Laws Flashcards
Plaintiff would be you or pt?
pt
defendant would be you or pt
you!
torts are primarily what kind of law?
civil
damages or injunctions are called what?
penalties
what is the major kind of unintentional torts? and what are its two subcategories?
Negligence
- Ordinary: anything anyone can or cannot do under a given circumstance
- Professional: something that occurs in the scope of professional practice
_______ is when a licensed professional fails to provide services as per the standards set by the governing body causing harm to the plaintiff
Malpractice
what is the huge caveat of malpractice
misconduct/lack of skill must be within the profession of the person committing the act or omission
what is the most common cause of pt suing a health care provider for malpractice?
poor communication!
what should you never do when telling a patient prognosis
“I promise”; this could lead to breach of contract
what are the three critical factors in a law suit?
parties to the suit
- plaintiff: party filing the claim
- defendant: the accused party
Elements to prove: all of these must be proven
- duty
- breach of duty
- causation
- damages
Rules of evidence: direct testimony, documentation, book/research
how is duty commonly evaluated in healthcare?
by the Standard of Care
what is defined by statutory law, case law or expert testimony
Duty!
True or false: a bad treatment outcome always indicates a bad standard of care?
False! we know that not everyone gets better
experts are commonly utilized in what required element for malpractice lawsuit?
breach of duty (this is a required element of malpractice lawsuit) of courts experts are also used in rules of evidence
what are some documents you would look at for evidence of breach of duty?
documentation standards by the State Practice act Legal definition of the profession APTA's standard of practice Clinical PROTOCOLS Guide to physical therapist practice
which required element for malpractice lawsuit proves that the breach of duty was the legal cause of alleged damages?
causation!
“but-for test” is used in which required element for malpractice?
causation
“but for the defendants conduct, the pt would not have suffered harm”
what is the strongest resource of evidence in a pt record for proving or defending causation?
documentation!
don’t forget missed appointments, failure to follow treatment advice, failure to comply with and/or demonstrate accurate performance of HEP/precautions
to get damages, pt/plaintiff must demonstrate what two things?
1) suffered a compensable injury (aka sustained as a result of provider’s breach of duty and warrants the award of a monetary payment)
Monetary award will serve to make the plaintiff “whole”
Pain and suffering fits into which of the three malpractice damages?
noneconomic
malicious, willful suffering fits into which of the three malpractice damages?
punitive or exemplary damages
medical expenses (past and future) fits into which of the three malpractice damages?
economic
travel and phone expense loss fits into which of the three malpractice damages?
economic
loss of enjoyment of life fits into which of the three malpractice damages?
noneconomic damages
disfigurement fits into which of the three malpractice damages?
noneconomic damages
Individual selected to present testimony based on special qualifications is called a what?
expert witness
expert witnesses are used in which element of negligent act?
all! duty, breach of duty, causation and damages
What is the common knowledge exception?
when the subject matter is so simple and the breach of duty so obvious that a layperson can understand (burning a pt with a hotpack)
expert witness is part of which critical factor in a lawsuit?
rules of evidence (not parties or elements to prove)
an individual called to testify based on knowledge of the circumstances of the case is called what?
which of the three “critical factors in a lawsuit” are they a part of
fact witness
Rules of evidence
the time limit for filing a claim is called what?
statute of limitations
generally how long is statute of limitations for filing malpractice
2 years: starts at the point in time when a pt knows or should have reasonably known that they were injured due to medical negligence
what population is there an exception for the statute of limitations?
children
what is the discovery rule?
statue extends if the plaintiff could not discover an injury until some time after an incident
delay in diagnosis when does the statue begin?
the day of diagnosis
maintain records for how long for risk management?
5-6 years
where does vicarious liability come into play with us as PT’s?
PTA and aids
Courts opened doors for injured parties to also seek damages from the employer of a negligent party is called what?
vicarious liability
explain corporate liability
like vicarious liability but for big companies (not small independent practices); institution has a duty to screen potential employees and hire competent workers etc.
HPSO stands for what
healthcare providers service organization: they are a professional liability insurance provider
professional liability insurance provider is what?
HPSO
when talking about HPSO’s and claims what is the money paid out directly related to the settlement of the claim called?
indemnity
when talking about HPSO’s and claims what is the monies paid in the investigation, whether or not the claim sticks called?
expenses
are more files claimed against individuals or PT practices?
PT practices
which location had the most files claimed against it?
PT office/clinic (non-hospital)
What were the top three allegation of claims filed in healthcare?
improper management over the course of tx
improper performance using tx exercise
failure to supervise or monitor
what was the highest allegation related to improper management over the course of tx?
improper management of surgical pts; not following protocols
what are the two highest allegation related to improper performance using therapeutic exercise?
improper technique, injury during AROM or PROM activities
what is the highest allegation related to failure to supervise or monitor pt?
failure to monitor pt during treatment
what is the highest allegation related to improper performance using a biophysical agent?
hot pack use followed by electrotherapy
what is the deal with policies and how you should regard them as a PT
if there is a policy you better damn for sure be following it
an action taken against a professional license is called what
disciplinary action; claims against license
disciplinary action extends beyond what to what?
matters of professional negligence and involves allegation of personal, nonclinical nature
Fraud and abuse
Act 110 is what?
suspension and revocation of privileges
does federal or state legislation determine the PT practice act?
STATE
who administes the practice act?
regulatory board (PA state board of PT)
what three things fall under the regulatory board (the thing that administers the state practice act)
license issuance or renewal
Rules and regulations (code)
Disciplinary actions
name the 6 steps to the disciplinary process
complaint
investigation
notice
adjudication: due process, evidence
sanctions
appeal
license protection claims represent indemnity or expenses through HPSO?
expenses! not settlement payments to the plaintiff
Did more PT practices or independently insured PT’s have claims brought against them?
pt practices
what were the two highest severity of allegation by class?
improper management over the course of tx - namely improper documentation and a close second failure to cease tx
inappropriate behavior
highest allegation related to inappropriate behavior
physical, sexual, emotional abuse
what happens to most cases?
closed with no action
<1% have their license revoked
Two recommendations for risk control for PT administrators and practice owners
education and training
compliance programs and audits
federal employment laws are also called what?
labor laws
True or false: the labor laws cover just employees?
FALSE! current employees AND job applicants and former employees
fair labor standards act was enacted when by whom?
1938 by Roosevelt
what did the fair labor standards act establish?
minimum wage: 7.25
overtime pay: non-exempt employees get 1.5x pay for all hours over 40
recordkeeping
youth employment standards
exempt vs. non-exempt
exempt = salaried employee, no overtime
non-exempt = hour wages, paid overtime for over 40 hours
mission of EEOC is what?
eliminate illegal discrimination from the workplace
workplace safety wages and taxation freedom from discrimination and harassment freedom from retaliation privacy ware all covered by what?
EEOC
Title VII of the civil rights act of 1964 protects against what?
employment discrimination based on race, color, national origin, sex and religion
whom does Civil rights act apply to?
employers with over 15 employees
ADEA protects whom?
individuals >40 years of age from employment discrimination
what kind of business does ADEA apply to?
employers with 20 or more employees
OSHA wants to ensure what?
employee safety in health in US; protects workers on the job (standards of work conditions, personal protective equipment etc)
In PT practice what areas does OSHA affect us
electrical hazards, infectious diseases, hazardous waste
ADA covers what size business?
compainies with 15 or more employees
An employer covered by the ADA is required to make a ____ ______ to the ____ ____ of a _____ applicant or employee if the accomodation would not impose an _____ ______ on the operation of the employer’s business
An employer covered by the ADA is required to make a REASONABLE ACCOMODATION to the KNOWN DISABILITY of a QUALIFIED applicant or employee if the accomodation would not impose an UNDUE HARDSHIP
employer has the right to which two things under the ADA
exclude if significant risk of harm
conditional job offer based on results of post-offer medial exam/inquiry if related to job and required of all on the job
Reasonable accomodation takes what three things into account
shall inform employer
may choose not to disclose
cannot expect to receive w/o discloseure
Under FMLA an employer must grant an eligible employee up to how many week of unpaid leave during how much time?
12 work weeks of unpaid leave during any 12 month period
what four reasons could you go on the FMLA?
birth
adoption or foster care
caring for an immediate family member with a serious health condition
medical leave: they’re very sick and can’t work.
what kind of business does the FMLA apply to?
50 or more employees
what is an eligible employee for the FMLA
Empolyed for at least 12 months and 1,250 hours
and 50 or more employees within 75 miles of the work site
intermittent FMLA is applied to what kind of population
super high functioning and can do their job but might needs days off here and there (someone after chemo etc)
What is the hard part for a manager for someone who is intermittent FMLA?
they can call out two days in a row and it still doesn’t count against them
improper classification as it relates to employee vs independent contractor can lead to what?
tax liability
what kind of person working for you has to file their own taxes, and they have to get their own liability and disability insurance?
independent contractor
how do you determine if someone is an employee or an independent contractor?
degree of control and independence
For someone without an employee contract how does firing and quitting work and what is this called?
it is called “employment at will”
You can quit whenever
They can fire you whenever without cause (as long as it was not unlawful/discriminatory)
Under most state laws the fault rule is employment at will or employment contract?
employment at will
