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Ethics II > Health Law II > Flashcards

Health Law II Flashcards

1
Q

Can students be sued for malpractice?

A

Yes

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2
Q

True or false: anyone can pretty much file a suit against you

A

True

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3
Q

What is the purpose of confidentiality in the medical profession?

A

Encourage the patient to freely discuss, freely divulge

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4
Q

True or false: physician cannot be forced to testify about information obtained in the course of patient treatment

A

True, for the most part

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5
Q

Does expert position count for confidentiality?

A

No–no dr/pt relationship

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6
Q

What are the two exceptions to confidentiality?

A
  • Patient waives privilege

- Statutory expectation

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7
Q

True or false: only the patient can waive the privilege to dr/pt confidentiality

A

True

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8
Q

If a patient sues you, can you break confidentiality?

A

Yes

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9
Q

What are the qualifications needed to have privilege? (3)

A
  • dr/pt relationship
  • Information acquired during the course of the relationship
  • Information must be necessary and proper for physician treatment
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10
Q

What is one situation where you see a patient, but there is no dr/pt relationship

A

third party consultation

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11
Q

Are court ordered evaluations privileged?

A

No–you’re third party

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12
Q

What is an IME? Is this a privileged relationship?

A
  • Independent medical evaluation

- Not a privileged relationship

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13
Q

Are stenographers held under confidentiality?

A

Yes

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14
Q

Are members of the clergy held under confidentiality?

A

Yes

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15
Q

What is the main determinant of whether or not a pt/dr relationship falls under confidentiality?

A

If dr treats patient, then establishes a relationship

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16
Q

What should you do (but maybe not legally required to do) when being an IME?

A

Inform the patient that what they say is not in confidence

17
Q

Who can provide you legal advice?

A
  • Malpractice insurance lawyers

- Hospital risk manager

18
Q

What is the only information that is confidential in the ED setting?

A

Only information that is necessary for treatment–but be careful with this

19
Q

What are the three ways you are no longer a minor in Iowa?

A
  • Over 18 years
  • Married
  • Emancipated (living separately with own finances)
20
Q

Who owns the medical record?

A
  • Physical medium = provider

- Information - pt owns

21
Q

True or false: the patient has the right to a copy of their medical records

A

True

22
Q

Can you charge for printing a medical record

A

Yes, but not exorbitant

23
Q

Each divorced parents has a right to a minor child’s medical record unless under what two conditions?

A
  • Divorce decree prohibits

- Parental rights have been terminated

24
Q

Do step parents have the right to a child’s minor’s record?

A

No

25
Q

Can you give minor their medical records without parental consent?

A

Not all, but some

26
Q

What are the four exceptions to needing parental consent to treat minors?

A
  • STDs
  • Contraceptives
  • substance abuse

sex, drugs, and rock and roll

27
Q

True or false: if a minor is tested for HIV and is found positive, the parent must be informed

A

True

28
Q

What are the protections against letting parents know through insurance bills?

A

None

29
Q

What are the exceptions to absolute confidentiality?

A

Public health reasons:

  • STDs
  • Child abuse
30
Q

What are the three records that have a higher level of confidentiality?

A
  • Mental health records
  • Substance abuse
  • HIV
31
Q

What is the purpose of a subpoena?

A

Mechanism to force the release of records

32
Q

Is a subpoena a court order?

A

No–just a request

33
Q

What must accompany a subpoena to get medical records?

A

Release from patient to release medical records

34
Q

True or false: the board of medical examiners can request records for anyone, with all records (in Iowa)

A

True

35
Q

Can a minor have access to their medical records without parental consent?

A

Only the visits that they did not need parental consent for in the first place

Ethics II (16 decks)

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