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JURISPRUDENCE > Final Review Slides > Flashcards

Final Review Slides Flashcards

1
Q

3 branches of government

A

Legislative branch
Executive branch
Judicial branch

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2
Q

Lawmaking body

Legislative branch

A

Congress

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3
Q

Creates rules (more specific laws) to enforce the law

A

President

Executive branch

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4
Q

Interpret law

A

Supreme court

Judicial branch

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5
Q

Legal cases for violation of the law are brought and heard in

A

State and federal trial courts

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6
Q

Outcomes of state and federal trials are known as ___ and documented as ___

A

Rulings

Judicial opinions

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7
Q

Judicial opinions are

A

Interpretation of the law

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8
Q

Explanation given by a judge for the reasoning and president of a court’s decision

A

Judicial opinions

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9
Q

Courts apply general principles of law (statutes or common law) to specific situations brought before the court which in effect

A

Interpret the law through their decisions

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10
Q

___ have the force of law in that jurisdiction

A

Opinions

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11
Q

Traditional principles of law not typically written in statues

A

Common law

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12
Q

Common law examples

A

Tort law

Contract law

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13
Q

Highest court in the federal system

A

Supreme court

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14
Q

Nine justices meeting in washington DC

A

Supreme court

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15
Q

Appeals jurisdiction through certiorari process

A

Supreme court

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16
Q

Limited original jurisdiction over some cases

A

Supreme court

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17
Q

Intermediate level in the federal system

A

Courts of appeal

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18
Q

12 regional circuit courts, including DC circuit

A

Court of appeal

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19
Q

No original jurisdiction; strictly appellate

A

Court of appeals

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20
Q

Lowest level in the federal system

A

District courts

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21
Q

94 judicial districts in 50 states and territories

A

District courts

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22
Q

No appellate jurisdiciton

A

District courts

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23
Q

Original jurisdiction over most cases

A

District courts

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24
Q

Wrongful act committed against another person or property, resulting in harm

A

Elements of a tort

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25
Q

The plaintiff must suffer a mental or physical injury caused by the defendant

A

Harm

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26
Q

This harm to the plaintiff must be caused by the wrongful act of the defendant

A

Causation

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27
Q

Person intentionally or deliberately injured by another

A

Intentional torts

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28
Q

Unlawful touching of another

A

Battery

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29
Q

Lacking consent

A

Battery

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30
Q

Forcing a patient to do anything against their wishes or without their knowledge

A

Battery

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31
Q

Still taken place due to the invasion of the patient’s right to provide consent and in the interest of the patient’s right to be free from anxiety and humiliation that it took place

A

Battery

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32
Q

Threat of bodily harm to another

Does not have to be actual touch

A

Assault

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33
Q

Patient agrees to the proposed course of treatment after having been told about the possible consequences of having or not having certain procedures and treatment

A

Informed/expressed consent

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34
Q

Indicates that the patient understands the limits or risks involved in the pending treatment

A

Signature

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35
Q

Goals of informed/expressed consent

A

Protect patient’s rights to decide for themselves about their own treatment

Disclose information to the patient so that they can make a reasoned decision

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36
Q

Mohr v Williams

A

Informed/expressed consent

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37
Q

The unauthorized publicity of information about a patient

A

Invasion of privacy

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38
Q

Inherent duty to maintain patient confidentiality

A

Invasion of privacy

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39
Q

Estate of Berhiaume v Pratt

A

Invasion of privacy

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40
Q

Violation of the personal liability of another person through unlawful restraint

A

False imprisonment

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41
Q

Takes action to confine a patient

A

False imprisonment

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42
Q

Patient not allowed to leave a room or building and had no reasonable means of escape

A

False imprisonment

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43
Q

Deliberate concealment of facts from another person for unlawful or unfair gain

A

Fraud

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44
Q

Illegal billing for services that may or may not have rendered

A

Fraud

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45
Q

Dishonesty when conducting medical research

A

Fraud

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46
Q

Illegal sale of drugs

A

Fraud

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47
Q

Negligence by a healthcare professional is considered to be

A

Malpractice

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48
Q

Unintentional tort

A

Negligence - malpractice

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49
Q

Person performs or fails to perform an action that a reasonable professional person would or would not have performed in a similar situation

A

Negligence malpractice

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50
Q

Both action and inaction (omissions) can be considered

A

Negligence

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51
Q

Every mistake or error is NOT

A

Malpractice

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52
Q

When a treatment or diagnosis does not turn out well, the provider is not necessarily

A

Negligent

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53
Q

4 elements of negligence

A

Provider owes a duty of care
Breach in the applicable standard for carrying out duty
A compensable injury was the proximate cause of the breach of duty
Compensable damages or injury to the patient

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54
Q

Responsibility established by the provider-patient relationship

A

Duty

55
Q

The obligations the provider has to the patient

A

Duty

56
Q

Patient/plaintiff has to prove that a relationship has been established

A

Duty

57
Q

Duty is assessed based on the

A

Reasonable person standard

58
Q

Chiropractors and other healthcare professionals must act within the ___ appropriate for their profession, with attention to their special field or their particular level of practice

A

Standard of care

59
Q

All providers are held to the same

A

Standard of care in their field of practice

60
Q

The test for standard of care is

A

Reasonable person standard

61
Q

Continuous sequence of events, unbroken by any intervening cause that produces an injury and without which the injury would not have occurred

A

Direct or proximate cause

62
Q

The injury was proximately or closely related to the provider/defendant’s negligence

A

Direct or proximate cause

63
Q

There was no intervening forces between the defendant’s action and the plaintiff’s patient injury

A

Direct or proximate cause

64
Q

The last negligent act that contributed to a patient’s injury, without which the injury would have resulted

A

Direct or proximate cause

65
Q

The thing speaks for itself

A

Res ipsa loquitur

66
Q

Breach is so obvious that it does not need further explanation

A

Res ipsa loquitur

67
Q

Injury would not have occurred wihout the negligence of someone

A

Res ipsa loquitur

68
Q

Injuries caused by the defendant

A

Damages

69
Q

Plaintiff seeks recovery/compensation for damages

A 
Permanent physical disability
Permanent mental disability
Loss of enjoyment of life
Personal injuries
Past and future loss of earnings
Medical and hospital expenses
Pain and suffering
70
Q

Defendant present evidence that the patient’s condition was the result of factors other than the defendants negligence

A

Affirmative defense

71
Q

Undesirable side effects; informed consent documents

A

Assumption of risk

72
Q

Patient was fully or in par at fault for the injury; plaintiff will recover nothing

A

Contributory negligence

73
Q

Plaintiff can recover based on the percent of the damage caused by the defendant

A

Comparative negligence

74
Q

Limits the time frame for a lawsuit to be filed

A

Statute of limitations

75
Q

Exception to statute of limitations - rule of discovery

A

Statutes does not begin to run until the injury is discovered

76
Q

Professional liability

A

Conditions of the premises

Respondeat superior

77
Q

Exercise the standard of care of any other business owner

A

Conditions of the premises - professional liability

78
Q

Conditions of the premises examples

A

Broken steps
Malfunctioning elevators or doors
Defective carpets
Safety

79
Q

Employer is liable for the consequences of the employee’s action committed in the scope of employment

A

Respondeat superior

80
Q

Does not necessarily require wrong directly by employer

A

Respondeat superior

81
Q

A legal entity that requires no state filing to create it

A

Sole proprietorship

82
Q

Simply one person operating a business for profit

A

Sole proprietorship

83
Q

Person has unlimited personal liability for the business

Can have employees

A

Sole proprietorship

84
Q

Individual ownership is the simplest and most basic business structure and appeals to a person who wants to be independent and free from the laws that govern other legal entities

A

Sole proprietorship

85
Q

Two or more people who combine their work, money, and talents to achieve a common goal

A

Partnership

86
Q

Many states require a document or registration that serves as notice to the public notice an announcement that the ____ members are doing business together

A

Partnership

87
Q

In conducting the affairs of a partnership

A

All partners are bound by the acts of others

88
Q

Legal entity, created by one or more individuals or other legal entities to further a common goal and to create ground rules for matters such as ownership, profit distribution, liability, taxes, and control

A

LLC

89
Q

LLC

A

Limited liability company

90
Q

Individuals who have an interest in an LLC are usually referred to as

A

Members

91
Q

Most states have laws that govern

A

LLC

92
Q

Protection from being held personally liable

A

LLC

93
Q

Physicians, lawyers, architects, and accountants

A

Professional limited liability company. - PLLC

94
Q

Limits of liability may only be applied to certain aspects of the business such as creditors

A

PLLC

95
Q

Managed care contracts with doctors, hospitals, clinics, and other health care providers to create provider networks

A

Managed care organizations

96
Q

An in-network physican or health care facility is part of a MCO’s network if there is a preexisting agreement between

A

The MCO and the health care provider

97
Q

MCO

A

Managed care organizations

98
Q

The agreement dictates the protocols for patient care and the

MCO

A

Compensation system

99
Q

Physician or health care facility that does not have an agreement with the MCO

A

Out-of-network provider

100
Q

To discourage the use of out-of-network providers, a patient’s reimbursement for services provided by that provider is not compensated at the same level as an

A

In-network provider

101
Q

Networks of health care providers or facilities who have agreed to predetermined protocols and compensation
PCPs
Who coordinate all of patient’s health care
Preauthorization for specific treatments
Limited reimbursement for out-of-network providers
Claim filing assigned to the provider rather than the patient
Tiered coverage of prescription drugs

A

Managed care focuses on various aspects of health care and can include these characteristics

102
Q

Employers are not allowed to ask interview qeustions involved

A

Race
Religion
Age
Whether a woman is pregnant

103
Q

Employers are allowed to test potential employees as part of the hiring process but such tests must be

A

Carefully constructed, usually by experts, to ensure that they only measure the skills anad abilities necessary to do the job

104
Q

The opportunity to do so cannot be denied employees on the basis of race, color, religion, sex, or national origin

A

Civil rights act of 1964

105
Q

A physical or mental impairment that substantially limits one or more of the major life activities of an individual, or a record of such impairment, or being regarded as having such an impairment

A

Disability

106
Q

Prohibits employment discrimination and places the burden on an employer to prove that the requirements of a specific job could not be changed to accomodate a disabled applicant

A

Title I of americans with disabilities act

107
Q

Guarantee the disabled access to the workplace. Professional offices of health care providers are in the public sector and as such require an employer make reasonable modifications for the disabled to gain access

A

Titles ii and III of the americans with disabilities act

108
Q

Conditions that are not impairments

A

Pregnancy
Physical characteristics like hair or eye color
Common personality traits
Normal devisiations in height or weight

109
Q

Federal minimum wage, madates extra pay for overtime work, regulates the employment of children, and is administered by the department of labor

A

Fair labor standards act (FLSA)

110
Q

FLSA

A

Fair labor standards act

111
Q

A voluntary agreement between two or more parties that establishes a legally enforceable obligation

A

Contract

112
Q

Contracts can be

A

Oral or written

113
Q

Parties enter into a contractual relationship by mutual agreement, also referred to as

A

Assent or

Meeting of the minds

114
Q

A clear, definitive agreement between two or more parties

A

Express contract

115
Q

An actual agreement between the parties, the terms of which are openly stated in distinct and explicit language either orally or in writing

A

Express contract

116
Q

An agreement not indicated by direct words but evident from the conduct of the parties

A

Implied contract

117
Q

Gives rise to contractual obligations by some action or inaction without specifically stating the terms orally or in writing

A

Implied contract

118
Q

The foundation of medical practice

A

Patient-physician relationship

119
Q

Types of contracts

A 
Patient-physical relationship
Insurance companies
Office or medical supplies
Lease office space
Employment
Other health care facilities
Clinical laboratories services
Medical record software
Medical equipment lease or purchase
120
Q

Elements of a contract

A

Offer
Acceptance
Consideration

121
Q

A proposal to perform or refrain from a certain action

A

Offer

122
Q

An agreement to the terms of an offer

A

Acceptance

123
Q

Something promised that results in making an agreement a lawful, enforceable contract

A

Consideration

124
Q

To form a contract there must be a clear understanding between parties

A

Mutual agreement
Assent
Meeting of the minds

125
Q

Legal duties and obligations exist once a ___ exists, so it is important ot udnerstand when the relationship begins and ends

A

Patient-physician relationship

126
Q

St. John v Pope

A

Mutual agreement

127
Q

Wax v Johnson

A

Mutual agreement

128
Q

One of the parties does not keep a promise - by not performing, not paying for services, not keeping to schedule, or not doing the procedure as had been agreed

A

Breach of contract

129
Q

Occurs when one party prevents the other party from performing

A

Breach of contract

130
Q

Examples of breach

A

Patient does not pay bill

When a physician makes a warranty that the physicain will cure the patient but fails to do so

131
Q

An agreed-upon addition signed by all parties to the original contract

A

Amendment

132
Q

Details the specific terms, clauses, sections and definitions to be changed in the original contract but otherwise leaves it in full force and effect

A

Amendment

133
Q

The goal when writing a contract amendment is

A

To only change the parts that all parties want to change while not creating any loopholes or unintended consequences in the agreement as it stands in writing

134
Q

Including an additional document in the already existing one

A

Addendum

JURISPRUDENCE (3 decks)

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