Law Test #1 (Chapters 1,2, And 3)

Front 1

What were the questionable procedures performed in the Delaney v. Rosenthal case?

Back 1

Removed stitches, squeezed pus out of the patient's thumb, prescribed pills, injected penicillin, removed bandages, and reapplied a bandage, and advised the patient for future care.

Front 2

Whould should you do if a patient complains to you about their doctor?

Back 2

Do not keep the information from the doctor, also do not try to handle the complaint alone.

Front 3

Scope of practice

Back 3

The boundaries of acceptable diagnosis and treatment by nurses, doctors, and a variety of mid-level medical professionals (like Medical assistant)

Front 4

Criminal law

Back 4

Anyone who has commited a criminal offense (a crime against the state) or who has been proven guilty.

Examples:

Murder/manslaughter

Rape

Embezzlement

Search and seizure

Fraud

Conspiracy

Front 5

Civil Law

Back 5

Pertaining to crimes against a person or persons

Examples:

Medical malpractice

Assault and Battery

Invasion of privacy

Defamation of character

Outrageous conduct

False Claim

Front 6

Medical malpractice case phases

Back 6

I. The patient realizes something is wrong/ the alleged negligence occurs

II. Patient seeks advice of an attorney and the attorney gathers information for the case and the patients file.

III. Case goes to court an attorney presents the facts.

IV. Losing party pursues an appeal.

Front 7

Procedures Manuals

Back 7

A reference handbook explaining the procedures to be followed when performing a task by which a legal right may be enforced.

Front 8

Negligence

Back 8

Failure to act with reasonable and prudent care.

Front 9

What does the practice of medicine mean?

Back 9

Diagnosis, treatment, and/or prescription for preention or core of any human disease, ailment, injury, deformity, or physical/mental condition.

Front 10

Libel

Back 10

Written defamation

Front 11

Slander

Back 11

Spoken defamation

Front 12

Defamation of character

Back 12

When one person is talking to another person about one's reputation.

Front 13

Fraud

Back 13

A deliberate deception intended to produce unlawful gain.

Front 14

Common Law

Back 14

Law deriving its authority from ancient usages and customs affirmed by court judgments and decree.

Front 15

Percentage of malpractice cases that make it to court

Back 15

10%

Front 16

Doctor-patient relationship

Back 16

The physician has a duty to the patient to diagnose and treat the patient's injury with due care.

Front 17

Felony

Back 17

A crime more serious than a misdemeanor and punishable by imprisonment for more than one year or death.

Front 18

False imprisionment

Back 18

Intentonally confining a person without the legal right to do so or without his or her content.

Front 19

Tort

Back 19

A private wrong or injury, other than breach of contract for which the court will provide a remedy.

Front 20

Standard of Care

Back 20

The standard of care that a reasonable person should exercise under the same or similar circumstances.

Front 21

When was HIPAA enacted

Back 21

1996

Front 22

Licensure/certification

Back 22

Certification is a record of being qualified to perform certain acts after passing an examination given by an accredited professional organization.

Licensure indicates that the holder has the basic minimum qualification required by the state: Also sets standards for hiring.

Front 23

Respondeat superior

Back 23

Let the master answer. Deciding on whether the medical professional is working on their scope of practice.

Front 24

Stare decisis

Back 24

Let the decision stand. It is used under common law, it gives stability to the court system yet allows for flexibility whenever there is a new fact pattern.

Front 25

Branches of government

Back 25

Judicial, Legislative, executive

Front 26

Direct examination

Back 26

The first interrogation of a witness by the party for whom the witness has been called out on behalf of that parties claim.

Front 27

Cross examination

Back 27

Interrogation of a witness by a party other than the direct examiner.

Front 28

What is tort liability based on?

Back 28

Intentional, negligence, or strict liability.

Front 29

Manslaughter charges

Back 29

The unlawful killing of another without malice. It is necessary to prove that there is wanton or reckless conduct.

Murders are state filed charges.

Front 30

Euthanasia

Back 30

An intentional action or lack of action causing the merciful death of someone suffering from a terminal illness of incurable condition.

Front 31

What are the types of abuse that can get a medical office involved in a criminal investigation?

Back 31

Child abuse, elder abuse, and domestic violence.

Front 32

Five classifications of elder abuse

Back 32

Passive neglect (caretaker is incapable of meeting the patient's needs)

Active neglect (When the caretaker maliciously over or under medicates and withholds basic life necessities)

Psychological abuse

Financial abuse

physical abuse

Front 33

Domestic violence reporting

Back 33

VAWA (violence against women act) is a bill that protects women from domestic violence, through the enforcement of protection orders.

Front 34

What does HIPAA do?

Back 34

Requires every health plan and provider to maintain safegaurds to ensure patient confidentiality

Front 35

Informed consent and assualt and battery

Back 35

A physician may be charged with assualt and battery because of failure to obtain informed consent to treat, battery is filed against a health care provider who has acted in anger.

Front 36

"renting" patients

Back 36

When patients knowinly have uneccary procedures and the doctor split the reimbursement money with the patient

Front 37

Patients bill of rights

Back 37

May be known under other names depending on the practice, ex. EMMC has the patients rights and responsibilities.

Front 38

What are the three goals of the patients bill of rights?

Back 38

1. Strengthen consumer confidence by ensuring that the health care system is fair and responsible to consumer's needs.

2. Reaffirm the importance of a solid relationship between the patient and their doctor/healthcare professional.

3. Reaffirm the critical role consumers play in safeguarding their health with rights and responsibilities for all participants.

Front 39

What are the 8 patient rights?

Back 39

1. Information disclosure

2. Choice of providers and plans

3. Access to emergency services

4. Participation in treatment decisions

5. Respect and nondiscrimination

6.Confidentiality of health information

7. Complaints and appeals

8. Consumer responsibilities