legal

Question 0

civil law

Answer 0

private rights and remedies, applies to breach of contracts and torts (private wrongs other than breach of contract)

Question 1

criminal law

Answer 1

protect society from harm, declare what is criminal, and establish punishment

Question 2

criminal law examples

Answer 2

fraudulent claims, unlicensed practitioners, misuse of controlled substances

Question 3

civil law examples

Answer 3

tort law - wrongs committed independent of breach of contract
intentional - assault and battery
unintentional - negligence and malpractice

Question 4

four elements of malpractice

Answer 4

duty, breached, damages, compensation

Question 5

duty

Answer 5

when a provider and patient establish a relationship it is considered a contract (does not have to be in writing), provider agrees to provide services, patient agrees to pay, formed when both parties agree, and is termed “applied-in-fact contract”

Question 6

implied-in-law contract

Answer 6

a provider who cares for an unconscious patient has a duty to the patient even though the patient has no clue

note- even if both parties understand no payment, duty still begins when service begins, also lack of mental or physical capacity on part of patient does not prevent formation of relationship

Question 7

standard of care

Answer 7

one element of negligence, act and do what a reasonable average CRNA would do

Question 8

consent vs. informed consent

Answer 8

consent- patient’s agreement to undergo specific treatment

informed consent- provider explains diagnosis, proposed treatment, probability of success, risks, and alternatives

Question 9

does duty of informed consent end with the patient’s signature?

Answer 9

no

Question 10

do all risks need to be disclosed?

Answer 10

no

Question 11

must we disclose risks that occur due to negligence?

Answer 11

no

Question 12

if during informed consent patient states “I don’t want to know”, what shall we do?

Answer 12

document what patient said

Question 13

legal actions alleging lack of informed consent have been brought under two categories

Answer 13

negligence- failure to use reasonable care resulting in damage
assault and battery- fear of unwanted touch (assault) or unwanted touch (battery)

Question 14

consent implied for

Answer 14

peripheral IV
Art line
medical emergency and unconscious
intoxication
patient unable to sign and procedure is life saving

Question 15

a minor can consent for themselves when

Answer 15

emancipated
lives on own
is a parent themselves
is married