non-economic compensatory

Front 106

The party who appeals a trial court decision is called the

Back 106

appellant

Front 107

If a plaintiff incurs $30,000 in damages related to medical expenses and lost wages, what are these?

Back 107

economic compensatory damages

Front 108

Mrs. Black sued Mr. Brown for failing to return the mechanics of a clock to her after he failed to build a clock case. Mr. Brown ignored Mrs. Black’s lawsuit, and she won a judgment of $1000.00. The court encumbered Mr. Brown’s property so that, when he tried to sell it three years later, he was unable to take any profit from the sale until Mrs. Black was first paid. This collection is called:

Back 108

judgment lien

Front 109

When Mr. Brownignored Mrs. Black’s lawsuit (question 20), she won the case under what legaltheory?

Back 109

default judgment

Front 110

Dr. Howard is called to testify in a medical malpractice case against Dr. Dale. He testifies that, based on his expertise of the subject matter, Dr. Dale did not commit medical malpractice. In this case, Dr. Howard is a(n):

Back 110

expert witness

Front 111

When an individual represents herself as her own attorney, she is:

Back 111

acting pro se

Front 112

When a patient discovers that a sponge has been left in his abdomen following surgery, the patient has a cause of action to bring a lawsuit. To bring suit, the patient must document and serve his allegations to the surgeon in a legal document called a(n):

Back 112

complaint

Front 113

A lawsuit has been filed against Pineview Hospital for bodily injuries allegedly suffered by a patient during his inpatient hospital stay. Legal counsel for the hospital believes the injuries reported in the plaintiff’s complaint are exaggerated. He uses which of the following discovery methods to determine the true extent of the injuries:

Back 113

physical examination

Front 114

T/F :

Procedural law encompasses a court’s rules that guide a lawsuit.

Back 114

True

Front 115

T/F :

Class action lawsuits proceed for groups of consumers.

Back 115

True

Front 116

T/F :

A cross-claim is a claim by a defendant against a plaintiff.

Back 116

False

Front 117

T/F :

Joinder involves bringing an outsider into a lawsuit as a co-defendant.

Back 117

True

Front 118

T/F :

Notification of a lawsuit occurs through service.

Back 118

True

Front 119

T/F :

Discovery allows parties in a lawsuit to use strategies to obtain information held by other parties.

Back 119

True

Front 120

T/F :

Admissibility refers to evidence that parties can obtain during the pretrial period.

Back 120

False

Front 121

T/F :

A deposition does not occur under oath.

Back 121

False

Front 122

T/F :

Authentication is verification of a record’s validity.

Back 122

True

Front 123

T/F :

An independent mental examination may not be requested as a type of discovery.

Back 123

False

Front 124

T/F :

A pro se plaintiff is one who represents himself during litigation.

Back 124

True