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Ethics II > Health Law III > Flashcards

Health Law III Flashcards

1
Q

What is the purpose of allowing the BME to request any medical record without informing the patient?

A

Can investigate a physician without informing all of the patients

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2
Q

What should be done when you receive a letter from the BME?

A

Get a lawyer, and write a letter back

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3
Q

What should be done if an investigator from the BME shows up at your office unannounced, and requests to speak with you?

A

Have to cooperate with them, but not at that moment–get an attorney present

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4
Q

Should you ever go to a hearing without a lawyer?

A

No

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5
Q

Is the public allowed to hear malpractice suits?

A

No, unless you give permission

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6
Q

What is the principle behind informed consent?

A

Autonomy–Wrong to force a person to act against their will

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7
Q

What is the charge for not obtaining informed consent?

A

Battery

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8
Q

There is a presumption that informed consent has been given if what two criteria are met?

A
  • Consent is in writing

- Consent sets forth nature and purpose of procedure

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9
Q

What are the risks that must be set forth in a consent form? (5)

A
  • Brain damage
  • Quadriplegia
  • Paraplegia
  • Loss of limb or function
  • Disfiguring scar
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10
Q

What three things must be done when consenting a patient?

A
  • Consent indicates this information
  • Indicates all questions have been answered
  • Consent is signed by the patient
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11
Q

Whose responsibility is it to get consent?

A

Doctor has to have conversation–not PA or NP, or anyone else.

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12
Q

Who can have the patient sign the consent form (but not have the conversation)?

A

Nurse, NP, or PA

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13
Q

What does the jury decide about informed consent cases?

A

Was informed consent obtained?

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14
Q

What is the role of obtaining experts do in informed consent cases?

A

Testify about the:

  • Risks
  • Likelihood of occurrence
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15
Q

What are the specific risks that must be discussed with a patient?

A

“Material risk”–the significance a reasonable person

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16
Q

What must the plaintiff/pt show if a complication develops to sue under lack of informed consent?

A

Either he/she would have not had the procedure, or would have chosen a difference course

17
Q

What are the exceptions to the rule of informed consent? (6)

A
  • Complete disclosure detrimental to pt
  • Patient not competent to give informed consent
  • Emergency
  • Information is so well known
  • Extremely remote chance
  • If you’re not aware of complication
18
Q

What is the perspective that is taken by the court/jury with informed consent cases?

A

from the patient

19
Q

True or false: if the possibility is remote, it does not need to be given during informed consent

A

True

20
Q

If informed consent is obtained by the person who performs the procedure, but not by the internist, is the internist liable?

A

No

21
Q

What is the difference between battery and negligence?

A

Battery = no informed consent. Period.

Negligence = inadequate informed consent

22
Q

What happens when a complication occurs that requires another procedure for which no consent was given (e.g. doing a surgery and performing a different procedure d/t new circumstances)?

A

Battery iff the 2 procedures are totally different and unrelated

23
Q

What is the best way to protect yourself from suits?

A

Documentation, and consent the patient yourself

24
Q

Can the physician delegate consenting a patient?

A

The act of signing, yes

The act of talking to the patient, no

25
Q

How do you maximize the benefit from handouts that explain complications from procedures?

A

Keep them

26
Q

What are the three steps the BME will take to pursue a case?

A
  1. Letter
  2. Open investigation
  3. Hearing
27
Q

True or false: you need to inform the patient of risks of a procedure, even if it is obvious

A

False

28
Q

True or false: if you’re not aware about the risk of a procedure, and do not inform the patient about it, you’re still liable

A

False

29
Q

True or false: you do not need to inform the patient about risks that are very remote

A

True

30
Q

True or false: you do not need to inform the patient of the risks if it presents a danger to them in knowing

A

True, but yeah…

31
Q

What is the difference between the physician rule, and the patient rule in terms of informed consent?

A

Physician rule = what a reasonable physician would disclose under similar circumstances

Patient: what a reasonable person would want/need to know

Ethics II (16 decks)

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