Ch 3 Flashcards
the state of being legally responsible for the harm one causes another person
liability
the failure to use ordinary or reasonable care
negligence
part of an official job description
duty of care
to establish negligence an individual making the complaint must establish what four things
1) duty of care existed
2) conduct of the defendant fell short of the standard of care
3) the defendant cause the injury to occur
4) personal, property, or punitive damages occur
legal wrongs committed against a person
tort
when an individual fails to perform a legal duty
nonfeasance
an individual commits an act that is not legally his or her to perform
malfeasance
An individual improperly does something he or she has the legal right to do
misfeasance
what is an example of nonfeasance
an ATC fail to refer a seriously injured patient to proper medical attention
what is an example of malfeasance
the ATC performs a therapeutic treatment that violates the practice of another licensed health care professional resulting in injury
what is an example of misfeasance
the ATC incorrectly administer a treatment technique they were trained on
when the athletic trainer is sue they are sued for what 2 things
tort of neglience
what is an example of negligence
same as misfeasance
neither the government nor any individual who is employed by the government can be held liable for negligence
sovereign immunity
true or false
level of protection afforded by sovereign immunity does not vary from state to state
false vary significantly
provides limited protection against legal liability to any person who chooses to provide first aid, however it does not apply to someone who has a duty to act as dictated by the nature of their job
Good Samaritan law
This sets a specific length of time an individual may sue for damages
statute of limitations
how longs does an individual until he can no longer sue for negligence
1-5 years
the individual through express or implied agreement assumes that some or danger is involved in the particular undertaking. In other words a person takes his or her own chances
assumption of risk
product liability claims can be based on what 3 things
negligence
strict liability
breach of warrant of fitness
true or false
warning labels on football helmets inform the player of possible dangers inherent in using the product
true
is nonfeasance often referred to as omission or comission
omission
is malfeasance often referred to as omission or commission
commission
cost for catastrophic insurance are based on what two things
number of sports and the number of hazardous sports offer by the school
what is offered to cover school employees, officers, and the district against suits claiming malpractice, wrongful actions, errors and omission and act of negligence
errors and omissions liability insurance
what percentage of HMO generally pay for medical cost as long as care is rendered at an HMO facility
100%
what is Point of Service Plan (POS) a combination of
HMO (health maintenance organization)and PPO (preferred provider organization)
the federal health insurance program for aged and disabled people
medicare
the health insurance program for people with low incomes and limited resource and founded by the government
medicaid
the form of reimbursement used by managed care providers
Capitation
what are the two forms of claim
HCFA-1500 and UB-92
this is an government issues identification number for individual health care providers and provider organization
national provider identifier
how many number does the NPI make up
10 digit numeric identifier
