Final Review Slides Flashcards
1
Q
3 branches of government
A
Legislative branch
Executive branch
Judicial branch
2
Q
Lawmaking body
Legislative branch
A
Congress
3
Q
Creates rules (more specific laws) to enforce the law
A
President
Executive branch
4
Q
Interpret law
A
Supreme court
Judicial branch
5
Q
Legal cases for violation of the law are brought and heard in
A
State and federal trial courts
6
Q
Outcomes of state and federal trials are known as ___ and documented as ___
A
Rulings
Judicial opinions
7
Q
Judicial opinions are
A
Interpretation of the law
8
Q
Explanation given by a judge for the reasoning and president of a court’s decision
A
Judicial opinions
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
10
Q
___ have the force of law in that jurisdiction
A
Opinions
11
Q
Traditional principles of law not typically written in statues
A
Common law
12
Q
Common law examples
A
Tort law
Contract law
13
Q
Highest court in the federal system
A
Supreme court
14
Q
Nine justices meeting in washington DC
A
Supreme court
15
Q
Appeals jurisdiction through certiorari process
A
Supreme court
16
Q
Limited original jurisdiction over some cases
A
Supreme court
17
Q
Intermediate level in the federal system
A
Courts of appeal
18
Q
12 regional circuit courts, including DC circuit
A
Court of appeal
19
Q
No original jurisdiction; strictly appellate
A
Court of appeals
20
Q
Lowest level in the federal system
A
District courts
21
Q
94 judicial districts in 50 states and territories
A
District courts
22
Q
No appellate jurisdiciton
A
District courts
23
Q
Original jurisdiction over most cases
A
District courts
24
Q
Wrongful act committed against another person or property, resulting in harm
A
Elements of a tort
25
The plaintiff must suffer a mental or physical injury caused by the defendant
Harm
26
This harm to the plaintiff must be caused by the wrongful act of the defendant
Causation
27
Person intentionally or deliberately injured by another
Intentional torts
28
Unlawful touching of another
Battery
29
Lacking consent
Battery
30
Forcing a patient to do anything against their wishes or without their knowledge
Battery
31
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
Battery
32
Threat of bodily harm to another
Does not have to be actual touch
Assault
33
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
Informed/expressed consent
34
Indicates that the patient understands the limits or risks involved in the pending treatment
Signature
35
Goals of informed/expressed consent
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
36
Mohr v Williams
Informed/expressed consent
37
The unauthorized publicity of information about a patient
Invasion of privacy
38
Inherent duty to maintain patient confidentiality
Invasion of privacy
39
Estate of Berhiaume v Pratt
Invasion of privacy
40
Violation of the personal liability of another person through unlawful restraint
False imprisonment
41
Takes action to confine a patient
False imprisonment
42
Patient not allowed to leave a room or building and had no reasonable means of escape
False imprisonment
43
Deliberate concealment of facts from another person for unlawful or unfair gain
Fraud
44
Illegal billing for services that may or may not have rendered
Fraud
45
Dishonesty when conducting medical research
Fraud
46
Illegal sale of drugs
Fraud
47
Negligence by a healthcare professional is considered to be
Malpractice
48
Unintentional tort
Negligence - malpractice
49
Person performs or fails to perform an action that a reasonable professional person would or would not have performed in a similar situation
Negligence malpractice
50
Both action and inaction (omissions) can be considered
Negligence
51
Every mistake or error is NOT
Malpractice
52
When a treatment or diagnosis does not turn out well, the provider is not necessarily
Negligent
53
4 elements of negligence
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
54
Responsibility established by the provider-patient relationship
Duty
55
The obligations the provider has to the patient
Duty
56
Patient/plaintiff has to prove that a relationship has been established
Duty
57
Duty is assessed based on the
Reasonable person standard
58
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
Standard of care
59
All providers are held to the same
Standard of care in their field of practice
60
The test for standard of care is
Reasonable person standard
61
Continuous sequence of events, unbroken by any intervening cause that produces an injury and without which the injury would not have occurred
Direct or proximate cause
62
The injury was proximately or closely related to the provider/defendant’s negligence
Direct or proximate cause
63
There was no intervening forces between the defendant’s action and the plaintiff’s patient injury
Direct or proximate cause
64
The last negligent act that contributed to a patient’s injury, without which the injury would have resulted
Direct or proximate cause
65
The thing speaks for itself
Res ipsa loquitur
66
Breach is so obvious that it does not need further explanation
Res ipsa loquitur
67
Injury would not have occurred wihout the negligence of someone
Res ipsa loquitur
68
Injuries caused by the defendant
Damages
69
Plaintiff seeks recovery/compensation for damages
```
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
Defendant present evidence that the patient’s condition was the result of factors other than the defendants negligence
Affirmative defense
71
Undesirable side effects; informed consent documents
Assumption of risk
72
Patient was fully or in par at fault for the injury; plaintiff will recover nothing
Contributory negligence
73
Plaintiff can recover based on the percent of the damage caused by the defendant
Comparative negligence
74
Limits the time frame for a lawsuit to be filed
Statute of limitations
75
Exception to statute of limitations - rule of discovery
Statutes does not begin to run until the injury is discovered
76
Professional liability
Conditions of the premises
| Respondeat superior
77
Exercise the standard of care of any other business owner
Conditions of the premises - professional liability
78
Conditions of the premises examples
Broken steps
Malfunctioning elevators or doors
Defective carpets
Safety
79
Employer is liable for the consequences of the employee’s action committed in the scope of employment
Respondeat superior
80
Does not necessarily require wrong directly by employer
Respondeat superior
81
A legal entity that requires no state filing to create it
Sole proprietorship
82
Simply one person operating a business for profit
Sole proprietorship
83
Person has unlimited personal liability for the business
Can have employees
Sole proprietorship
84
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
Sole proprietorship
85
Two or more people who combine their work, money, and talents to achieve a common goal
Partnership
86
Many states require a document or registration that serves as notice to the public notice an announcement that the ____ members are doing business together
Partnership
87
In conducting the affairs of a partnership
All partners are bound by the acts of others
88
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
LLC
89
LLC
Limited liability company
90
Individuals who have an interest in an LLC are usually referred to as
Members
91
Most states have laws that govern
LLC
92
Protection from being held personally liable
LLC
93
Physicians, lawyers, architects, and accountants
Professional limited liability company. - PLLC
94
Limits of liability may only be applied to certain aspects of the business such as creditors
PLLC
95
Managed care contracts with doctors, hospitals, clinics, and other health care providers to create provider networks
Managed care organizations
96
An in-network physican or health care facility is part of a MCO’s network if there is a preexisting agreement between
The MCO and the health care provider
97
MCO
Managed care organizations
98
The agreement dictates the protocols for patient care and the
MCO
Compensation system
99
Physician or health care facility that does not have an agreement with the MCO
Out-of-network provider
100
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
In-network provider
101
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
Managed care focuses on various aspects of health care and can include these characteristics
102
Employers are not allowed to ask interview qeustions involved
Race
Religion
Age
Whether a woman is pregnant
103
Employers are allowed to test potential employees as part of the hiring process but such tests must be
Carefully constructed, usually by experts, to ensure that they only measure the skills anad abilities necessary to do the job
104
The opportunity to do so cannot be denied employees on the basis of race, color, religion, sex, or national origin
Civil rights act of 1964
105
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
Disability
106
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
Title I of americans with disabilities act
107
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
Titles ii and III of the americans with disabilities act
108
Conditions that are not impairments
Pregnancy
Physical characteristics like hair or eye color
Common personality traits
Normal devisiations in height or weight
109
Federal minimum wage, madates extra pay for overtime work, regulates the employment of children, and is administered by the department of labor
Fair labor standards act (FLSA)
110
FLSA
Fair labor standards act
111
A voluntary agreement between two or more parties that establishes a legally enforceable obligation
Contract
112
Contracts can be
Oral or written
113
Parties enter into a contractual relationship by mutual agreement, also referred to as
Assent or
| Meeting of the minds
114
A clear, definitive agreement between two or more parties
Express contract
115
An actual agreement between the parties, the terms of which are openly stated in distinct and explicit language either orally or in writing
Express contract
116
An agreement not indicated by direct words but evident from the conduct of the parties
Implied contract
117
Gives rise to contractual obligations by some action or inaction without specifically stating the terms orally or in writing
Implied contract
118
The foundation of medical practice
Patient-physician relationship
119
Types of contracts
```
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
Elements of a contract
Offer
Acceptance
Consideration
121
A proposal to perform or refrain from a certain action
Offer
122
An agreement to the terms of an offer
Acceptance
123
Something promised that results in making an agreement a lawful, enforceable contract
Consideration
124
To form a contract there must be a clear understanding between parties
Mutual agreement
Assent
Meeting of the minds
125
Legal duties and obligations exist once a ___ exists, so it is important ot udnerstand when the relationship begins and ends
Patient-physician relationship
126
St. John v Pope
Mutual agreement
127
Wax v Johnson
Mutual agreement
128
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
Breach of contract
129
Occurs when one party prevents the other party from performing
Breach of contract
130
Examples of breach
Patient does not pay bill
When a physician makes a warranty that the physicain will cure the patient but fails to do so
131
An agreed-upon addition signed by all parties to the original contract
Amendment
132
Details the specific terms, clauses, sections and definitions to be changed in the original contract but otherwise leaves it in full force and effect
Amendment
133
The goal when writing a contract amendment is
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
Including an additional document in the already existing one
Addendum
