Legal Aspects of Healthcare

Question 1

purpose of due process

Answer 1

due process serves to assure that all levels of American government must operate within the law and provide fair procedures

Question 2

purpose of equal protection

Answer 2

equal protection serves to assure that all levels of American government treat similarly situated persons similarly under the law

Question 3

under due process, you have the right to 6 things – what are they?

Answer 3

1) right to notice
2) right to a hearing
3) right to be represented by legal counsel
4) right to an impartial decision-maker
5) right to written findings and conclusions of law
6) right to appeal

Question 4

due process - right to notice

Answer 4

the governmnet has to give you notice if there is a crime or administrative issue

Question 5

due process - right to a hearing

Answer 5

you have the right and opportunity to tell your story and be heard if you chose to do so

Question 6

due process - impartial decision maker

Answer 6

licesnsure board, judge, jury

Question 7

due process - written findings

Answer 7

ultimate outcome

Question 8

equal protection in PT practice

Answer 8

• state licensure board licesning rules
• educational requirements to receive state licensure to practice legally as a PT
• con ed requirements

Question 9

name the 3 branches of the federal government

Answer 9

judicial, legislative, executive

Question 10

3 branches of government is what type of system

Answer 10

a system of checks and balances - no branch may perform functions reserved for the other branch

Question 11

purpose of the legislative branch

Answer 11

make laws

Question 12

the legislative branch is a group of elected persons who do what

Answer 12

represent the interests of their constituents

Question 13

the legislative branch is made up of what 2 groups

Answer 13

house of representatives and the senate

Question 14

legislative bills originate from where

Answer 14

members of congress. the bills are then debated in committee and move to the full legislative body for consideration

Question 15

after bills are debated in committee, where do they go?

Answer 15

bills go to the executive (president or governor) to be signed into law or vetoed

Question 16

a signed law is referred to as what

Answer 16

A statute or an act (aka social security act, affordable care act)

Question 17

what is the us code

Answer 17

a “book” of all the laws of the US

Question 18

Are there federal regulations in the us code?

Answer 18

NO! the US code does not contain federal regulations. only statutes (acts/laws)

Question 19

executive branch - which level/

Answer 19

federal and state level

Question 20

Executive branch: what happens?

Answer 20

Federal adminstrative agencies enact REGULATIONS to implement legislative statutes.

Question 21

What occurs in the executive branch (common terms)

Answer 21

the executive branch executes laws created by the legislative branch

Question 22

T/F the executive branch (federal = president) has the regulations that carry the force of the law

Answer 22

true. example DHHS implements the ACA

Question 23

example of execuitive branch at state level

Answer 23

Iowa Board of PT - charged with implementing PT practice act

Question 24

state regulations for Iowa are in what book

Answer 24

Iowa Administrative Code (ex: PT rules for licensure, practice, con ed)

Question 25

Judicial branch

Answer 25

- decisions rendered by the US court system create the Common Law which is different than legislative and administrate created law

Question 26

3 types of common law (judicial branch)

Answer 26

1) criminal 2) civil 3) administrative

Question 27

The US Court Systems (federal and state) primarily addresses which disputes?

Answer 27

disputes from civil and criminal laws - but can review Administrative Agengy Rulings (dry needling)

Question 28

Judicial Branch - Criminal law

Answer 28

- fine or jail | - relates to harm to persons/property from committing a crime

Question 29

Judicial Branch - civil law

Answer 29

- fine or compelling someone to act | - relates to disputes between two private parties or between govt and citizens

Question 30

Judicial Branch - administrative law

Answer 30

- fine or removing priviledges | - involve matters of law implemented by the executive branch and its agencies

Question 31

Purpose of Judicial branch (2)

Answer 31

1) apply and interpret existing laws | 2) resolve disputes that arise under existing laws

Question 32

4 elements of cause of action for medical malpractice

Answer 32

duty of care breach of duty of care causation damages

Question 33

Define cause of action

Answer 33

a factual situation that entitles one person to obrain remedy in court from another person (polar bear slipping on ice)

Question 34

a civil lawsuit is brought based up a what?

Answer 34

cause of action

Question 35

define civil law

Answer 35

deal with an attempt to compensate a victim monetarily (money) for losses that should or could have been prevented

Question 36

define tort

Answer 36

a civil wrong for which a remedy may be obtained in court in the form of damages (money) or injunction (preventing somoene from doing something)

Question 37

tortfeasor

Answer 37

one who commits a tort

Question 38

negligent tort

Answer 38

tort committed by faiture to observe the standard of care required by law (reasonable person standard)

Question 39

intentional tort

Answer 39

tort commited by somoene acting with general or specific intent (battery, false imprisonment, trespassing) ex: workng in LTC pt strieks you and you strike back as reflex (or intentional?)

Question 40

medical malpractice

Answer 40

the failure of a medical professional to exercise the degree of care/skill that a person of the same medical specialty would use under similar circumstances. expert may be brought in to testify in this case.

Question 41

most common tort PT may face

Answer 41

a claim of negligence aka medical malpractice

Question 42

medical malpractice is what type of law

Answer 42

civil law

Question 43

What is the standard of proof?

Answer 43

- think of line example. criminal law must be way right on the line, civil law just have to be over the middle (51%)

Question 44

criminal law standard of proof?

Answer 44

beyond a reasonable doubt. higher standard. judge must be convinced beyond a reasonable doubt that you are guilty

Question 45

civil law standard of proof

Answer 45

preponderance of the evidence. the more likely than not standard. all you are trying to do is get a judge/jury to be 51% convinced that you are guilty

Question 46

in a medical malpractice case how many elements need to be proven?

Answer 46

4 - duty of care, breach of duty, causation, damages

Question 47

causation:

Answer 47

the harm or event. did the breach of duty of care cause that

Question 48

Compensatory damage

Answer 48

compensate the person for work time lost etc

Question 49

Punitive damages

Answer 49

big money, trying to send a message to the public - McDonald's hot coffee example

Question 50

duty of care: the legal basis for the PT/patient relationship resides in what 2 types of law

Answer 50

contract law and common law

Question 51

PT/Patient relationships are created by what type of contractq

Answer 51

implied contract concept (no written agreement)

Question 52

When a court evaluates facts to determine if a PT/Patient relationship exits under an “implied” contract theory, the PT's ____ are the determining factor in the courts decision

Answer 52

the PT's actions are hte determining factor

Question 53

under common law does the PT have a duty to proivde care?

Answer 53

no, but once the PT accepts the patient they create a legal relationship that is no dif than sigining a contract with the patient

Question 54

Abandonment occurs when (2)

Answer 54

1) when the PT terminates the relationship w/o giving the pt notice 2) when the pt is in need of further therapy this in an intentional tort

Question 55

Best Practice for termination of PT services

Answer 55

- reasonable notice given - stabilze pt - obtain assurance that the patient understands the need for additional PT - timely and complete documentation provides evidence that proper measures were taken

Question 56

define breach of duty of care

Answer 56

failure of the PT to meet the standard of care for a PT professional. can be something you do or something you don't do

Question 57

standards that might be presented to prove there was a breach of duty of care?

Answer 57

- local = PT licensure laws | - national = guide to PT practice, APTA code of ethics

Question 58

Causation

Answer 58

the PTs act or omission is the legal cause of the damages being alleged

Question 59

causation asks what

Answer 59

who what when were why how. identity event, result and was the result caused by the event

Question 60

define damages

Answer 60

the amount awarded to a complaintant to compenste for a proven injury/loss

Question 61

economic damages

Answer 61

lost wages (past and future), lost profits, past and future medical expenses

Question 62

non-ecomonic damages

Answer 62

pain and suffering; disfigurement; mental anguish and loss of enjoyment of life

Question 63

punitive damages

Answer 63

aimed to punish the offender and send message to others like the defendant to deter future negligent behavior

Question 64

T/F lack of intent is not a defense to malpractice

Answer 64

true!

Question 65

plaintiff

Answer 65

person bringing the lawsuit

Question 66

defendant

Answer 66

person alleged of wrongdoing

Question 67

legal standing

Answer 67

a party's right to make a legal claim or seek judicial enforcement of a duty or right

Question 68

complaint

Answer 68

notice to you that somoene is starting a civial action against you. you then answer. following this is the discovery process.

Question 69

T/F complaint and answer are not part of the pre-trial discovery process

Answer 69

true

Question 70

Define discovery

Answer 70

a pre-trial process of permitting both sides to gather info that could lead to evidence for later use

Question 71

3 things included in the pre-tiral process (discovery)

Answer 71

1) request for documentation 2) interrogatories (written set of questions) 3) depositions (interview)

Question 72

Discovery process - depositions

Answer 72

question and answer session under oath and recorded by video/written. plaintiff, defendants, experts, witnesses, and others are present

Question 73

best practices that will avoid or defend medical malptractice claims 3

Answer 73

1) provide competent care 2) create complete documetnation 3) demosntrate character as a professional