Final

Question 1

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

Answer 1

Procedural law

Question 2

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

Answer 2

Civil law

Question 3

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

Answer 3

Criminal law

Question 4

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

Answer 4

Common law (Stare Decisis)

Question 5

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

Answer 5

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

Question 6

*The supreme law of the land

Answer 6

The United States Constitution

Question 7

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

Answer 7

Trial court

Question 8

*What is the common of pleas court

Answer 8

Trial court

Question 9

*What is a reason to appeal to the appellate court

Answer 9

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

Question 10

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

Answer 10

True

Question 11

*T/F law suits go to trial quickly

Answer 11

False

Question 12

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

Answer 12

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

Question 13

*What should a physician do if they are sued?

Answer 13

Immediately notify their insurance carrier

Question 14

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

Answer 14

Talk to an attorney and read the patient’s records

Question 15

*What follows the opening statement?

Answer 15

The plaintiff’s case in chief

Question 16

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

Answer 16

Negligence

Question 17

*The failure to meet the standard of care is called

Answer 17

Breach of duty

Question 18

*How do courts treat mental conditions

Answer 18

They are irrelevant for purposes of negligence liability (incompetent)

Question 19

*What is the preponderance of the evidence?

Answer 19

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.

Question 20

*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.

Answer 20

Proximate cause

Question 21

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

Answer 21

The custom of their profession?

Question 22

*What did Bruni v. Tatsumi rule?

Answer 22

The community is the profession

Question 23

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

Answer 23

The Complaint

Question 24

*How can the service of the complaint be completed?

Answer 24

Certified mail

Question 25

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

Answer 25

File an answer or motion

Question 26

*What information is subject to discovery?

Answer 26

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

Question 27

*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?

Answer 27

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

Question 28

*State the order of the trial

Answer 28

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

Question 29

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

Answer 29

The opportunity to cross exam the witness

Question 30

*What is a frequent allegation in medication errors?

Answer 30

Failure to monitor (therapeutic drug level)

Question 31

*What must be included in the consent?

Answer 31

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

Question 32

*What should you never do to records

Answer 32

Make after-the-fact alterations

Question 33

*What makes someone incompentent

Answer 33

Mental retardation

Question 34

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

Answer 34

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

Question 35

*What does consent do?

Answer 35

Set forth in general terms - procedure - expectations - risks - physician - signed by patient

Question 36

*What must be disclosed to patients?

Answer 36

Material risks Severity Frequency and chances of occurrence Alternate procedures

Question 37

*How can you refuse a patient?

Answer 37

By advising to go to ED in an emergency

Question 38

*What is respondeat superior?

Answer 38

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

Question 39

*What does liability depend on?

Answer 39

The establishment of a master-servant relationship

Question 40

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

Answer 40

One year

Question 41

*What is I'm sorry law

Answer 41

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

Question 42

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

Answer 42

Peer review privileges | Physician-Patient privilege (Ohio statute)

Question 43

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

Answer 43

Subpoena

Question 44

*What is motion to quash

Answer 44

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

Question 45

*T/F Insurance is a contract

Answer 45

False, bc it doesn't control any obligations

Question 46

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

Answer 46

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

Question 47

*Can staff privileges be denied, suspended or revoked?

Answer 47

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

Question 48

*What is the preferred means of business communication?

Answer 48

Email

Question 49

*Can emails be deleted permanently?

Answer 49

No, there's "e-discovery"

Question 50

*Top 10 mistakes of email

Answer 50

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

Question 51

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

Answer 51

Office of the Inspector General

Question 52

*What is the duty of the OIG

Answer 52

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

Question 53

*T/F size matters?

Answer 53

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

Question 54

*Each year what does the OIG issue?

Answer 54

A work plan that identifies targeted entities

Question 55

*What is the Stark-Physician Self-Referral Law

Answer 55

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

Question 56

*What does the false claims act not require?

Answer 56

The intent to disregard

Question 57

*What does HIPAA stand for?

Answer 57

Health Insurance Portability and Accountability Act

Question 58

*What does HIPAA cover?

Answer 58

The USE and disclosure of protected health information