CH 5 Medical Law

Question 1

torts

Answer 1

Malpractice lawsuits are part of civil law, coming under the heading of torts. (true) torts : a civil wrong committed against a person or property that causes physical injury or damage to someone’s property

Intentional Tort

Assault or battery

Defamation – slander or libel

False imprisonment

Fraud or abuse – fraud being most serious

Invasion of privacy (confidentiality)

Unintentional Tort

Negligence that can be charged

Question 2

defamation of character

Answer 2

act of damaging a person’s reputation by making public statements that are both false and malicious.

Question 3

Know which type of law malpractice lawsuits would be considered-

Answer 3

Malpractice (medical negligence) are part of civil law based on tort law and breach of contract

Question 3

Implied contract -

Answer 3

conduct of parties indicates acceptance
Example: Making a medical appointment implies that the patient wants to receive medical care. (Implied consent given at time appointment made)

Question 3

Informed consent -

Answer 3

Informed consent involves having full information prior to making decision on treatment plan

Patients who cannot give informed consent include minors and are mentally incompetent.

Married minors and those who are self-supporting and do not live with their parents are allowed to give informed consent.

Question 4

The four C’s of medical malpractice prevention –

Answer 4

Caring, Communication, Competence Charting

Question 5

Arbitration -

Answer 5

opposing side use of person outside court system, often with special knowledge in the field, to hear and decide the dispute

Question 6

Subpoena -

Answer 6

a written court order addressed to a specific person, requiring that person’s presence in court on a specific date at a specific time

Question 7

Malfeasance -

Answer 7

unlawful act or misconduct

Question 8

Dpoa durable power of attorney -

Answer 8

document gives someone the right to make decisions regarding medical care on the patient’s behalf.

Question 9

Anti-kickback law

Answer 9

giving financial incentives to a healthcare provider for referring patients or for recommending services or products is prohibited under the federal Anti-Kickback Law and state laws

Question 10

OSHA

Answer 10

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA):

OSHA is division of the U.S. Department of Labor

Creates federal laws to protect healthcare workers from hazards on the job

Controls workers’ exposure to infectious disease

Regulates exposure to toxic substances

Standard precautions developed by the CDC and required by OSHA

Question 11

HCQIA healthcare quality improvement act -

Answer 11

1986: HEALTH CARE QUALITY IMPROVEMENT ACT (HCQIA)

Federal law enacted to create a national tracking system concerning medical malpractice payments

Established the National Practitioner Data Bank

Question 12

Hippocratic oath

Answer 12

doctors oath – Medical students pledge to practice medicine ethically, was developed in ancient Greece. Developed by Hippocrates (4th- century B.C.) among the promises of the Hippocratic oath are to use the form of treatment believed to be best for the patient, to refrain from harmful actions, and to keep a patient’s private information confidential

Question 13

Basic responsibilities of AMA -

Answer 13

promotes and protects the professional interests of doctors and the healthcare needs of patients and communities. Representing doctors, the AMA works with governments to develop and influence health policy to provide the best outcomes for doctors, their patients, and the community. Defines ethical behavior

Question 14

Bioethical issues -

Answer 14

Use of fetal tissue, Surrogate mothers, Organ donation allocation, (page 71 CH 5)

Question 15

Sole proprietorship -

Answer 15

“solo practice” in this type of practice, a physician practicing alone assumes all the benefits for and liabilities of the business.

Question 16

Professional cooperation –

Answer 16

a corporation is a body formed and authorized by state law to act as a single entity, physicians who form corporations are shareholders and employers of the organization. The incorporators and owners have limited liability in lawsuits. Physicians are hired as salaried employees with bonus options.