9- Medical Legal

Question 1

3 branches of government and their roles

Answer 1

Executive- Made up of agencies

Legislative- Make the laws

Judicial- Enforcement/interpretation of lawas

Question 2

2 types of laws and their differences

Answer 2

Criminal

• State vs person
• Statute violation
• Guilty beyond reasonable doubt

Civil (Tort)

• Person vs person
• Determines liability
• Better evidence wins

Question 3

What are all 4 things that must be met to prove negligence

Answer 3

• Duty (Did you ignore your duty)
• Breach (Was there a breach in role)
• Damages (Was damage done)
• Proximate cause (Did you do it)

Question 4

What is gross negligence and can you be protected from it in court

Answer 4

Willful misconduct

NO!!!!!

Question 5

3 types of negligence and define

Answer 5

Malfeasance- Exceeds scope of practice

Misfeasance- Preform care improperly

Nonfeasance- Fail to comply to standard of care

Question 6

Defenses to negligence claims (3)

Answer 6

• Good Samaritan law
• Statute of limitations
• Contributory negligence (pt doesn’t comply)

Question 7

Protection and prevention of negligence claims (5)

Answer 7

• Education
• Quality insurance
• Medical direction
• Proper documentation
• Professionalism

Question 8

What is abandonment

Answer 8

Terminating care without consent

Question 9

What is the medical practice act

Answer 9

Defines minimum qualifications of health care providers

Question 10

What is Emergency Medical Treatment and Labor Act (EMTALA)

Answer 10

Enacted to combat “patient dumping” if uninsured

Question 11

4 types of patient consent and define

Answer 11

Informed- Directly from the patient

Expressed- Action that demonstrates consent

Implied- Assumed by unconscious patient is not stated before becoming unconscious

Involuntary- Forced by the court

Question 12

What is In loco parentis

Answer 12

Guardian of a minor that can make decisions for care

Question 13

6 points that must be met for a refusal

Answer 13

• Competent adult
• Capable of making an informed decision
• Not under the influence
• Risks are explained and understood
• Give alternative choices
• Encourage to call again if needed

Question 14

What are advanced directives and examples (3)

Answer 14

Allows people to give directions about end-of-life prior to its needs

• DNR
• Durable POA
• Living will

Question 15

What is the difference of DNRCC and DNRCC-Arrest

Answer 15

DNRCC

• Ease pain and suffering
• No resuscitative measures
• Active immediately upon signing

DNRCC-Arrestt
-Standard DNRCC until a respiratory or cardiac arrest

Question 16

What can you not do if a valid DNR is present

Answer 16

• Compressions
• Artificial airway
• Resuscitative meds
• Defib/Cardiovert
• Respiratory assistance
• Resuscitative IV
• Cardiac monitoring

Question 17

What is a durable POA

Answer 17

Makes decisions on patients behalf and with patients wishes

Question 18

What is a living will (instructional directive)

Answer 18

Documents decisions regarding specific end-of-life treatments in particular situations

Question 19

What is quid pro quo

Answer 19

A favor in return for something

Question 20

Title VII

Answer 20

Prevents discrimination

Question 21

Title IX

Answer 21

Sexual harassment

Question 22

Ryan White Act

Answer 22

-Hospitals must inform providers of exposure, access to medical records of source patient

Question 23

4 indications of domestic violence

Answer 23

• Apparent fear of household member
• Different stories
• Preventing someone from speaking
• Patient hesitant to speak

Question 24

Concealment vs Cover

Answer 24

Concealment- Out of view behind object that can be penetrated

Cover- Position that hides and protects body from projectiles

Question 25

Max length to stay on a crime scene

Answer 25

10 minutes

Question 26

What is evidence

Answer 26

Anything around patient

Question 27

How should you save victims clothes and personal items from a crime scene

Answer 27

• In a paper bag

- Do not mess up damages areas of clothing or items