Ch. 3 Legal Principles

Question 1

What type of insurance coverage provides protection from claims of injury or damage to people or property?

Answer 1

Liability insurance

Question 2

What is it called if a patient lacks the ability to manage themselves because of a mental deficiency?

Answer 2

Incompetence

Question 3

What damages are large and intend to punish?

Answer 3

Punitive

Question 4

What damages are small?

Answer 4

Nominal

Question 5

The plaintiff is often called what?

Answer 5

Brings the suit to court or a third-party

Question 6

Define respondeat superior.

Answer 6

Common law doctrine, that means let the master answer. Employer is responsible for employees.

Question 7

What process is established by state law so a person can practice an occupation?

Answer 7

Licensure

Question 8

What is a person under the age of adulthood, but demonstrates maturity to make healthcare decisions?

Answer 8

Mature minor

Question 9

What could happen if a healthcare worker oversteps their scope of practice?

Answer 9

Sued for malpractice, made to pay damages, license, revoked, suspended, or surrendered, and probation

Question 10

This request documents to be provided, or brought to court.

Answer 10

Subpoena

Question 11

Know the difference in expressed, implied and informed consent.

Answer 11

Implied means consent is inferred. Expressed means consent is given by written or oral word. Informed means consent is given after info is given and questions asked.

Question 12

Who are credits, ambulatory facilities, hospitals and lab services?

Answer 12

The joint commission

Question 13

What law applies when a person does a wrong doing that causes injury or damage to property?

Answer 13

Tort law, negligent, tort, malfeasance

Question 14

Know the difference between arbitrators and mediators.

Answer 14

Arbitrators submit a legally binding decision when conflict parties submit differences. Mediator helps conflicting parties, make an agreement, settlement or compromise.

Question 15

What must always be proven?

Answer 15

Negligence

Question 16

Know the difference between assault and battery.

Answer 16

Assault is an intentional threat to do harm or acting in a manner that causes another to fear bodily harm. Battery intentional, harmful or offensive contact with another that was unconsented.

Question 17

Standard of care

Answer 17

Compares the care provided by two certified MAs working in similar environments.

Question 18

Misfeasance

Answer 18

Improper performance of a lawful act

Question 19

Nonfeasance

Answer 19

Failure to act one and one had a legal duty to act

Question 20

Malfeasance

Answer 20

Performance of an unlawful, wrongful act.

Question 21

Res Ipsa Loquitur

Answer 21

The thing speaks for itself. The principal that the occurrence of the accident implies negligence.

Question 22

Reasonable person standard

Answer 22

Applies reasonable behavior as an objective test to measure another person’s actions, or lack of actions

Question 23

Misdemeanor

Answer 23

Considered a lesser criminal offense, and is punishable by substantial fine and possible jail time under one year

Question 24

Felony

Answer 24

Are you serious, criminal offense, and his classified by degree with first-degree being the most serious. Carries a substantial fine, and jail time greater than one year.

Question 25

Expert witness

Answer 25

People who are educated and knowledgeable in the area of concern, they testify in court, and provide expert opinion

Question 26

Premium

Answer 26

Payment paid to the insurance company for a policy

Question 27

Libel

Answer 27

Legally responsible or obligated

Question 28

Occurrence policy

Answer 28

An insurance policy that covers claims for wrongful acts that occurred during the policy year