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Legal Issues > Exam 1 > Flashcards

Exam 1 Flashcards

1
Q

The science and study of the law

A

Jurisprudence

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2
Q

Dictate what you must do

A

Laws

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3
Q

Dictate what you should do

A

Ethics

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4
Q

Burden of prrof for criminal law is ____________

A

Beyond a reasonable doubt

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5
Q

Burden of proof for civil law is ________

A

Preponderance of evidence

“more likely you did do it then didn’t do it”

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6
Q

T/F The burden of proof for a criminal case has a higher standard then a civil case

A

True

  • Criminal = beyond reasonable doubt (hard to define)
  • Civil = preponderance of evidence (easy to define)
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7
Q

A contract is any agreement between two or more paties that a court will enforce:

A

Because the agreement creates legally binding obligations between/among parties

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8
Q

T/F Contract do not need to be in writing in order to be legally binding

A

True

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9
Q

Consideration may also be a sacrifice, giving something up or refraining from doing something

A

Legal detriment

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10
Q

3 kinds of disaffirmation (legal right of incompetent party to set aside agreement)

A
  • Minors
  • Under the influence
  • Mental illness
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11
Q

May disaffirm anytime until they reach the age of majority and reasonable time their after. “It is a shield, not a sword”

A

Minors

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12
Q

One party fails to perform the required obligations

A

Breech of contract

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13
Q

Power relathionship innately present in a doctor-patient relationship

A

Undue influence

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14
Q

A civil wrong. Need preponderance of evidence to convict

A

Tort

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15
Q

3 Types of Torts

A

1) Intentional = assault and battery, invasion of privacy
2) Unintentional = negligence, malpractice (professional negligence)
3) Strict liability (liability without fault)

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16
Q

Which type of tort is NOT covered by malpractice insurance?

A

Intentional tort = assault and battery, invasion of privacy, etc.

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17
Q

For torts the burden of proof is on the accuser unless it is a case of:

A

Res ipsa loquitor

  • “the thing speaks for itself”
  • Shifts the burden of proof to the defendent (guilty until proven innocent)
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18
Q

T/F Lost records are viewed as irrebuttable presumption of malpractice

A

True

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19
Q

What are the 4 components for a successful malpractice claim (4 D’s)?

A
  • Duty
  • Dereliction of Duty
  • Direct causation
  • Damages

(If patient proves all 4 = patient proves Dr. was negligent)

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20
Q

The first essential element to a successful malpractice claim is showing that the physician owed some _____ to the claimant. This is only shown if a _________ relationship has been established

A

Duty

Doctor-Patient Relationship

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21
Q

T/F The doctors duty is only present when in the office and when the patient is charged a fee for service.

A

FALSE

  • Doctor’s duty remains the same with or without a fee
  • Informal setting/social setting = Reliance
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22
Q

Your front desk person tells a patient on the phone that their headache is probably just a subluxation and tells them to come back tomorrow to get adjusted. Patient dies that night and the family is suing the Dr. for malpractice. Is the D.C. liable?

A

YES!!

-Front desk person is an employer of the D.C. and thus the doctor is liable because of Vicarious Liability***

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23
Q

T/F The existence of a doctor patient relationship may depend not on the doctor’s intent, but the impression created in the mind of a reasonable patient

A

True

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24
Q

What is the locality rule?

A

The doctor is only liable if he failed to meet standards practiced by doctors in their community

-This has been expanded over time and is replaced by the Same or similar locality test

25
Q

Charging a pre-determined amount for a specified course of treatment, often with a discount for advanced payment that can cause many problems

A

Case fees

26
Q

In all, but the most unusual circumstances, the appropriate standard of care must be established by the testimonry of an ________ because jurors do not know if the Dr.’s acts were proper or not

A

Expert witness

27
Q

Who are the “Triers of Fact” in litigations?

A

Judge

Jurors (Jury)

28
Q

T/F The platniff is still required to produce expert witness testimony even in cases or res ipsa loquitor

A

FALSE

-With res ipsa loquitor (it speaks for itself) expert witnesses are not needed

29
Q

Res ipsa loquitor allows for an _____________ by the jury understanding that the plantiff’s injuries, sustained in parts of the body not being treated by the defendent were the result of the defendants negligence in administering the treatment

A

Inference of negligence

30
Q

What can alter the legal standard of care?

A
  • Judicial edict
  • Statutory presumption
  • Technology
  • College training
  • Specialization
  • Advertising

-

31
Q

Failing to conform to the required level of care

A

Negligence

32
Q

If the doctor is guilty of dereliction of duty to perform up to the appropriate standard as demonstrated by expert testimony, then he is _____

A

Negligent

33
Q

T/F It is ok to examine and adjust an impaired patient as long as they are conscience to consent to treatment

A

FALSE

-Impaired patients may experience reduced pain findings during examination and lead to a misdiagnosis or patient injury during testing.

34
Q

Severing the _____________ should be done in a specificed manner as not to invite an abandonment claim

A

Professional relationship

35
Q

T/F Patients can limit or restruc the consent they give for treatment

A

True

-“You can adjust my back, but don’t touch my neck”

36
Q

Unauthorzed touching of another is actionable in it self as ________

A

Battery

37
Q

What 3 things will an insurance contract provide in return for a premium?

A

1) Defend any claims against the insured
2) Provide the services of an attorney
3) Pay (up to the amounts of the policy limits) any money the doctor becomes obligated to pay because of errors or omissions covered by the policy

38
Q

What 3 things are the doctor obligated to do under the terms of his policy with the insurance provider?

A

1) Refrain from certain acts or activities prohibited by the policy that may put the company at a disadvantage and jeopardize coverage
2) Promptly report any claims or suspected claims
3) Cooperate with the company in the case of an investigation

39
Q

When it comes to insurance malpractice, have it or have ____

A

No assets

40
Q

What 3 standard conditions will limit the liability of the insurance policy?

A

1) Limits of liability under the policy
2) Occur during the policy period
3) Services of the named insured, and staff named in the declaration

41
Q

Malpractice carrier obligates itself to _______________ against the doctor

A

Defend claims and suits

42
Q

T/F Nuisance suits are typically not settled until after trial

A

FALSE

-They are typically settled before Trial

43
Q

What are the 3 coverages by NCMIC?

A

1) Indemnity = “make whole” up to the policy limits
2) Defense = insurance company is responsible to provide a defense and pay for it
3) Supplemental = civil sexual misconduct allegations, HIPPAA and privacy related issues, state disciplinary proceedings, wrongful billing and related proceedings ==== separate limits apply

44
Q

What does a $1,000,000/$3,000,000 policy mean?

A

$1,000,000 coverage per occurrence

$3,000,000 coverage per year (with multiple occurences)

45
Q

T/F The limit for each occurence pertains to each occurrence of negligence

A

True

46
Q

T/F A D.C.’s insurance will also cover associated chiropractors in his office via vicarious liability

A

FALSE

-Vicarious liability is only extended to the non-D.C. staff; the associate is a D.C. and needs his own insurance

47
Q

Two basic types of insurance

A
  • Occurence coverage
  • Claims made coverage
48
Q

Comes into play when picking jurors for the trial. Process for interviewing jurors for biases. Also used in interviewing expert witnesses. Goal is to determine qualifications.

A

Voir dire

-“speak the truth”

49
Q

Coverage pays for loss or damage sustained because of errors or omissions occuring during the effective policy period of coverage.

A

Occurence coverage

50
Q

T/F With a occurence coverage policy, you will be covered for a malpractice claim in 2008 during active practice/policy coverage even though the claim was filed in 2016, 3 years after retirement/end of policy.

A

True

-Occurence = covered for the period the claim is said to have occured if you had active coverage regardless of when the claim was actually filed.

51
Q

T/F A malpractice claim is filed against you in 2016, 3 years after retirement for you. The claim allegedly states the event occured in 1990, 2 years before you obtained occurence coverage through NCMIC. Are you still covered by malpractice insurance?

A

NO!

-Incident occured before your occurence coverage policy has started, so it is good for incidents from 1992 through forever, but NOT before 1992 (unless you get tail coverage)

52
Q

Coverage provides coverage for loss or damages sustained due to errors or omissions when the claim is made and reported during the period covered

A

Claims made coverage

53
Q

You are a new D.C. who just bought claims made coverage through NCMIC. You find out that someone has filed a malpractice claim against you 3 months before you paid the premium. Are you covered?

A

NO!

-Claims made coverage is only in effect for the amount of time the premiums are paid are do not extend before the policy began or after the termination of the policy (unless you also continue to pay the premiums or pay gap coverage insurance from the provider)

54
Q

T/F Claims made coverage is usually cheaper tahn occurence coverage (until year 5)

A

True

55
Q

T/F Occurence coverage does not need tail coverage.

A

True

-Claims made coverage would need gap coverage following retirement or in between insurances

56
Q

Conversion of the policy (at a substantial premium) to extend coverage by making the company liable for claims reported in future years

A

Tail coverage

57
Q

If there is an offer to settle the claim and the doctor withholds consent, then the doctor becomes personally liable for any judgement

A

Hammer clause

58
Q

Some companies require this. Company may utilize this process if they feel you are being unreasonable in not settling and the company could settle.

A

Arbitration

Legal Issues (3 decks)

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