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Legal Basics - Week 2 Flashcards

1
Q

Law

A

Rule of conduct or action prescribed or formally recognized as enforceable by controlling authority

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2
Q

United States laws

A

Federal and state
US constitution is the supreme federal law

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3
Q

Balance of power

A

Legislative
Executive
Judicial

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4
Q

Types of law

A

Constitutional
(Fed and state constitutions)

Case (legal and common law)

Regulatory & administrative
(Concerns, procedures, regs & rules of federal, state & gov agencies)

Statutory (state and federal legislatures)

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5
Q

Substantive law

A

Determine rights from common law
Include criminal, civil, military and international law

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6
Q

Procedural law

A

All parties must follow when investigating and prosecuting

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7
Q

Statues

A

Define actions or omissions that threaten and harm public safety

Plaintiff ~ government

Defendant ~ person or party charged a offense

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8
Q

Misdemeanor

A

Lesser criminal offense
Substantial fine and or jail under 1 year

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9
Q

Felony

A

Serious criminal offense
Substantial fines and prison sentence over a year

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10
Q

Civil law

A

Protect & define private rights
Govern disputes to contracts, property, fam law & injury

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11
Q

Civil law branches

A

Tort
Contract
Property
Family law

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12
Q

Intentional tort

A

Intent to perform action that caused injury whether or not harm was intended

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13
Q

Common intentional torts

A

Assault
Battery
False imprisonment
Fraud
Defamation
Invasion of privacy

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14
Q

Negligent torts

A

Harm caused by negligence as result of persons carelessness

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15
Q

Negligence

A

Persons conduct falls below standard of behavior expected of reasonable person in same situation

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16
Q

Negligent tort classifications

A

Malfeasance (unlawful, wrongful)

Misfeasance ( improper performance of lawful act)

Nonfeasance ( failure to act when 1 should do so)

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17
Q

Malpractice

A

Negligence that applies to professionals

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18
Q

Medical malpractice

A

Standard of care not met

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19
Q

Defenses to liability

A

Denial - none of facts are true

Technical
- statue of limitations
- Good Samaritan laws
- release of tortfeasor
- res judicata

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20
Q

Defenses to liability
Affirmative

A

Defendant admits wrongdoing
Attorney provides facts that support conduct to reduce legal liability

Contributory negligence

Comparative negligence

Assumption of risk - informed consent

Limited or no harm

Intervening cause

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21
Q

Proving malpractice
Alternative dispute resolution (ADR)

A

Process of settling disputes outside of litigation

Arbitration - listens to both sides and makes final decision

Mediation - mediator facilitates agreement acceptable to both parties

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22
Q

Proving malpractice
Summary judgement

A

Process that can be used in civil litigation if there are no disputes

23
Q

4 Ds of negligence

A

Duty of care - healthcare prof has legal obligation to patient

Dereliction - prof breaches duty of care to patient

Damages - patient suffers legal rec injury

Direct cause - negligent act or lack of action causes patients injury

24
Q

Damages

A

Punitive
Nominal
Compensatory
General - often w compensatory
Special

25
Purpose of liability insurance
Protect from claims of injuries or damages to ppl or property
26
Insured (1st party)
Person or company purchasing ins policy
27
Premium
Payment to insurance company
28
Insurer (2nd party)
Insurance company
29
Plaintiff (3rd party)
Can b paid directly from insurer in case of lawsuit settlement
30
Liability insurance 4 types
Professional - errors while at work Medical malpractice / inj, expense, property damage related to wrong practice General or commercial - property loss & bodily injury of nonemployees Personal injury - harm other than body injury
31
Insurance policy types 4 types
Claims made - covers claim thru year Occurrence - claims for wrong acts Nose - covers provider btwn end of prior & next policy Tail - covers provider btwn end of current til start of next
32
Contracts 5 types
Offer - made by 1 Acceptance - 2nd party agrees Consideration - each party exchange something valuable Legal - consideration must be legal Competency and capacity - legal capacity for liability
33
Contacts 3 types
Implied - agreed thru act and behavior Expressed - stated in writing, oral or both Statute of fraud - must be in writing -property related - pay another’s debt - last longer than 1 year - over certain $ amount
34
Provider - patient relationship
Legally binding - 1st apt Provider - duty to see diagnose & treat Patient - follow inst & pay for care Terminate contact - Pat can do anytime & provider must follow steps
35
Patient abandonment
Form of medical malpractice Provider ends without reasonable notice (Not following up, providing coverage while unavailable , discharge without proper inst) Document communication Respondeat superior
36
Breach of contract
Contract not fulfilled by one party w/o legal reasons - can lead to lawsuit Ex- improper termination / abandon Business contacts Payment contracts w patients
37
Consent
Implied - inferred Expressed - written or spoken word Informed - gives consent in writing
38
Need informed consent for ;
Surgery Complex procedures & tests High risk meds and vaccines Research studies participants Cancer treatments Some labs Education must be provided to patient by provider
39
Doctrine of informed consent
Patient or guardian; Understands and makes decision Accepts or refuses Understands diagnosis and treatment Knows risks Knows alternative treatments Knows risks of delaying or refusing Signs consent
40
Informed consent and MA
MA prepares form Serves as witness to pat signature Ask if dr discussed treatment, has any ?s and let dr know if they do MA shouldn’t let pat sign if they don’t understand, can’t legally give consent and has ?s
41
Affordable care acts patient bill of rights
Rights related to health insurance
42
American hospital association
Patients bill of rights for its members
43
Many facility’s have created own ;
Patients rights and responsibility’s Respect patient, notify provider, document (pat decision regarding treatment)
44
Medical practice act
Laws that govern practice of med in each state & have responsibilities of state medical board
45
State medical board
Licenses to practice medicine Investigate complaints Disciple who violate law Create policies
46
Other healthcare professionals
Have own practice acts and state boards
47
Licensure
Allows state boards to ensure healthcare professionals meet education and training requirements (Licensing exam, fees, continued education)
48
Obtaining license in other states
Exam Endorsement Reciprocity
49
Interstate medical licensure compact 2015
Pathway for drs to get licensed in multiple states
50
Scope of practice
Defines what ppl are permitted to do in specific job For drs - similar across states For MA - varries by state, typical duties
51
Accrediting organizations
The joint commission (Facilities and hospitals) National committee for quality assurance (NCQA) - health plans College of American pathologists (CAP) Medical labs
52
Accredited for MAs
Commission on accreditation of allied health programs (CAAHEP) Specific health programs Accrediting bureau of health education schools (ABHES) Schools and specific allied health programs
53
Avoid lawsuits
Follow-up Consent b4 child vaccine Document calls, procedures, treatments Don’t identify as any other professional Don’t give advice

Medical Terminology Basics (7 decks)

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