CHAPT. 4 CRIMINAL ACTS & INTENTIONAL TORTS

Question 1

Criminal Acts

Answer 1

• Misdemeanor

- Felony

Question 2

Misdemeanor

Answer 2

is an offense classified lower than a felony

-generally punishable by a fine or imprisonment other than in a penitentiary

Question 3

Felony

Answer 3

is defined as a crime of grave or more serious nature than those designated as misdemeanors
-punishable by DEATH or IMPRISONMENT for a term exceeding one year

Question 4

Robbery

Answer 4

forcible stealing of personal property of another from the person or in the immediate presence of the victim

Question 5

Murder

Answer 5

an act done with intent to kill the victim

Question 6

Attempted Murder

Answer 6

to prove that a defendant is guilty of an attempt, three things must be proven beyond a reasonable doubt:

• the defendant had specific intent to commit that particular crime
• the defendant took an overt act toward committing that crime, which was part of carrying out the crime
• the defendant act did not result in a complete crime

Question 7

Euthanasia

Answer 7

act or practice of painlessly putting to death persons suffering from incurable and distressing disease as an act of mercy

Question 8

Manslaughter
Ex.: When a physician does not practice in good faith uses a form of treatment not accepted by atleast a respectable minority of the medical profession or practices under the influence of drugs, alcohol causing death to a patient

Answer 8

unlawful killing of another without malice

-it is necessary to prove that there is wanton or reckless conduct

Question 9

Malice

Answer 9

an unjust intention to commit an illegal act to injure someone

Question 10

Conspiracy
To be proven guilty of the crime of conspiracy, 3 things must be proven beyond a reasonabe doubt:
-that the defendant joined in an agreement or plan woth one or more other persons
-that the purpose of the agreement was to do something unlawful
-that the defendant joined the conspiracy knowing of the unlawful plan and intending to help carry it out

Answer 10

a scheme between 2 or more persons formed for a purpose of committing, by their joint efforts, some unlawful criminal act, or some act that is lawful in itself but becomes unlawful when done by the concerted action of the conspirators

Question 11

Larceny “stealing”

Ex: In a healthcare setting would be office employees stealing drug samples or medical supplies

Answer 11

to prove a defendant is guilty of larceny, 3 things must be proven beyond the reasonable doubt:

• the defendant took and carried away the property
• that property was owned or possessed by someone other than the defendant
• the defendant took the property with the intent to permanently deprive that person of the property

Question 12

Abuse

3 Types of abuse may involve medical office personnel with criminal investigating agencies

Answer 12

• Child abuse
• Elder abuse
• Domestic abuse

Question 13

Reporters

Answer 13

Under state statutes teachers, and health care providers are identified as mandated reporters

Question 14

Child behaviors indicator of abuse

Answer 14

• overly compliant, passive, keep a low profile, avoids confrontation with parents
• extremely aggressive, demanding, rageful
• role reversed “parental “ behavior, or extremely dependent behavior
• lags in development- falling behind norm for their age in toilet training, motor skiils, socialization and language development

Question 15

Elder abuse

Answer 15

Divided into 5 classifications:

• Passive neglect “Not caring, pt is not well groomed”
• Active neglect “The Anne Capute case”
• Psychological abuse
• Financial abuse “rape of estate”
• Physical abuse

Question 16

Domestic violence

“Biting, hitting, slapping, pinching, shoving, grabbing”

Answer 16

• Abuse, physical or mental that occurs within home

- Violence unjust and unwarranted exercise of force, outrage or fury

Question 17

Sexual assault

Answer 17

any type of sexual contact, or behavior that occurs w/o the explicit consent of the recipient. Falling under the def. of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling attempted rape

Question 18

Fraud

Ex: Upcoding procedures, kickbacks for referrals, filing false info, billing services not provided, renting patients

Answer 18

is a deliberate deception intended to produce unlawful gain

Question 19

Informants

Answer 19

an investigation is usually triggered by a tip

-medical assistants may be considered co-conspirators with the physician in fraud

Question 20

HIPPA “Health insurance portability and accountability act of 1996

Answer 20

a provision requiring every health plan and provider to maintain “reasonable and appropiate” safeguards to -ensure confidentiality of any health information that identifies the indiv. or relates to indiv. physical or mental health
-is created or received by a health plan, provider, or employer

Question 21

Embezzlement
occurs in the medical office when the assistant handling payments from patients takes money and uses it for their own purpose

Answer 21

In order to prove embezzlement

• there must be a relationship such as employment between the embezzler and the owner of the money
• the money must come into the hands of the embezzler because of the relationship
• there must be an intent to fraudulently misappropriate the money

Question 22

Illegal sales of drugs

Answer 22

In order to be found guilty of this offense:

• the substance in question has to be a controlled substance
• the indiv. being charged has to have perceptible amount of the substance on them or have distributed some amount to another person or persons
• the indiv. must have done so knowingly or intentionally

Question 23

Intentional torts

Answer 23

• Assault & battery
• Invasion of privacy
• False imprisonment
• False claim acts
• Defamation of character
• Intentional infliction of emotional distress

Question 24

Invasion of privacy

Answer 24

privacy is a constitutional right