13. Jurisprudence Essentials and Legal Responsibilities, Risk Management, Ethical Responsibilities

Question 1

Jurisprudence means

Answer 1

knowledge of law

Question 2

= legislation signed by the president/governor

Answer 2

Act

Question 3

= statute = regulation = formal written law

Answer 3

law

Question 4

= set of rules, legal restrictions

Answer 4

Regulations

Question 5

= deals with enforcement of statutes

Answer 5

Administrative law

Question 6

true or false: claiming ignorance of the law is not a defense

Answer 6

true

Question 7

Protection of the public at the state level includes such things as issuing licenses to health care and other professionals.

Answer 7

Administrative Law

Question 8

⭐️ Follow administrative law procedures, which allow infraction investigations and decisions to be made by a ________ rather than a court

Answer 8

hearing panel

(administrative law)

Question 9

true or false: common responsibilities for individual licensees include sending written notification to the board when personal information/status changes

Answer 9

true

Question 10

= an injurious act committed against a person or property or a contract breach

Answer 10

tort (criminal act)

Question 11

Two general types of torts:

Answer 11

◦ Negligent torts
◦ Intentional torts

Question 12

= omission or commission o an act that a reasonable, prudent person would or would not do under given circumstances

Answer 12

Negligence

Question 13

Professional negligence =

Answer 13

malpractice

Question 14

Occurs when the alleged wrongdoer is a professional with the requisite action within the scope of practice and requires special knowledge and skills to practice

Answer 14

malpractice

Question 15

= an act that is intentionally committed knowing that harm is a likely result

Answer 15

Intentional tort

Question 16

a threat to touch another without consent

Answer 16

Assault

Question 17

actual, intentional touching of another without his or her consent

Answer 17

Battery

Question 18

unnecessary confinement of a person, e.g., physical restraint

Answer 18

False imprisonment

Question 19

For negligence, a plaintiff (the injured party) must demonstrate 4 things:

Answer 19

1. There was a duty owed to the plaintiff by the defendant (the accused)
2. There was a breach
3. The party who was owed a duty incurred damages directly (loss of wages) or indirectly (pain)
4. Causation – the breach of duty caused injury or there was a causal connection between the breach and the damages

Question 20

Duty, breach, damages, and causation are required for proof in a_________ case; however, expert testimony is required because the ordinary person is not capable of determining what the professional standard of care should be

Answer 20

Malpractice

Question 21

______ law covers contracts

Answer 21

Civil

Question 22

this clause gives the employer the right to dismiss an employee with or without reason at any time without advanced notice.

Answer 22

At-will employee

Question 23

a clause prohibiting professional employees from working within a certain geographical area for a specified time period

Answer 23

Restrictive covenants or noncompete clause

Question 24

the party offering a contract is attempting to have the other party agree to assume liability

Answer 24

Indemnification (hold-harmless) clause

Question 25

where patient care is involved, one or both parties may want one or the other to provide evidence of insurance

Answer 25

Professional liability insurance

Question 26

deals with acts considered against society

Answer 26

**Criminal law** Penalties = incarceration, fines, or both

Question 28

right vs wrong for the organization

Answer 28

Managerial ethics

Question 29

right vs wrong for patient care

Answer 29

Professional ethics

Question 30

analyzing risks

Answer 30