3. Legal Issues

Question 1

Can include physical, sexual, psychological or emotional, neglect, abandonment, and financial exploitation.

Answer 1

Abuse

Question 2

Agreeing verbally or in writing to the terms of a contract, which is one of the requirements of an enforceable contract.

Answer 2

Acceptance

Question 3

A living will.

Answer 3

Advance Directives

Question 4

Passed by Congress in 2010 by Pres. Obama.

Answer 4

Affordable Care Act (ACA)

Question 5

2008 amendment that changed the definition of disability to offer a wider range of coverage of individuals to the maximum extent.

Answer 5

Americans with Disabilities Act Amendments Act (ADAAA)

Question 6

Private, judicial determination of a dispute and an alternative to court action that is just as final and binding.

Answer 6

Arbitration

Question 7

Being sure of a criminal defendant’s guilt to a moral certainty.

Answer 7

Beyond a Reasonable Doubt

Question 8

Having the mental competency to make health care decisions, or execute a will at the time the will was signed and witnessed

Answer 8

Capacity

Question 9

Traditional unwritten laws of England, based on custom and usage, which began to develop over a thousand years before the founding of the United States.

Answer 9

Common Law

Question 10

Damages recovered in payment for actual injury or economic loss.

Answer 10

Compensatory Damages

Question 11

physician self-referral is the practice of a physician referring a patient to a medical facility in which he or she has a financial interest.

Answer 11

Conflict of Interest

Question 12

Permission given for something.

Answer 12

Consent

Question 13

Vital element in the law of contracts that must be bargained for by all parties and is the essential reason for a party entering a contract.

Answer 13

Consideration

Question 14

Party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution.

Answer 14

Defendant

Question 15

A live person being questioned under oath y an attorney who is party to the proceeding and takes place prior to the case before going to the judge and jury.

Answer 15

Deposition

Question 16

Health care power of attorney. Instruction from the patient to all who might need to know that the patient has empowered a representative to make healthcare decisions and the discontinuation of life support.

Answer 16

Durable Power of Attorney

Question 17

Patient records in a digital format.

Answer 17

Electronic Medical Records (EMR)

Question 18

The aggregate electronic records of health-related information on an individual that is created and accessible amongst multiple health care organizations.

Answer 18

Electronic Health Records (EHR)

Question 19

A minor who may not require parental permission for medical or surgical care.

Answer 19

Emancipated Minor

Question 20

Unauthorized or improper use of the resources of an elder for monetary or personal benefit, profit, or gain.

Answer 20

Exploitation (Financial Abuse)

Question 21

Patient directly communicates his or her consent to the physician.

Answer 21

Express Consent

Question 22

Legislation enacted by Congress and signed by the president.

Answer 22

Federal Law

Question 23

Crime sufficiently serious to be punishable by death or a term in state or federal prison.

Answer 23

Felony

Question 24

Act that prohibits discrimination in group health plan coverage based on genetic information.

Answer 24

Genetic Information Nondiscrimination Act (GINA)

Question 25

Act that protects individuals who decide to provide help and serve those who are injured.

Answer 25

Good Samaritan Act

Question 26

Person who has been appointed by a judge to take care of a minor child or incompetent adult personally and/or manage that person's affairs.

Answer 26

Guardian

Question 27

Carelessness to the point of reckless disregard for the safety or lives of others.

Answer 27

Gross Negligence

Question 28

Act passed in 1996 that affords certain protects to persons covered by health care plans.

Answer 28

Health Insurance Portability and Accountability Act (HIPAA)

Question 29

Title 1. Provides federal protections for personal health information held by covered entities and give patients an array of rights with respect to that information.

Answer 29

HIPAA Privacy Rule

Question 30

Title 2. Establishes national standards to protect individuals' electronic personal health information that is created, received, used, or maintained by a covered entity.

Answer 30

HIPAA Security Rule

Question 31

The legal requirement for obtaining consent before providing medical care has always been tempered by the privilege to render emergency medical care without the patient's consent.

Answer 31

Implied Consent

Question 32

Like insanity and is a LEGAL condition.

Answer 32

Incompetence

Question 33

Agreement to do something or to allow something to happen only after all the relevant facts are known.

Answer 33

Informed Consent

Question 34

Authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases.

Answer 34

Jurisdiction

Question 35

Act of exercising the power and function of making laws that have the force of authority by virtue of their origin by a state legislature or U.S. Congress.

Answer 35

Legislating

Question 36

Written form of defamation.

Answer 36

Libel

Question 37

Latin for "To hold the place of".

Answer 37

Locum Tenens

Question 38

Enables the provider to ask questions of the young person in order to determine whether or not the minor has the maturity to provide his or her own consent for treatment.

Answer 38

Mature Minor

Question 39

Type of dispute resolution where the parties to a lawsuit meet with a neutral third party (the mediator) in an effort to settle the case.

Answer 39

Mediation

Question 40

Act or continuing conduct of a physician or hospital that does not meet the standard of professional competence and results in provable damages to the patient.

Answer 40

Medical Malpractice

Question 41

Lesser crime than a felony, punishable by a fine and/or county jail time for up to one year.

Answer 41

Misdemeanor

Question 42

Failure or refusal of a care-giver or other responsible person to provide for an elder’s basic physical, emotional, or social needs, or failure to protect the elder from harm.

Answer 42

Neglect

Question 43

Guilty of neglect; lacking in due care or concern; act of carelessness.

Answer 43

Negligence

Question 44

Specific proposal to enter into an agreement with another;

Answer 44

Offer

Question 45

Requires any health care provider accepting Medicare or Medicaid to inform the patient (1) of his or her right to accept or refuse treatment, (2) of his or her rights regarding advance directives under state law, and (3) of any hospital or provider policies regarding withholding or withdrawing life-sustain-ing equipment.

Answer 45

Patient Self-Determination Act (PSDA)

Question 46

Party that initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance, and/ or court determination of rights.

Answer 46

Plaintiff

Question 47

Legal document authorizing a person to act as another’s attorney, legal representative, or agent.

Answer 47

Power of Attorney

Question 48

The greater weight of the evidence required in a civil (noncriminal) lawsuit for the trier of fact (jury or judge without a jury) to decide in favor of one side or the other.

Answer 48

Preponderance of the Evidence

Question 49

communication between parties to a confidential.

Answer 49

Privileged Communication

Question 50

the entitlement to anything that is owned by a person or entity.

Answer 50

Property Right

Question 51

the government attorney charging and trying the case against a person accused of a crime, or a common term for the government’s side in a criminal case.

Answer 51

Prosecution

Question 52

damages awarded in a lawsuit as a punishment and example to others for malicious, evil, or fraudulent acts.

Answer 52

Punitive Damages

Question 53

rule of evidence is important in many malpractice suits, not a rule of substantive law.

Answer 53

Res Ipsa Loquitur

Question 54

identification of all exposure to financial loss of a business and includes the selection of techniques to manage those exposures

Answer 54

Risk Management

Question 55

Let the master answer.

Answer 55

Respondeat Superior

Question 56

Spoken defamation.

Answer 56

Slander

Question 57

the watchfulness, attention, caution, and prudence that a reasonable person in the circumstances would exercise.

Answer 57

Standard of Care

Question 58

the burden that the plaintiff or prosecution must meet in presenting their case;

Answer 58

Standard of Proof

Question 59

legislation enacted by the state legislature and signed by the governor.

Answer 59

State Law

Question 60

a federal or state written law enacted by the Congress or state legislature respectively.

Answer 60

Statute

Question 61

A statute prescribing a period of limitations for bringing.

Answer 61

Statute of Limitations

Question 62

Legally enacted; deriving authority from law.

Answer 62

Statutory Law

Question 63

Court process initiated by a party in litigation, compelling production of specific documents and other items in relevance to facts at issue in pending judicial proceedings.

Answer 63

Subpoena Duces Tecum

Answer 64

Supremacy Clause

Answer 65

Uniform Anatomical Gift Act (UAGA)

Answer 66

Vicariously Liable

Answer 67

Wounds of Violence

Answer 68

Wrongful Death