HCM 318- Section 3 Flashcards
Define negligence
is a tort. it is the “unintentional” commission or omission of an act that a reasonably prudent person would or would not do under given circumstances
Elements of a valid contract
- both parties must be legally competent
- meeting of minds (offer of services and accepting of that offer)
- Consideration must be given
- Legality (contract must be legal)
Describe foreseeability (as to proximate legal causation)
The foreseeability test basically asks whether the person causing the injury should have reasonably foreseen the general consequences that would result because of his or her conduct.
Example of foreseeability
Administering the wrong medication to a patient without following proper medication administration procedures, causing injury to the patient.
List and describe the safeguards built into HIPAA
- Technical Safeguards
- Physical Safeguards
- Administrative safeguards
Generally, what is the liability of the governing board in patient safety and quality
The ultimate responsibility for the quality of services preformed in a hospital lies with the governing board
Express Contract
written or verbal contract
Implied contract
is an agreement created by actions of the parties involved, but it is not written or spoken.
Simple Consent
voluntary agreement by a person who possesses sufficient mental capacity to make an intelligent choice to allow something proposed by another
Implied Consent
consent which is not expressly granted by a person, but rather implicitly granted by a person’s actions and the facts and circumstances of a particular situation
Informed Consent
the right of a patient to be informed of the potential risks, benefits, and alternatives of a proposed procedure.
Generalize the findings and legal principles of Rowe v Wade (1974)
When the fetus is to be viable outside the womb the State have a right to intervene in the decision to terminate a pregnancy
List and define the elements of sufficient informed consent
Informed consent implies that a patient understands a particular procedure or treatment, including the risk, benefits, and alternatives; is capable of making a decision; and gives consent voluntarily. Generally, the responsibility of the physician.
The four elements that must be proven to recover money for your injuries on a trial are duty, breach, injury, and \_\_\_\_\_\_ A) Damages B) Obligation C) Consideration D) Causation
D) Causation
All of the following are required in order to establish a tort liability except:
A) The consequences of the wrongdoer negligent action must have been ones that a reasonable person could anticipate
B) The actions of the wrongdoer have actually caused the injured to suffer a loss
C) The wrongdoer must have intended for the harm to occur
D) The wrongdoer was- for some reason- obligated to take injured party
C) The wrongdoer must have intended for the harm to occur
Why can hospitals not be held liable for the negligent actions of a physician granted privileges to admit patients to the hospital?
A) Hospital can, indeed, be held responsible for physician negligence
B) Because physicians are not employees of the hospital
C) Because the hospital did not cause the harmful negligent act
D) Because the doctrine of respondent superior prohibits it
A) Hospital can, indeed, be held responsible for physician negligence
Under what standard is a jury charged with evaluating the conduct of a defendant accused of negligent conduct?
A) Conduct consistent with that of a reasonably prudent person
B) Either the “national” or “community” standard
C) Conduct demonstrating she was acting in the best interest of the plaintiff
D) Whether conduct is legally “reasonable” in decided by a judge, not jury
A) Conduct consistent with that of a reasonably prudent person
In an emergency when consent to treat cannot be obtained:
there is a presumption that a patient desires the treatment
Which of the following is NOT considered essential information provided to the patient when obtaining informed consent?
A) The risk associated with having the procedure performed
B) The anticipated benefits of the procedure on the patients condition
C) The alternatives to the procedure available to the patient
D) The cost of the procedure (good faith estimate of costs)
D) The cost of the procedure (good faith estimate of costs)
According to the Supreme Court decision in Roe v. Wade (1974), under which of the following circumstances does the State have a right to intervene in the decision to terminate a pregnancy?
A) When the law allows it
B) When it is in the best interest of the mother or unborn child
C) When the fetus is to be viable outside the womb
D) Never
C) When the fetus is to be viable outside the womb
In which of the following events has the hospital violated Title 2 of HIPAA for disclosure of private health information unless a patient authorized the release?
A) Providing information to a police department when the provider suspects a child is being abused
B) Reporting of a patient diagnostic tests to the insurance company for reimbursement
C) Release to the public of medical records held by government- owned hospital
D) Providing a wife’s subpoenaed medical records to a husbands attorney during discovery for a divorce action
C) Release to the public of medical records held by government- owned hospital
Title 2 of HIPAA requires that organizations handling protected health information (PHI) keep you information safe using: A) Physical safeguards B) Technical safeguards C) Administrative safeguards D) All of the above
C) Administrative safeguards
The difference between express and implied contract is that an express contract is:
A) Written
B) Verbal
C) Either written or verbal
D) When the intent of the parties can be inferred by their actions
C) Either written or verbal
Elements of a negligent tort
- duty of care
- breach of that duty
- injury
- causation
define Consideration
the price paid for the contract. can me money, promise to do or refrain from doing something.
Examples of administrative safeguards
allowing access on need to know basis, internal audits, risk analysis, employee confidentiality agreement, etc
Technical Safeguards
monitoring the computers themselves including networks, passwords, usernames, etc
Physical safeguards
locking workstations, securing patient charts, not sharing passwords, etc
What type of consent is most commonly an issue in a medical malpractice case?
a. Deathbed consent
b. Express consent
c. Informed consent
d. Testamentary consent
c. Informed consent
Which of the following is not necessary for a valid informed consent?
a. Explanation of the nature of the treatment
b. Use of language the patient can understand
c. Quote for the approximate cost of the procedure
d. Discussion of possible alternative treatments
c. Quote for the approximate cost of the procedure
The expression “implied consent” is most applicable in which of the following situations?
a. When the patient has been seeing the doctor for many years
b. When the treatment is part of a clinical research project
c. When the patient is dying
d. When there is an emergency and the patient is unconscious
d. When there is an emergency and the patient is unconscious
If a woman in unconscious and in active labor, it would be proper to provide medical care
a. under the concept of implied consent
b. If physician explains the risks of the procedure, but does not tell the patient about other
alternative treatments, it is not informed consent
d. If a patient refuses treatment, the physician is no longer required to provide information about risks, benefits, and consequences
a. under the concept of implied consent
Even if a competent, adult patient consents to a treatment, if the procedure is high risk, the
a. physician must also secure consent from:
b. Next of kin (closest family member)
Spouse
c. Either a spouse OR closest family member
d. None of these
d. None of these
