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Med Law > Final > Flashcards

Final Flashcards

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1
Q

*Law that establishes methods to enforce the rights established by substantive law.

A

Procedural law

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2
Q

*Law that establishes the rights and duties concerning interaction among people and the relief available when these rights and duties are violated.

A

Civil law

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3
Q

*Law that establishes rules regulating conduct which society desires to prohibit, wrongs against society for which society demands redress.

A

Criminal law

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4
Q

*The doctrine under which judges are obligated to follow past judicial decisions.

A

Common law (Stare Decisis)

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5
Q

*A precedent set by higher court is binding on all lower courts in its jurisdiction and the issuing court itself.

A

Binding authority (So if an appellate court sets the precedent, the appellate court and the trial courts must follow its jurisdiction.

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6
Q

*The supreme law of the land

A

The United States Constitution

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7
Q

*Which court applies facts to law and equity to determine an outcome?

A

Trial court

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8
Q

*What is the common of pleas court

A

Trial court

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9
Q

*What is a reason to appeal to the appellate court

A

Judge erred or made an abuse of discretion in the trial court

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10
Q

*T/F the Supreme Court does not have to hear all of the appeals which are filed

A

True

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11
Q

*T/F law suits go to trial quickly

A

False

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12
Q

*What is an alternative to dispute resolution (ADR)?

A

Negotiation (settlement with no 3rd party involved)
Arbitration (a neutral 3rd party renders a decision)
Mediation (a neutral 3rd party proposes a solution)

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13
Q

*What should a physician do if they are sued?

A

Immediately notify their insurance carrier

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14
Q

*As a defendant, what should a physician do to prepare?

A

Talk to an attorney and read the patient’s records

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15
Q

*What follows the opening statement?

A

The plaintiff’s case in chief

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16
Q

*What is the failure to use such care as a reasonably prudent and careful person would use under SIMILAR circumstances?

A

Negligence

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17
Q

*The failure to meet the standard of care is called

A

Breach of duty

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18
Q

*How do courts treat mental conditions

A

They are irrelevant for purposes of negligence liability (incompetent)

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19
Q

*What is the preponderance of the evidence?

A

The plaintiff must have a preponderance of evidence in order to make a claim, and it must be “more likely than not” over 50% in favor of the plaintiff.

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20
Q

*The primary or moving cause in a natural and continuous sequence, unbroken by an efficient intervening cause, produces the injury without which the accident could not have happened.

A

Proximate cause

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21
Q

*The standard of care to which physicians are held is set by what?

A

The custom of their profession?

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22
Q

*What did Bruni v. Tatsumi rule?

A

The community is the profession

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23
Q

*What is the initial pleading by which an action is commenced

A

The Complaint

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24
Q

*How can the service of the complaint be completed?

A

Certified mail

25
Q

*What must a defendant do when responding to a complaint?

A

File an answer or motion

26
Q

*What information is subject to discovery?

A

Information that is not privileged, but NOT in the form of a peer review.

27
Q

*What is the disposition of a controversy without trial when there is no dispute as to either material fact or inferences to be drawn from the undisputed facts, or when there is only a question of law at issue?

A

Summary judgment (when there can be one reasonable conclusion based on the law)

28
Q

*State the order of the trial

A 
Jury selection
Opening statements
Plaintiff's case in chief
Defendant's case in chief
Final arguments
Jury instructions and interrogatories
29
Q

*What does the defendant have an opportunity to do after the plaintiff’s direct examination?

A

The opportunity to cross exam the witness

30
Q

*What is a frequent allegation in medication errors?

A

Failure to monitor (therapeutic drug level)

31
Q

*What must be included in the consent?

A

Potential complications
Surgical and alternative procedures discussed with the patient
Type of anesthesia used

32
Q

*What should you never do to records

A

Make after-the-fact alterations

33
Q

*What makes someone incompentent

A

Mental retardation

34
Q

*If a patient cannot give a valid consent, who can?

A

A surrogate (member of the patient’s family or court appointed guardian)

35
Q

*What does consent do?

A

Set forth in general terms

  • procedure
  • expectations
  • risks
  • physician
  • signed by patient
36
Q

*What must be disclosed to patients?

A

Material risks
Severity
Frequency and chances of occurrence
Alternate procedures

37
Q

*How can you refuse a patient?

A

By advising to go to ED in an emergency

38
Q

*What is respondeat superior?

A

Vicarious liability for employees, states employer is liable if the acts are committed within the scope of employment

39
Q

*What does liability depend on?

A

The establishment of a master-servant relationship

40
Q

*What is the statute of limitations for a medical claim?

A

One year

41
Q

*What is I’m sorry law

A

You’re allowed to say I’m sorry the outcome wasn’t what you expected, this is not admissible in court.

42
Q

*What are 2 privileges when a physician may not be called to testify?

A

Peer review privileges

Physician-Patient privilege (Ohio statute)

43
Q

*A command to appear at a certain time and place to give testimony upon a certain matter

A

Subpoena

44
Q

*What is motion to quash

A

Response to a subpoena that states the other party did not provide reasonable to time, requires disclosure of privilege, undue burden yada yada

45
Q

*T/F Insurance is a contract

A

False, bc it doesn’t control any obligations

46
Q

*When you sign a non-compete agreement, does geography matter?

A

Yes, it’s not unlimited (ie within Cuyahoga county)

47
Q

*Can staff privileges be denied, suspended or revoked?

A

Yes at any time, but not for any reason. Requires constitutional due process - procedural)

48
Q

*What is the preferred means of business communication?

A

Email

49
Q

*Can emails be deleted permanently?

A

No, there’s “e-discovery”

50
Q

*Top 10 mistakes of email

A

Personal inappropriate use
No subject line/recycled subject line
Forwarding previous message
-All of the above

51
Q

*Most federal regulation of health care industry is done by what?

A

Office of the Inspector General

52
Q

*What is the duty of the OIG

A

To detect waste, fraud and abuse and to protect/restore funds to the medicare trust fund.

53
Q

*T/F size matters?

A

False, regardless of the size of a health care provider, they are subject to regulation by the 010

54
Q

*Each year what does the OIG issue?

A

A work plan that identifies targeted entities

55
Q

*What is the Stark-Physician Self-Referral Law

A

Prohibits physicians from referring medicare/medcaid patients to entities in which the physician or family member has a financial interest (NOT ANTI-KICK BACK)

Strict liability applies

56
Q

*What does the false claims act not require?

A

The intent to disregard

57
Q

*What does HIPAA stand for?

A

Health Insurance Portability and Accountability Act

58
Q

*What does HIPAA cover?

A

The USE and disclosure of protected health information

Med Law (1 decks)

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