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Unit 16 > Laws > Flashcards

Laws Flashcards

1
Q

Plaintiff would be you or pt?

A

pt

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2
Q

defendant would be you or pt

A

you!

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3
Q

torts are primarily what kind of law?

A

civil

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4
Q

damages or injunctions are called what?

A

penalties

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5
Q

what is the major kind of unintentional torts? and what are its two subcategories?

A

Negligence

  • Ordinary: anything anyone can or cannot do under a given circumstance
  • Professional: something that occurs in the scope of professional practice
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6
Q

_______ is when a licensed professional fails to provide services as per the standards set by the governing body causing harm to the plaintiff

A

Malpractice

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7
Q

what is the huge caveat of malpractice

A

misconduct/lack of skill must be within the profession of the person committing the act or omission

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8
Q

what is the most common cause of pt suing a health care provider for malpractice?

A

poor communication!

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9
Q

what should you never do when telling a patient prognosis

A

“I promise”; this could lead to breach of contract

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10
Q

what are the three critical factors in a law suit?

A

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

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11
Q

how is duty commonly evaluated in healthcare?

A

by the Standard of Care

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12
Q

what is defined by statutory law, case law or expert testimony

A

Duty!

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13
Q

True or false: a bad treatment outcome always indicates a bad standard of care?

A

False! we know that not everyone gets better

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14
Q

experts are commonly utilized in what required element for malpractice lawsuit?

A

breach of duty (this is a required element of malpractice lawsuit) of courts experts are also used in rules of evidence

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15
Q

what are some documents you would look at for evidence of breach of duty?

A 
documentation
standards by the State Practice act 
Legal definition of the profession 
APTA's standard of practice
Clinical PROTOCOLS
Guide to physical therapist practice
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16
Q

which required element for malpractice lawsuit proves that the breach of duty was the legal cause of alleged damages?

A

causation!

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17
Q

“but-for test” is used in which required element for malpractice?

A

causation

“but for the defendants conduct, the pt would not have suffered harm”

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18
Q

what is the strongest resource of evidence in a pt record for proving or defending causation?

A

documentation!

don’t forget missed appointments, failure to follow treatment advice, failure to comply with and/or demonstrate accurate performance of HEP/precautions

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19
Q

to get damages, pt/plaintiff must demonstrate what two things?

A

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”

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20
Q

Pain and suffering fits into which of the three malpractice damages?

A

noneconomic

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21
Q

malicious, willful suffering fits into which of the three malpractice damages?

A

punitive or exemplary damages

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22
Q

medical expenses (past and future) fits into which of the three malpractice damages?

A

economic

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23
Q

travel and phone expense loss fits into which of the three malpractice damages?

A

economic

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24
Q

loss of enjoyment of life fits into which of the three malpractice damages?

A

noneconomic damages

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25
Q

disfigurement fits into which of the three malpractice damages?

A

noneconomic damages

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26
Q

Individual selected to present testimony based on special qualifications is called a what?

A

expert witness

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27
Q

expert witnesses are used in which element of negligent act?

A

all! duty, breach of duty, causation and damages

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28
Q

What is the common knowledge exception?

A

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)

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29
Q

expert witness is part of which critical factor in a lawsuit?

A

rules of evidence (not parties or elements to prove)

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30
Q

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

A

fact witness

Rules of evidence

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31
Q

the time limit for filing a claim is called what?

A

statute of limitations

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32
Q

generally how long is statute of limitations for filing malpractice

A

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

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33
Q

what population is there an exception for the statute of limitations?

A

children

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34
Q

what is the discovery rule?

A

statue extends if the plaintiff could not discover an injury until some time after an incident

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35
Q

delay in diagnosis when does the statue begin?

A

the day of diagnosis

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36
Q

maintain records for how long for risk management?

A

5-6 years

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37
Q

where does vicarious liability come into play with us as PT’s?

A

PTA and aids

38
Q

Courts opened doors for injured parties to also seek damages from the employer of a negligent party is called what?

A

vicarious liability

39
Q

explain corporate liability

A

like vicarious liability but for big companies (not small independent practices); institution has a duty to screen potential employees and hire competent workers etc.

40
Q

HPSO stands for what

A

healthcare providers service organization: they are a professional liability insurance provider

41
Q

professional liability insurance provider is what?

A

HPSO

42
Q

when talking about HPSO’s and claims what is the money paid out directly related to the settlement of the claim called?

A

indemnity

43
Q

when talking about HPSO’s and claims what is the monies paid in the investigation, whether or not the claim sticks called?

A

expenses

44
Q

are more files claimed against individuals or PT practices?

A

PT practices

45
Q

which location had the most files claimed against it?

A

PT office/clinic (non-hospital)

46
Q

What were the top three allegation of claims filed in healthcare?

A

improper management over the course of tx

improper performance using tx exercise

failure to supervise or monitor

47
Q

what was the highest allegation related to improper management over the course of tx?

A

improper management of surgical pts; not following protocols

48
Q

what are the two highest allegation related to improper performance using therapeutic exercise?

A

improper technique, injury during AROM or PROM activities

49
Q

what is the highest allegation related to failure to supervise or monitor pt?

A

failure to monitor pt during treatment

50
Q

what is the highest allegation related to improper performance using a biophysical agent?

A

hot pack use followed by electrotherapy

51
Q

what is the deal with policies and how you should regard them as a PT

A

if there is a policy you better damn for sure be following it

52
Q

an action taken against a professional license is called what

A

disciplinary action; claims against license

53
Q

disciplinary action extends beyond what to what?

A

matters of professional negligence and involves allegation of personal, nonclinical nature

Fraud and abuse

54
Q

Act 110 is what?

A

suspension and revocation of privileges

55
Q

does federal or state legislation determine the PT practice act?

A

STATE

56
Q

who administes the practice act?

A

regulatory board (PA state board of PT)

57
Q

what three things fall under the regulatory board (the thing that administers the state practice act)

A

license issuance or renewal

Rules and regulations (code)

Disciplinary actions

58
Q

name the 6 steps to the disciplinary process

A

complaint

investigation

notice

adjudication: due process, evidence

sanctions

appeal

59
Q

license protection claims represent indemnity or expenses through HPSO?

A

expenses! not settlement payments to the plaintiff

60
Q

Did more PT practices or independently insured PT’s have claims brought against them?

A

pt practices

61
Q

what were the two highest severity of allegation by class?

A

improper management over the course of tx - namely improper documentation and a close second failure to cease tx

inappropriate behavior

62
Q

highest allegation related to inappropriate behavior

A

physical, sexual, emotional abuse

63
Q

what happens to most cases?

A

closed with no action

<1% have their license revoked

64
Q

Two recommendations for risk control for PT administrators and practice owners

A

education and training

compliance programs and audits

65
Q

federal employment laws are also called what?

A

labor laws

66
Q

True or false: the labor laws cover just employees?

A

FALSE! current employees AND job applicants and former employees

67
Q

fair labor standards act was enacted when by whom?

A

1938 by Roosevelt

68
Q

what did the fair labor standards act establish?

A

minimum wage: 7.25
overtime pay: non-exempt employees get 1.5x pay for all hours over 40
recordkeeping
youth employment standards

69
Q

exempt vs. non-exempt

A

exempt = salaried employee, no overtime

non-exempt = hour wages, paid overtime for over 40 hours

70
Q

mission of EEOC is what?

A

eliminate illegal discrimination from the workplace

71
Q 
workplace safety
wages and taxation 
freedom from discrimination and harassment 
freedom from retaliation 
privacy ware all covered by what?
A

EEOC

72
Q

Title VII of the civil rights act of 1964 protects against what?

A

employment discrimination based on race, color, national origin, sex and religion

73
Q

whom does Civil rights act apply to?

A

employers with over 15 employees

74
Q

ADEA protects whom?

A

individuals >40 years of age from employment discrimination

75
Q

what kind of business does ADEA apply to?

A

employers with 20 or more employees

76
Q

OSHA wants to ensure what?

A

employee safety in health in US; protects workers on the job (standards of work conditions, personal protective equipment etc)

77
Q

In PT practice what areas does OSHA affect us

A

electrical hazards, infectious diseases, hazardous waste

78
Q

ADA covers what size business?

A

compainies with 15 or more employees

79
Q

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

A

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

80
Q

employer has the right to which two things under the ADA

A

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

81
Q

Reasonable accomodation takes what three things into account

A

shall inform employer

may choose not to disclose

cannot expect to receive w/o discloseure

82
Q

Under FMLA an employer must grant an eligible employee up to how many week of unpaid leave during how much time?

A

12 work weeks of unpaid leave during any 12 month period

83
Q

what four reasons could you go on the FMLA?

A

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.

84
Q

what kind of business does the FMLA apply to?

A

50 or more employees

85
Q

what is an eligible employee for the FMLA

A

Empolyed for at least 12 months and 1,250 hours

and 50 or more employees within 75 miles of the work site

86
Q

intermittent FMLA is applied to what kind of population

A

super high functioning and can do their job but might needs days off here and there (someone after chemo etc)

87
Q

What is the hard part for a manager for someone who is intermittent FMLA?

A

they can call out two days in a row and it still doesn’t count against them

88
Q

improper classification as it relates to employee vs independent contractor can lead to what?

A

tax liability

89
Q

what kind of person working for you has to file their own taxes, and they have to get their own liability and disability insurance?

A

independent contractor

90
Q

how do you determine if someone is an employee or an independent contractor?

A

degree of control and independence

91
Q

For someone without an employee contract how does firing and quitting work and what is this called?

A

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)

92
Q

Under most state laws the fault rule is employment at will or employment contract?

A

employment at will

Unit 16 (8 decks)

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