Law And Podiatry Flashcards

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1
Q

HIPPA (or HITECH) contains both a _____ rule and a _____ rule

A

Privacy and security

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2
Q

All medical malpractice insurance policies are not the same, true/false

A

True

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3
Q

A claims made insurance policy with the same claims made a carrier only covers

A

The doctor for those cases which arise from treatment or surgery within the policy period and are also filed with the court within the policy period

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4
Q

The use of maintenance and safety precautions for office radiology are regulated by

A

State law and not the discretion of individual podiatrists

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5
Q

Business arrangements with labs, imaging facilities or clinics which provide you with a payment for each patient you refer ________ permissible bylaw

A

Not

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6
Q

A patient has the right to access their medial charts and to obtain photocopies of the same with or without the use of subpoena?

A

Without

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7
Q

An occurrence insurance policy (does or does not) provide insurance coverage for any treatment or surgery performed on a patient even if the lawsuit is filed after coverage period

A

Does

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8
Q

The type of advertising permitted for a Podiatric practice is regulated by who

A

State statute

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9
Q

Each state has its own licensure and practice law. _______ can suspend or revoke a podiatrist’s license or impose specific sanctions for violation of state law covering Podiatric practice

A

Individual Podiatric boards

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10
Q

A false claims federal law conviction can result in:

A

Monetary penalties,
In aeration
Loss of eligibility to be a provider for Medicare/Medicaid

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11
Q

The Stark or “self-referral” law does what

A

Permit podiatrists to refer their patients to an ambulatory surgical center in which they have an owenership interest

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12
Q

A “covenant of restriction” or “non-compete” clause in Podiatric practice employment contract is enforceable in most states as long as it is deemed ________ by the ______

A

Reasonable by the court

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13
Q

The statute of limitations and contributory Negligence are

A

Affirmative defenses

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14
Q

The four elements needed for a plaintiff to recover damages are

A

Duty
Breach of that duty
Harm
Causation

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15
Q

The term: “two schools of thought” in the context of medical malpractice litigation refers to

A

A legal defense which points to the fact that there are two legitimate ways of treating a particular medical problem, both utilized by a substantial group of doctors

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16
Q

In PA, a civil litigation jury can reach a verdict if ___/___ or ___/____ are in agreement

A

10/12
7/8

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17
Q

The standard of care question in a medical malpractice case is Not the only question to be decided by a jury. The question of “_______” and “________” are equally important

A

Substantial factor
Casual relationship

18
Q

A treating surgeon is required by law to tell the patient all _____

A

Reasonable alternatives to the procedures that are to be performed

19
Q

The parents’ role in medical decision making for their child (is/is not) absolute

A

Is not

20
Q

The Burden of Proof in a civil medical malpractice action (does/does not) require that the plaintiff prove the case “beyond a reasonable doubt”

A

Does not

21
Q

Alternatives, risk and complications in which a reasonable prudent patient would require necessary to make an informed decision (does/does not) include every possible remote fact or outcome surrounding a surgery

A

Does not

22
Q

Casual relationship must be established between a doctor’s breach of the standard of care and …..

A

a resulting injury claimed by the plaintiff

23
Q

The discover process in litigation includes

A

Requesting responses to numerous written question, requesting medical records and completing depositions of parties and witnesses

24
Q

In PA, podiatrists can be notified of a lawsuit without initially receiving a ……..

A

Civil complaint which contains all allegations of negligence

25
Q

In PA, a patient’s informed consent is required prior

A

surgery and using an approved medication in an experimental manner

26
Q

Hospitals may be sued based on the following theories

A

Respondent superior
Ostensible agency
Corporate negligence

27
Q

Punitive damages found against a podiatrist by a jury area result of ……

A

Outrageous, reckless or intentional deviation from standard of care

28
Q

Pa law requires that a podiatrist obtain a patient’s full knowing and voluntary informed consent prior to:

A

Performing surgery including administration of anesthesia,
Surgeries requiring a surgical implant and
surgeries in which an experimental device is being utilized

29
Q

If an assistant of a podiatrist negligently injures a patient, who can be sued

A

The podiatrist along with the Podiatric assistant and Podiatric business entity

30
Q

What does the MCARE act requires

A

A physician to obtain the informed consent of a patient for surgery and for other types of treatment listed in the Act

31
Q

A malpractice carrier (does/does not) owe a duty to pay an award of punitive damages awarded by a jury against a physician

A

Doe not

32
Q

In PA state courts, there is a separate court system for

A

Litigation and or appellate actions

33
Q

The two-year statute of limitations for a five year old patient does not not begin to run until the child reaches are ____

A

18

34
Q

In a group practice through partnership, each general partner is libale for the conduct of any partner, employee or agent of partnership, true/false

A

True

35
Q

Does your malpractice insurance cover you if you commit an intentional criminal act

A

No

36
Q

Does the doctrine of informed consent only apply to surgical procedures

A

No

37
Q

Does the doctrine of informed consent in PA depend on negligence

A

No

38
Q

Punitive damages are generally not covered by insurance and are used by plaintiffs to attempt to collect portions of the doctors personal assess, true/false

A

True

39
Q

If a patient is more than ______% comparatively negligent in a civil medical malpractice action, the jury will not _______

A

50%
Will not give monetary award to the plaintiff

40
Q

Administration of non experimental medications is not normally considered to be a treatment for which a podiatrist needs

A

An informed consent

41
Q

Inserting a surgical device or fixation such as a screw or a pin requires the patient’s

A

Informed consent

42
Q

The Statute of limitations provides that a person normally cannot proceed with certain types of litigation unless

A

That lawsuit started within a specific time period