Definitions

Question 1

Statutory Law

Answer 1

Congressional/legislative

Examples: affordable care act, hipaa, emtala

Question 2

Administrative Law

Answer 2

Enacted by state agencies :

• regulations imposed on licensure
• office of inspector general
• department of health and human services

Question 3

Constitutional Law

Answer 3

Highest level of authority:

• all other laws must comply
• federal laws trump state unless the states gives more protection

Question 4

Civil court system

Answer 4

Usually 2 parties, normally winner gets money or made “whole”
Ex: breach of contract, false imprisonment, abandonment

Question 5

Criminal court system

Answer 5

Society against an individual, usually results in imprisonment or monetary award
Examples: Medicare fraud, destruction of records, willful neglect

Question 6

How many physicians are sued each year?

Answer 6

7.4%

Question 7

Common law examples

Answer 7

False imprisonment, breach of contract, abandonment, willful neglect and medical malpractice

Question 8

Statutory Law examples

Answer 8

Patient self determination act, emergency treatment and active labor act

Question 9

False imprisonment

Answer 9

The intentional unjustified, nonconsensual detention or confinement of a person. Restraint may be physical, chemical, or emotional (i.e. Intimidation or threat)

Question 10

Breach of contract

Answer 10

When one parties fails to meet one or more contractual obligations

• regularly enter into contracts
• do not unintentionally enter into a contract (never guarantee results or outcomes)
• is not the breach of the standard of care

Question 11

Abandonment

Answer 11

Premature termination of the professional treatment relationship by the health care provider without adequate notice or the patients consent.

• a physician can be liable once the physician-patient relationship is formed
• “negligent termination”
• 30 days

Question 12

Willful neglect

Answer 12

When medical malpractice rises to the level of gross negligence
Willful and wanton conduct-wanton means done maliciously

Question 13

Patient self-determination act

Answer 13

-applies to adult who are admitted to health care facilities that accepts Medicare/Medicaid payments
Requires:
-inform patients of the right to:
—make health care decisions
—accept or refuse treatment
—make advance care directives
-outline institutional policies in place to protect patient rights

Question 14

Emergency Treatment and Active Labor Act (EMTALA)

Answer 14

• medical emergency or active labor
• right as patient to receive: screening exam, stabilizing treatment (including for unborn child), and if necessary transfer to another facility
• does not depend on financial or insurance situation

Question 15

Medical screening exam for emtala requirements

Answer 15

Process required to reach with reasonable clinical confidence the point at which it can be determined whether a medical emergency does or does not exist

triage is not enough

Question 16

Stabilizing requirements for EMTALA

Answer 16

To provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result from or occur during the transfer of the individual from a facility, or, with respect to an emergency medical condition

Question 17

Common law

Answer 17

Judge made law. Examples: law and order, few good men, judge Judy