Law And Podiatry

Question 1

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

Answer 1

Privacy and security

Question 2

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

Answer 2

True

Question 3

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

Answer 3

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

Question 4

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

Answer 4

State law and not the discretion of individual podiatrists

Question 5

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

Answer 5

Not

Question 6

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

Answer 6

Without

Question 7

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

Answer 7

Does

Question 8

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

Answer 8

State statute

Question 9

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

Answer 9

Individual Podiatric boards

Question 10

A false claims federal law conviction can result in:

Answer 10

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

Question 11

The Stark or “self-referral” law does what

Answer 11

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

Question 12

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 ______

Answer 12

Reasonable by the court

Question 13

The statute of limitations and contributory Negligence are

Answer 13

Affirmative defenses

Question 14

The four elements needed for a plaintiff to recover damages are

Answer 14

Duty
Breach of that duty
Harm
Causation

Question 15

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

Answer 15

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

Question 16

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

Answer 16

10/12
7/8

Question 17

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

Answer 17

Substantial factor
Casual relationship

Question 18

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

Answer 18

Reasonable alternatives to the procedures that are to be performed

Question 19

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

Answer 19

Is not

Question 20

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

Answer 20

Does not

Question 21

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

Answer 21

Does not

Question 22

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

Answer 22

a resulting injury claimed by the plaintiff

Question 23

The discover process in litigation includes

Answer 23

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

Question 24

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

Answer 24

Civil complaint which contains all allegations of negligence

Question 25

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

Answer 25

surgery and using an approved medication in an experimental manner

Question 26

Hospitals may be sued based on the following theories

Answer 26

Respondent superior
Ostensible agency
Corporate negligence

Question 27

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

Answer 27

Outrageous, reckless or intentional deviation from standard of care

Question 28

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

Answer 28

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

Question 29

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

Answer 29

The podiatrist along with the Podiatric assistant and Podiatric business entity

Question 30

What does the MCARE act requires

Answer 30

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

Question 31

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

Answer 31

Doe not

Question 32

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

Answer 32

Litigation and or appellate actions

Question 33

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

Answer 33

18

Question 34

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

Answer 34

True

Question 35

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

Answer 35

No

Question 36

Does the doctrine of informed consent only apply to surgical procedures

Answer 36

No

Question 37

Does the doctrine of informed consent in PA depend on negligence

Answer 37

No

Question 38

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

Answer 38

True

Question 39

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

Answer 39

50%
Will not give monetary award to the plaintiff

Question 40

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

Answer 40

An informed consent

Question 41

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

Answer 41

Informed consent

Question 42

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

Answer 42

That lawsuit started within a specific time period