Law And Podiatry Flashcards
HIPPA (or HITECH) contains both a _____ rule and a _____ rule
Privacy and security
All medical malpractice insurance policies are not the same, true/false
True
A claims made insurance policy with the same claims made a carrier only covers
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
The use of maintenance and safety precautions for office radiology are regulated by
State law and not the discretion of individual podiatrists
Business arrangements with labs, imaging facilities or clinics which provide you with a payment for each patient you refer ________ permissible bylaw
Not
A patient has the right to access their medial charts and to obtain photocopies of the same with or without the use of subpoena?
Without
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
Does
The type of advertising permitted for a Podiatric practice is regulated by who
State statute
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
Individual Podiatric boards
A false claims federal law conviction can result in:
Monetary penalties,
In aeration
Loss of eligibility to be a provider for Medicare/Medicaid
The Stark or “self-referral” law does what
Permit podiatrists to refer their patients to an ambulatory surgical center in which they have an owenership interest
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 ______
Reasonable by the court
The statute of limitations and contributory Negligence are
Affirmative defenses
The four elements needed for a plaintiff to recover damages are
Duty
Breach of that duty
Harm
Causation
The term: “two schools of thought” in the context of medical malpractice litigation refers to
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
In PA, a civil litigation jury can reach a verdict if ___/___ or ___/____ are in agreement
10/12
7/8
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
Substantial factor
Casual relationship
A treating surgeon is required by law to tell the patient all _____
Reasonable alternatives to the procedures that are to be performed
The parents’ role in medical decision making for their child (is/is not) absolute
Is not
The Burden of Proof in a civil medical malpractice action (does/does not) require that the plaintiff prove the case “beyond a reasonable doubt”
Does not
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
Does not
Casual relationship must be established between a doctor’s breach of the standard of care and …..
a resulting injury claimed by the plaintiff
The discover process in litigation includes
Requesting responses to numerous written question, requesting medical records and completing depositions of parties and witnesses
In PA, podiatrists can be notified of a lawsuit without initially receiving a ……..
Civil complaint which contains all allegations of negligence
In PA, a patient’s informed consent is required prior
surgery and using an approved medication in an experimental manner
Hospitals may be sued based on the following theories
Respondent superior
Ostensible agency
Corporate negligence
Punitive damages found against a podiatrist by a jury area result of ……
Outrageous, reckless or intentional deviation from standard of care
Pa law requires that a podiatrist obtain a patient’s full knowing and voluntary informed consent prior to:
Performing surgery including administration of anesthesia,
Surgeries requiring a surgical implant and
surgeries in which an experimental device is being utilized
If an assistant of a podiatrist negligently injures a patient, who can be sued
The podiatrist along with the Podiatric assistant and Podiatric business entity
What does the MCARE act requires
A physician to obtain the informed consent of a patient for surgery and for other types of treatment listed in the Act
A malpractice carrier (does/does not) owe a duty to pay an award of punitive damages awarded by a jury against a physician
Doe not
In PA state courts, there is a separate court system for
Litigation and or appellate actions
The two-year statute of limitations for a five year old patient does not not begin to run until the child reaches are ____
18
In a group practice through partnership, each general partner is libale for the conduct of any partner, employee or agent of partnership, true/false
True
Does your malpractice insurance cover you if you commit an intentional criminal act
No
Does the doctrine of informed consent only apply to surgical procedures
No
Does the doctrine of informed consent in PA depend on negligence
No
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
True
If a patient is more than ______% comparatively negligent in a civil medical malpractice action, the jury will not _______
50%
Will not give monetary award to the plaintiff
Administration of non experimental medications is not normally considered to be a treatment for which a podiatrist needs
An informed consent
Inserting a surgical device or fixation such as a screw or a pin requires the patient’s
Informed consent
The Statute of limitations provides that a person normally cannot proceed with certain types of litigation unless
That lawsuit started within a specific time period
