10) PT and the Law Flashcards
What are the broad system’s of the US court system?
Criminal and Civil
What is the Law based off of?
British common law, French & Spanish legal codes, and religious doctrines
State Jurisdiction
Broad and general exclusive jurisdiction over crimes occurring in states
Federal Jurisdiction
Limited jurisdiction over issues involving specific federal interests
- Anti-trust cases
- Bankruptcy cases
- Copy Right cases
- Patents
- Federal Crimes
- Military Crimes
- Cases involving Medicare or the VA
Constitutional Law
Pre-eminent source of legal authority; Supreme law of the land
Statutory Law
?
Common Law
Judge-made case law; All judicial decisions creating legal precedent in areas where legislatures haven’t enacted statues
- A case will have the same result as a prior case with the same circumstances when there is no law to influence the decision
Administrative Law
Promulgate rules and regulations to supplement statues and executive orders
Secondary Sources
Professional association and institutional protocols
- Accreditation standards/Guidelines
- OSHA
- SSA
- Practice Act
Due Process of Law
Fundamental fairness
Substantive Due Process
?
Procedural Due Process
Fairness in legal actions; The defendant must be made aware of the charges brought against them
What amendments support due process of law?
4th & 5th
Unethical conduct is a violation of what type of law?
Criminal
What are the differences between civil(torts) and criminal law?
Civil - Private actions
- Plaintiff vs defendent
- Proof = Preponderance of evidence
- Liability
- Punishment = Monetary damages
Criminal - Legal actions brought on behalf of society; Involves the government
- State vs defendent
- Proof = Beyond reasonable doubt
- Guilt
- Punishment = Incarceration
Clear and Convincing Evidence
Proof requires a slightly higher standard than the preponderance standard
What can happen as a result of a criminal misconduct lawsuit against a health care professional?
- Incarceration
- Can go on permanent public record
- Civil action against license
- Professional association ethics action
- Monetary fine
When a HCP’s license is charged, where can legal actions occur?
- Legal (court of law)
- Administrative (Licensing board)
- Association (Professional)
True or false: If you complete a wrong-doing such as not paying child support or not showing up for jury duty, you can have your license suspended?
True
Comparative Fault
Tort compensation reduced by the degree to which the pt is at fault
Res Ipsa Loguitur
Inference or presumption of negligence against the PT as the defendent; “Things speak for themselves”
Punitive Damages
Monetary damages awarded against malpractice
Will malpractice insurance cover a malicious act?
No
Strict Products Liability
Liability for pt injury from dangerously defective commercial products such as a stim machine
What are the critical elements of res ipsa loguitur?
- The incident that led to the pt’s injury doesn’t usually occur without negligence on someone’s part
- Bc the PT exclusively controls the equipment/modalities that led to the injury, the negligent party is probably the PT
- Pt was not contributory to their injury
What are some examples of tort reform initiatives?
- Administrative Medical Review Panels
- Imposing caps on monetary damages
- Placing monetary limits on plaintiff attorney contingent fees
- Reforming joint and several liabilities
- Modifications to statutes of limitations
- Creation of statutes of response
- Penalizing the plaintiff and attorney for filing a frivolous lawsuit
- Requiring period payment of monetary damages
- Limiting punitive damage rewards
Malpractice
The liability of the PT for pt injury as a result of professional negligence, breach of contractual promise regarding tx, dangerously defective to products or modalities, and abnormal dangerous tx activities
What are the most common reasons for litigations against PT’s?
- Lack of Communication
- Unmet pt/family expectations
- Collection activities
- Not common goals
- Failure to establish good rapport
What factors increase odds of a malpractice suit?
- External
- Litigious society
- Changes in healthcare
- Internal
- Broad scope
- Multi-tasking
- Increased time demands
Negligence
Legally actionable carelessness, substandard care, contributory negligence, or omission
What are the requirements for proof of negligence?
- Duty owed by the defendent
- Duty violated by the defendent
- Causation
- Monetary damages to make the pt “whole”
Comparative Negligence
?
Abandonment
Improper unilateral termination by a PT of a PT-pt relationship
Expert Witness
Individual who has an in-depth knowledge about the tx procedure at issue
- May have speciality certifications, advanced degrees, and longevity
- Should be familiar w/legal standards of care at that time
Actual Care
?
Proximate Cause
Legal causation
- Difficult establish
- Harm is not reasonably foreseeable
Who does ordinary negligence apply to?
Anyone w/a duty of care
- Professionals have higher standards
Premises Liability
Potential liability for damages on the part of owners/renters of land for injuries incurred by patrons and others coming to their premise
- Includes attractive nuisances (kids think a lot things are toys but they’re not and then they get hurt trying to play with it)
Victorious Liability
Indirect legal and financial responsibility for the conduct of another person such as PTA’s, students, aides, volunteers, staff, etc
Statutes of Limitations
Time period after an injury during which the injured person must file a civil suit or forever do nothing
- A reasonable amount of time to recover evidence
- Can be tolled/suspended in certain limitations
Typically how long is a statute of limitations?
3 yrs for assault; 7rs for malpractice
What is the only way for PT’s to legally protect themselves?
Malpractice Insurance
Occurrence Malpractice Insurance
Covers a PT for an incident that occurred when they had coverage, even if they no longer are covered by the policy
Claims Made Malpractice Insurance
PT is only covered for claims initiated while they are insured
Releases from Liability
Waiver
NPDB
Public permanent record
What are the elements of a trial?
- Complaint
- Answer
- Pre-Trial Hearings
- Deposition
- Interrogation
- Hearings
- Jury Selection
- Opening Statement
- Direct Exam
- Cross Exam
- Closing Statement
- Summary
- Charge to Jury
- Verdict
- Appeal
If you are fully innocent, should you settle a case?
No
Who is responsible for employment regulation?
Department of Labor
Fair Labor Standards Act
Set minimum wage and overtime wages
What are some finance and securities laws?
- Securities Act of 1933
- Securities Exchange Act of 1934
- Investment Advisors Act of 1940
- Sarbanes-Oxley Act of 2002
What are some food and drug regulations?
- FDA
- DEA
- Bioterrorism Act
- Controlled Substances Act
- MDUFMA
What are some health laws?
- SSA
- HIPPA
- Freedom of Information Act
- Omnibus Budget Reconciliation Act of 1989
- Ryan White Care Act
Who governs health law?
Department of Health and Human Services
Who governs environmental regulation?
EPA
Stark Law
Prohibits physicians from making money off of a self-referral
What are the aspects of compliance planning?
- Commitment
- Compliance Officers
- Training
- Monitoring
- Communication plan
- Enforcement
- Prevention
What are the sources of law?
- Constitutional
- Statutory
- Common
- Administrative
- Secondary Sources
