Gidden 57 Health Care Law

Question 1

The process for creating healthcare law is through (3)

Answer 1

1 the United States Congress or the state legislative processes
2 regulatory activities by government agencies
3 through precedent setting judicial opinions resulting from court cases

(Giddens 57 Health Care Law)

Question 2

Healthcare law originates from ____ and _____ sources of state and federal law, including, but not limited to, constitutional law, statutory law, administrative law, common law, tort law, contract law, criminal law, and in some instances, employment law

Answer 2

primary and secondary

(Giddens 57 Health Care Law)

Question 3

_________ law is formed under the authority of the Federal United States Constitution and enacted through Congress

Answer 3

Federal statutory

(Giddens 57 Health Care Law)

Question 4

If state law conflicts with federal law, _____ law governs

Answer 4

federal

(Giddens 57 Health Care Law)

Question 5

law deals with the fundamental principles by which a government exercises its authority

Answer 5

Constitutional

(Giddens 57 Health Care Law)

Question 6

_______ defines the role, powers, and structures of our government—namely, the executive, legislative, and judicial branches. It also describes the basic rights of citizens and relationships between our federal government and the sovereignty of the states.

Answer 6

United States Constitution

(Giddens 57 Health Care Law)

Question 7

Federal and state statutory laws are laws that arise from

Answer 7

legislative action.

(Giddens 57 Health Care Law)

Question 8

_____ law, also referred to as judge-made law, case law, or judicial precedent, is a body of law derived from decisions made by appellate or supreme courts.

Answer 8

Common

(Giddens 57 Health Care Law)

Question 9

A ____ is a wrongful and unreasonable action or omission to an individual or entity against a person who suffers harm from the act or omission

Answer 9

tort

(Giddens 57 Health Care Law)

Question 10

The goals of tort law are (3)

Answer 10

(1) to provide relief to the harmed party
(2) to impose liability on those responsible for the harm
(3) to deter others from such harmful acts

(Giddens 57 Health Care Law)

Question 11

There are three categories of tort law:

Answer 11

(1) Intentional torts, such as assault or battery
(2) negligent or unintentional torts, such as a slip and fall or a car accident
(3) strict liability, where no degree of care matters, such as ultrahazardous materials or dangerous animals.

(Giddens 57 Health Care Law)

Question 12

_______ law is the body of law that governs mutual agreements between two or more individuals or groups of people or businesses

Answer 12

Contract

(Giddens 57 Health Care Law)

Question 13

_____ law relates to crime and prohibits conduct that threatens or harms others or endangers the property or health or safety of individuals

Answer 13

Criminal

(Giddens 57 Health Care Law)

Question 14

Criminal law is distinguishable from civil law as it:

Answer 14

is distinguishable from civil law as it authorizes punitive treatment of the offender

(Giddens 57 Health Care Law)

Question 15

Legal theory is also known as

Answer 15

jurisprudence

(Giddens 57 Health Care Law)

Question 16

In general, there are four elements to a civil medical malpractice lawsuit for which the plaintiff or accusing party must prove to receive compensation. What are they?

Answer 16

The patient must show evidence that the nurse, physician, or alleged healthcare provider
(1) owed the patient a duty/standard of care,
(2) breached the duty/standard to provide adequate care
(3) caused injury to the patient (causation), and
(4) caused an injury that resulted in damages.

(Giddens 57 Health Care Law)

Question 17

Healthcare providers breach their duty to patients when they

Answer 17

fall below the standard of care or deviate from the standard.

(Giddens 57 Health Care Law)

Question 18

______ is the link between breach and injury

Answer 18

Causation

(Giddens 57 Health Care Law)

Question 19

If the injury would not have occurred “but for” the defendant’s actions, there is _____ .

Answer 19

causation

(Giddens 57 Health Care Law)

Question 20

______ is a legal term that means a person has sufficient capacity and ability to make reasoned decisions.

Answer 20

Competence

(Giddens 57 Health Care Law)

Question 21

_____ refers to an evaluation or assessment of a person’s ability to understand, appreciate, and manipulate information to form rational decisions

Answer 21

Capacity

(Giddens 57 Health Care Law)

Question 22

______ is determined by a physician or other healthcare practitioner, not by a judge

Answer 22

Capacity

(Giddens 57 Health Care Law)

Question 23

If the surrogate decision-maker has discussed the wishes and desires of treatment or end-of -life care in advance with the patient who is now incapable of making own decisions, the surrogate is ethically bound to abide by the patient’s wishes and stand in their shoes. This is called:

Answer 23

substituted judgment

(Giddens 57 Health Care Law)

Question 24

If it is not clear what healthcare treatment or refusal of care an incompetent or incapacitated patient would choose, then the surrogate is ethically obligated to act in the best interest of the patient, known as:

Answer 24

the best interest standard

(Giddens 57 Health Care Law)

Question 25

Death with dignity laws allow physicians to write a prescription for a lethal dose of medication that a mentally competent but terminally ill patient can use to end his or her life if the patient has less than _____ to live

Answer 25

6 months

(Giddens 57 Health Care Law)

Question 26

______ created a trust fund for the establishment of the Medicare and Medicaid insurance programs for those who do not have medical insurance through employment

Answer 26

Social Security Act Amendments of 1965

(Giddens 57 Health Care Law)

Question 27

What act ensures the following:
emergency departments have a duty to care for those requiring emergency medical services irrespective of a patient’s ability to pay
must provide an appropriate medical screening exam to a patient who presents for treatment
must stabilize any emergency medical condition before transferring the patient to another facility

Answer 27

Emergency Medical Treatment and Active Labor Act of 1986

(Giddens 57 Health Care Law)

Question 28

Which act ensures the following:
1 - provide individuals with preexisting medical conditions access to health insurance if they changed or lost their job
2 - prevent healthcare fraud and abuse and promote medical liability reform.
3 - health information privacy requirements for individually identifiable health information
4 -

Answer 28

Health Insurance Portability and Accountability Act of 1996

(Giddens 57 Health Care Law)