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4) PT Admin > 10) PT and the Law > Flashcards

10) PT and the Law Flashcards

1
Q

What are the broad system’s of the US court system?

A

Criminal and Civil

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2
Q

What is the Law based off of?

A

British common law, French & Spanish legal codes, and religious doctrines

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3
Q

State Jurisdiction

A

Broad and general exclusive jurisdiction over crimes occurring in states

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4
Q

Federal Jurisdiction

A

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
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5
Q

Constitutional Law

A

Pre-eminent source of legal authority; Supreme law of the land

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6
Q

Statutory Law

A

?

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7
Q

Common Law

A

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
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8
Q

Administrative Law

A

Promulgate rules and regulations to supplement statues and executive orders

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9
Q

Secondary Sources

A

Professional association and institutional protocols

  • Accreditation standards/Guidelines
  • OSHA
  • SSA
  • Practice Act
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10
Q

Due Process of Law

A

Fundamental fairness

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11
Q

Substantive Due Process

A

?

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12
Q

Procedural Due Process

A

Fairness in legal actions; The defendant must be made aware of the charges brought against them

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13
Q

What amendments support due process of law?

A

4th & 5th

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14
Q

Unethical conduct is a violation of what type of law?

A

Criminal

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15
Q

What are the differences between civil(torts) and criminal law?

A

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
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16
Q

Clear and Convincing Evidence

A

Proof requires a slightly higher standard than the preponderance standard

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17
Q

What can happen as a result of a criminal misconduct lawsuit against a health care professional?

A
  • Incarceration
  • Can go on permanent public record
  • Civil action against license
  • Professional association ethics action
  • Monetary fine
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18
Q

When a HCP’s license is charged, where can legal actions occur?

A
  • Legal (court of law)
  • Administrative (Licensing board)
  • Association (Professional)
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19
Q

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?

A

True

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20
Q

Comparative Fault

A

Tort compensation reduced by the degree to which the pt is at fault

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21
Q

Res Ipsa Loguitur

A

Inference or presumption of negligence against the PT as the defendent; “Things speak for themselves”

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22
Q

Punitive Damages

A

Monetary damages awarded against malpractice

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23
Q

Will malpractice insurance cover a malicious act?

A

No

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24
Q

Strict Products Liability

A

Liability for pt injury from dangerously defective commercial products such as a stim machine

25
Q

What are the critical elements of res ipsa loguitur?

A
  1. The incident that led to the pt’s injury doesn’t usually occur without negligence on someone’s part
  2. Bc the PT exclusively controls the equipment/modalities that led to the injury, the negligent party is probably the PT
  3. Pt was not contributory to their injury
26
Q

What are some examples of tort reform initiatives?

A
  • 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
27
Q

Malpractice

A

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

28
Q

What are the most common reasons for litigations against PT’s?

A
  • Lack of Communication
    • Unmet pt/family expectations
    • Collection activities
    • Not common goals
  • Failure to establish good rapport
29
Q

What factors increase odds of a malpractice suit?

A
  • External
    • Litigious society
    • Changes in healthcare
  • Internal
    • Broad scope
    • Multi-tasking
    • Increased time demands
30
Q

Negligence

A

Legally actionable carelessness, substandard care, contributory negligence, or omission

31
Q

What are the requirements for proof of negligence?

A
  1. Duty owed by the defendent
  2. Duty violated by the defendent
  3. Causation
  4. Monetary damages to make the pt “whole”
32
Q

Comparative Negligence

A

?

33
Q

Abandonment

A

Improper unilateral termination by a PT of a PT-pt relationship

34
Q

Expert Witness

A

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
35
Q

Actual Care

A

?

36
Q

Proximate Cause

A

Legal causation

  • Difficult establish
  • Harm is not reasonably foreseeable
37
Q

Who does ordinary negligence apply to?

A

Anyone w/a duty of care

  • Professionals have higher standards
38
Q

Premises Liability

A

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)
39
Q

Victorious Liability

A

Indirect legal and financial responsibility for the conduct of another person such as PTA’s, students, aides, volunteers, staff, etc

40
Q

Statutes of Limitations

A

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
41
Q

Typically how long is a statute of limitations?

A

3 yrs for assault; 7rs for malpractice

42
Q

What is the only way for PT’s to legally protect themselves?

A

Malpractice Insurance

43
Q

Occurrence Malpractice Insurance

A

Covers a PT for an incident that occurred when they had coverage, even if they no longer are covered by the policy

44
Q

Claims Made Malpractice Insurance

A

PT is only covered for claims initiated while they are insured

45
Q

Releases from Liability

A

Waiver

46
Q

NPDB

A

Public permanent record

47
Q

What are the elements of a trial?

A
  1. Complaint
  2. Answer
  3. Pre-Trial Hearings
    • Deposition
    • Interrogation
    • Hearings
  4. Jury Selection
  5. Opening Statement
  6. Direct Exam
  7. Cross Exam
  8. Closing Statement
  9. Summary
  10. Charge to Jury
  11. Verdict
  12. Appeal
48
Q

If you are fully innocent, should you settle a case?

A

No

49
Q

Who is responsible for employment regulation?

A

Department of Labor

50
Q

Fair Labor Standards Act

A

Set minimum wage and overtime wages

51
Q

What are some finance and securities laws?

A
  • Securities Act of 1933
  • Securities Exchange Act of 1934
  • Investment Advisors Act of 1940
  • Sarbanes-Oxley Act of 2002
52
Q

What are some food and drug regulations?

A
  • FDA
  • DEA
  • Bioterrorism Act
  • Controlled Substances Act
  • MDUFMA
53
Q

What are some health laws?

A
  • SSA
  • HIPPA
  • Freedom of Information Act
  • Omnibus Budget Reconciliation Act of 1989
  • Ryan White Care Act
54
Q

Who governs health law?

A

Department of Health and Human Services

55
Q

Who governs environmental regulation?

A

EPA

56
Q

Stark Law

A

Prohibits physicians from making money off of a self-referral

57
Q

What are the aspects of compliance planning?

A
  • Commitment
  • Compliance Officers
  • Training
  • Monitoring
  • Communication plan
  • Enforcement
  • Prevention
58
Q

What are the sources of law?

A
  • Constitutional
  • Statutory
  • Common
  • Administrative
  • Secondary Sources

4) PT Admin (23 decks)

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