Chapter 7 Legal Essentials and Patient Rights Flashcards

1
Q

What are the two basic types of laws

A

Common law and Statutory law

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2
Q

What is the oldest form of law

A

Common law

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3
Q

This type of law includes statues enacted by federal, state, or local governments

A

Statutory law

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4
Q

Which law addresses statues enacted regarding the power of agencies to regulate and enforce laws

A

Administrative law

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5
Q

What are the three phases to a law suit

A

1) Pleading Guilty
2) Discovery Phase
3) Trial

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6
Q

This type of law involves crime against an individual including slander, libel, trespassing, and contract violation

A

Civil law

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7
Q

A wrong committed against a person or property which may result in physical injury, damage to personal property, or deprivation of liberty or freedom

A

Tort

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8
Q

Unlawful touching of a person without his or her consent even if the act is performed for his or her benefit

A

Battery

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9
Q

Occurs when a medical professional confines a patient against his or her will

A

False imprisonment

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10
Q

Speaking potentially damaging and malicious words

A

Slander

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11
Q

Publishing info in a written form

A

LIbel

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12
Q

The illegal appropriation of funds in your care

A

Embezzlement

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13
Q

Interference of a persons right to be left alone

A

Invasion of privacy

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14
Q

Any attempt to deceive someone including false promises to the patient

A

Fraud

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15
Q

Acts that are not intentionally committed but result in injury to a person

A

Unintentinal Tort

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16
Q

When someone has a duty to provide reasonable care and fails to do so

A

Negligence

17
Q

What are the four D’s to prove a case

A

1) Duty
2) Direct cause
3) Direct damages
4) Derelict (breach of duty)

18
Q

The thing that speaks for itself

A

Res Ipsa

19
Q

Let the master answer

A

Respondeat Superior

20
Q

What are the two types of consent

A

1) informed

2) implied

21
Q

Legal documents that are created by a compentent person to provide written info concerning his or her own desires for treatment

A

Advanced Directive

22
Q

Expresses the patient wishes concerning future medical use

A

Living will

23
Q

An agent to act on the patients behalf should the patient lose the ability to make decisions

A

Durable power of attorney

24
Q

Which of the following is not an intentional tort

1) Embezzlement
2) Malpractice
3) Assault
4) False imprisonment

A

2) Malpractice

25
Q

Which of the following is an example of an intentional tort

1) Negligence
2) Malpractice
3) Assault
4) Breach of duty

A

3) Assault

26
Q

Which of the following would be an example of an unintentional tort

1) Immobilization of a patient against his or her will
2) Hitting a patient who hit you first
3) Falsely stating that a patient will soon recover from his or her illness
4) Performing the wrong exam on a patient

A

4) Performing the wrong exam on a patient

27
Q

HIPPA requires all of the following except

1) Standardization of electronic medical records
2) Standardization of financial data
3) Protection against law suits
4) Protection for patient confidentiality

A

3) Protection against law suits

28
Q

Which of the following is not a form of statutory law

1) Administrative
2) Civil
3) Criminal
4) Common`

A

4) Common

29
Q

Respondeat superior is a doctorine of

A

Liability

30
Q

Which of the following would have administrative legal powers

1) OSHA
2) ARDMS
3) ARRT
4) JRC-DMS

A

1) OSHA

31
Q

Which of the following relates to the enforcement regulations and penalties associated with HIPPA

1) Obamacare
2) Health Information Technology for Economic and Clinical Health
3) PCP
4) Affordable Care Act

A

2) Health Information Technology for Economic and Clinical Health

32
Q

Which of the following is an intentional tort

1) Not providing reasonable care
2) Performing the wrong exam on a patient
3) Battery
4) Negligence

A

3) Battery

33
Q

What is also referred to as a healthcare proxy

A

Durable power of attorney

34
Q

What US health assistance program was developed to help low income individuals pay for healthcare

A

Medicade

35
Q

What is the basis for decisions of a case based on previous cases

A

Stare decision

36
Q

Which of the following is not an example of an intentional tort

1) Battery
2) Negligence
3) Assault
4) Invasion of privacy

A

2) Negligence

37
Q

What US health assistance program was developed to help elderly or disabled individuals pay for healthcare

A

Medicare

38
Q

Res ipsa loquitur is a doctrine of

A

Negligence