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ACS > Law > Flashcards

Law Flashcards

1
Q

What needs to be proven in order for a Doctor to lose a malpractice suit?

A

The 4 D’s

Duty

Dereliction

Damage

Direct causation

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2
Q

What are the 4 D’s and describe them?

A
  1. Duty: has to be your patient (or someone you gave advice to)
  2. Dereliction: negligence or failure to perform standard of care
  3. Damage: damage to pt.
  4. Direct causation: Dr’s dereliction caused the damage
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3
Q

What is standard of care?

A

Dr. is accountable for “average” care, obligated to diagnose, reasonable compaired to others in the same field

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4
Q

What can affect Standard of care?

A

advertising, specialization, diplomat, coureses, technology changes

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5
Q

What is a breech of contracts?

A
  1. promising a cure and then pt isnt cured w/in promised time frame.
  2. abandonment (7 day rule) Dr. has to get a cover if he leaves
  3. exceed consent: (must get consent to adjust rib if you only told pt. you were evaluating thoracics
  4. confidentiality (telephone, waiting rooms)
  5. Dr. is held vicariously responsible for staff (they cant give medical advice)
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6
Q

What is a tort?

A

wrongful act

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7
Q

What are some criminal charges a DC can be charged with?

A
  1. adjusting w/o permission = assult & battery
  2. sexual misconduct
  3. theft
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8
Q

What is the most common law suit to chiropractors?

A

civil suits

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9
Q

What are the MC civil suits?

A
  1. personal damages and duress
  2. malpractice
  3. breech of contracts
  4. tort
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10
Q

YOU MUST REPORT ALL SUSPECTED CHILD ABUSE

A

MUST

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11
Q

DC must get consent from parent if?

A

pt. is a minor

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12
Q

DC must get consent from guardian if patient is?

A

disabled, impaired or has alzheimer’s

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13
Q

Informed consent is giving risks and options after what?

A

ROF

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14
Q

Implied consent is..?

A

accident

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15
Q

What is the statute of limitations for the period of time to file?

A

7 years for adult, up to age 18 years for minors

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16
Q

What is binding arbitration mean?

A

no appeal process

17
Q

What is a malfeasance?

A

wrong act

18
Q

What does Res Ipsa Loquitur mean?

A

The thing speaks for itslef

19
Q

What does vacarious liability mean?

A

Dr. is responsible for employee’s actions

20
Q

What is a direct examination?

A

Questioning from the defense (Drs attorney)

21
Q

What is a cross examination?

A

Questioning from the plaintiff (patients attorney)

22
Q

What is comparative negligence?

A

Dr. and patient share damage responsibility

23
Q

What is Voir Dire?

A

to speak the truth

24
Q

What is primum Non Nocere?

A

First do no harm

25
Q
A

ACS (8 decks)

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