Final Flashcards
The meaning of litigious.
Increased engagement of lawsuits
Legal term for person initiating the lawsuit
Plaintiff
A court decision that becomes precedent is what type of law?
Case law
When there is no basis for trial and plaintiff wins as a matter of law it is called…
Summary judgement
Most important reason medical professionals should be familiar with law and ethics?
To help avoid legal entanglements that may threaten a successful living.
One regulation for manufacture of medical devices and pharm products.
In Drug injury cases is whether or not manufacturer made false or misleading statements to win FDA approval.
The role of moral values in society
Serving as a guide for personal ethical conduct
Term for state laws that apply to health practitioners in medical field
Medical practice acts
Conduct in workplace that draws upon influences of family, culture, and society is called…
moral values
Author of medical code of ethics in Babylonia around 2250 BC
Hammurabi
AMA member accused of unethical conduct by fellow members. What is recourse of group.
Expelling the physician from the group
Etiquette rules are determined by
Protocols
Qualities inherent to the critical thinking process
Identifying and clarifying problems
Organization that approves devices before marketed and meets all specifications
Food and Drug Administration
The purpose of the codes that govern health care professional’s practice
To increase the competence and standards of care within the profession
Meaning of D needs in Maslow’s heirarchy
Deficient
Current thought on how value development is made.
When people are born, they have no values in place.
The behavior of playing games and making up rules as you go along is what stage of normal development?
Preoperational stage
An example of subjective decision making in workplace …
Deciding how to handle a friend/co-worker’s alcohol problem
What type of framework is used when decision is based on results that will produce the greatest balance of good over evil, everyone considered.
Act-utilitarianism
Utilitarianism method - which do proponents indicate should be the solution of choice.
The solution that provides happiness over pain for those invovled.
Which of the following principles of health care ethics does informed consent protect?
Autonomy
A patient who was injured in a fall in a healthcare facility due to negligence of nurse files malpractice. What ethical principle applies in this situation?
Justice
Nurse practitioner double checks all meds prior to dispensing. Which of the seven principles of health care ethics is the nurse following?
Nonmaleficence
Principle of health care ethics used in discussion that everyone is entitled to health care regardless of ability to pay for that care.
Justice
Doctor prescribes placebo who feels patient is complaining of pain that is not there. What example of violation of principle of health care ethics?
Veracity
Medical tech speaking loudly about patient blood test outside patient’s door violates what principle of health care ethics
Confidentiality
What is the unique focus of healthcare providers that challenges them to make sound ethical decisions.
The present and future health of the patient
The nurse is planning care for a client and makes a list of all the options from which to choose. This is an example of what step of the decision making process?
Step 3
Achievement of state requirements for credentials to practice is called …
licensure
Managed health care plan accredited by NCQA - what accurate regarding participation in this certification program?
Approximately half of the nation’s HMOs are accredited
Physician moves to another state asking new state to accept old license is ….
Reciprocity
Basic difference between MDs and DOs
MDs are trained in allopathic medicine
Reason med students more likely to specialize than remain generalists
Lack of attractiveness of general practice in rural and underserved areas
Situation when phys doesn’t need valid license to practice in state
Engaged solely in research & not treating patients
License can be revoked for felony, unprofessional conduct or incapacity. What considered unprofessional conduct?
falsifying records
A primary mandate of medical practice acts in all 50 states
Define what is meant by “practice of medicine” in each state
PA employed by physician is a medical office. Which describes the role of this health care team member?
The PA can legally perform more procedures than a registered nurse.
Example of fraud
Falsifying a medical diploma
A test to determine whether an employee was acting with the scope of employment when a negligent act is committed.
The act serves the interest of the employer.
Disadvantage of a sole proprietorship practice
Physician has unlimited personal liability
Arrangement where 2 drs practice individually but share office space and employees is called
Associate practice
Advantage of 3 physicians form partnership under written agreement.
Sharing the workload and expenses
Patient in managed care insurance program pays $500 annually for plan - payment called
Deductible
Immanuel Kant defined categorical imperative as the guiding principle for all decision making. What is the meaning of this principle?
There are no exceptions from the rule.
System to keep any one branch of gov from assuming too much power
checks and balances
3 branches of gov which is a characteristic of state governements
The governor is the head of the state’s branch.
Type of law based on customs and traditions of the people
common law
Individual laws, called statutes start as …
Bills
Laws such as those pertaining to the functioning of the IRS are known as:
Administrative law
Practicing medicine without a license is what type of law violation?
Criminal
Punishment for a felony
Death or imprisonment in a state or federal prison for more than one year
A nurse who steals narcotic drugs from a medication cart is committing what type of crime?
Criminal
Civil law includes a general category of law known as torts. What is not a tort?
Breach of contract
Example of an unintentional tort
Negligence
What element of a contract is fulfilled when an acute-care facility makes an offer and the patient accepts it?
Agreement
An agreement with a mentally incompetent person may be set aside or validated at a later date because it is ….
voidable
An implied contract results from …
The actions of the parties involved
When is the patient/physician contract usually terminated?
When the treatment ends and the bill is paid.
Which of the following legislation governs the extension of consumer credit if the credit is offered to consumers on a regular basis, is subject to a finance charge and is for personal, family, or household purposes?
Regulation Z
The term for employers legal responsibility for employees.
Liable
What responsibility for employees does not fall under what employers must do?
Employee safety to and from work place
Concept of a certain standard of care expected of health care practitioners.
An expected level of performance
A health care worker is responsible for his or her actions or failure to act. Which of the following best describes this responsibility to prevent negligence from occurring?
Reasonable person standard
What is true regarding the standard of care expected of an obstetrics physician
Held to the same standard as other obstetricians.
Which of the following is an example of privileged communication?
A patient tells his physician that he is addicted to pain killers.
In which of the following situation may patient confidentiality be waived?
When a third party requests a medical examination of a person for employment.
The basis for professional malpractice claims and the most common liability in medicine?
Negligence
A nurse dispensing a painkiller to a patient without the physician’s order for the medication is an example of which tort?
Malfeasance
An example of misfeasance.
A nurse is changing a patient’s IV line, but does not wash her hands prior to procedure.
Not one of the 4 Ds of negligence.
Defense
The english meaning for res ipsa loquitur
The thing speaks for itself
A judge award plaintiff $1 is known as what type of award.
Nominal
A set of written questions requiring written answers are given to a plaintiff while under oath.
Interrogatory
A neutral 3rd party listening to both sides of the argument and helping resolve the dispute is called.
Mediation
4 cs of med malpractice prevention - The C with the benefits of improved medical condition and decreased likelihood that they will sue
Caring
The 4 c that states if it isn’t in writing it wasn’t done.
Charting
The highest rated action that might prevent litigation.
An explanation and apology
Defense for med malpractice claiming patient didn’t follow treatment regimen prescribed and contributed to own injury.
Contributory negligence
Defense to professional liability suits is informed consent one of the most important elements
Assumption of risk
Physician comes to aid in earthquake and sued for malpractice would not be held liable under common law if defense established which of the following
The appropriate standard of care was met, given the emergency situation.
What does res judicata mean
The thing has been decided
The statute of limitations generally specifies how many years.
1-6 years
Most common dates for marking the beginning of the statutory period is …
The day the alleged act was committed.
Term for determining and eliminating problems that may lead to a malpractice lawsuit.
Risk Management
employer’s plan in place to ensure all gov regs are enforced in office
Compliance
