Health Care Law

Question 1

In most states, rescuers can abandon an accident victim if

Answer 1

The victim is not placed in further peril (you are free to abandon the rescue as long as you do not put the victim in additional peril).

Question 2

Invasion of Privacy

Answer 2

Means to pry into personal matters.

Question 3

Libel

Answer 3

Means to defamation in the written or recorded form.

Question 4

Fraud

Answer 4

Means misrepresentation.

Question 5

Slander

Answer 5

Defamation of character employing the spoken word.

Question 6

Contributory negligence/ Comparative negligence

Answer 6

Are defenses when the plaintiff is jointly responsible for the injuries.

Question 6

Breach of Contract

Answer 6

A provider who guarantees the outcome of a course of treatment and that outcome does not materialize could be used for breach of contract. (failure to meet the terms of agreements is a breach of contract).

Question 7

Malfeasance

Answer 7

Performance of an unlawful or improper act.

Question 8

Nonfeasance

Answer 8

Is failing to act when one has a duty to act.

Question 9

Tolling of the statue of limitations

Answer 9

Is the limit which the lawsuit can be filed.

Question 10

Intervening cause

Answer 10

A defense against malpractice may include acts of independents agents that stand in the way of the casual connection between the negligence act and the damage suffered.

Question 12

Express consent

Answer 12

Deliberately communicated consent. (Consent communicated orally or in writing).

Question 13

Health Insurance Probability & Accountability Act (HIPAA)

Answer 13

Is the legislation enacted to protect patient information and confidentiality.

Question 14

Contractual

Answer 14

Law is used to enforce legal (contractual) agreements between parties.

Question 15

Res ipsa Loquitor

Answer 15

The thing speaks for itself.

Question 16

Informed consent/ autonomy

Answer 16

Means that patients have been given sufficient information to make an informed decision about their care. Failing to to disclosure such information violates the patient’s right to self-determination.

Question 17

Implied consent

Answer 17

Behavior or an action that can be reasonably presumed to be consensual.

Question 18

Misfeasance

Answer 18

Improper performance of an act resulting in harm.

Question 18

Rescinded consent

Answer 18

Is taking back one’s consent.

Question 19

Concurrent care

Answer 19

Rendering of similar services to the same patient by more than one provider on the same day.

Question 20

Counseling

Answer 20

Discussion with a patient and/or family regarding diagnosis, treatment, and patient education.