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Block 7 PID Exam 6 > Legal Aspects of Healthcare > Flashcards

Legal Aspects of Healthcare Flashcards

1
Q

purpose of due process

A

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

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2
Q

purpose of equal protection

A

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

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3
Q

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

A

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

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4
Q

due process - right to notice

A

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

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5
Q

due process - right to a hearing

A

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

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6
Q

due process - impartial decision maker

A

licesnsure board, judge, jury

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7
Q

due process - written findings

A

ultimate outcome

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8
Q

equal protection in PT practice

A
  • state licensure board licesning rules
  • educational requirements to receive state licensure to practice legally as a PT
  • con ed requirements
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9
Q

name the 3 branches of the federal government

A

judicial, legislative, executive

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10
Q

3 branches of government is what type of system

A

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

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11
Q

purpose of the legislative branch

A

make laws

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12
Q

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

A

represent the interests of their constituents

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13
Q

the legislative branch is made up of what 2 groups

A

house of representatives and the senate

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14
Q

legislative bills originate from where

A

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

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15
Q

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

A

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

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16
Q

a signed law is referred to as what

A

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

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17
Q

what is the us code

A

a “book” of all the laws of the US

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18
Q

Are there federal regulations in the us code?

A

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

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19
Q

executive branch - which level/

A

federal and state level

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20
Q

Executive branch: what happens?

A

Federal adminstrative agencies enact REGULATIONS to implement legislative statutes.

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21
Q

What occurs in the executive branch (common terms)

A

the executive branch executes laws created by the legislative branch

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22
Q

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

A

true. example DHHS implements the ACA

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23
Q

example of execuitive branch at state level

A

Iowa Board of PT - charged with implementing PT practice act

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24
Q

state regulations for Iowa are in what book

A

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

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25
Q

Judicial branch

A
  • decisions rendered by the US court system create the Common Law which is different than legislative and administrate created law
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26
Q

3 types of common law (judicial branch)

A

1) criminal
2) civil
3) administrative

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27
Q

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

A

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

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28
Q

Judicial Branch - Criminal law

A
  • fine or jail

- relates to harm to persons/property from committing a crime

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29
Q

Judicial Branch - civil law

A
  • fine or compelling someone to act

- relates to disputes between two private parties or between govt and citizens

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30
Q

Judicial Branch - administrative law

A
  • fine or removing priviledges

- involve matters of law implemented by the executive branch and its agencies

31
Q

Purpose of Judicial branch (2)

A

1) apply and interpret existing laws

2) resolve disputes that arise under existing laws

32
Q

4 elements of cause of action for medical malpractice

A

duty of care
breach of duty of care
causation
damages

33
Q

Define cause of action

A

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

34
Q

a civil lawsuit is brought based up a what?

A

cause of action

35
Q

define civil law

A

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

36
Q

define tort

A

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)

37
Q

tortfeasor

A

one who commits a tort

38
Q

negligent tort

A

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

39
Q

intentional tort

A

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?)

40
Q

medical malpractice

A

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.

41
Q

most common tort PT may face

A

a claim of negligence aka medical malpractice

42
Q

medical malpractice is what type of law

A

civil law

43
Q

What is the standard of proof?

A
  • think of line example. criminal law must be way right on the line, civil law just have to be over the middle (51%)
44
Q

criminal law standard of proof?

A

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

45
Q

civil law standard of proof

A

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

46
Q

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

A

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

47
Q

causation:

A

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

48
Q

Compensatory damage

A

compensate the person for work time lost etc

49
Q

Punitive damages

A

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

50
Q

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

A

contract law and common law

51
Q

PT/Patient relationships are created by what type of contractq

A

implied contract concept (no written agreement)

52
Q

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

A

the PT’s actions are hte determining factor

53
Q

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

A

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

54
Q

Abandonment occurs when (2)

A

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

55
Q

Best Practice for termination of PT services

A
  • 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
56
Q

define breach of duty of care

A

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

57
Q

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

A
  • local = PT licensure laws

- national = guide to PT practice, APTA code of ethics

58
Q

Causation

A

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

59
Q

causation asks what

A

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

60
Q

define damages

A

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

61
Q

economic damages

A

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

62
Q

non-ecomonic damages

A

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

63
Q

punitive damages

A

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

64
Q

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

A

true!

65
Q

plaintiff

A

person bringing the lawsuit

66
Q

defendant

A

person alleged of wrongdoing

67
Q

legal standing

A

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

68
Q

complaint

A

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

69
Q

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

A

true

70
Q

Define discovery

A

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

71
Q

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

A

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

72
Q

Discovery process - depositions

A

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

73
Q

best practices that will avoid or defend medical malptractice claims 3

A

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

Block 7 PID Exam 6 (2 decks)

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