Med Law 1-3 exam review

Question 1

Accreditation

Answer 1

Official authorization or approval for conforming to a specified standard

Question 2

Certification

Answer 2

A voluntary credentialing process whereby applicants who meet specific requirements may receive a certificate

Question 3

Bioethics

Answer 3

A discipline dealing with the ethical implications of biological research methods and results, especially in medicine

Question 4

Code of ethics

Answer 4

A system of principles intended to govern behavior-here, the behavior of those entrusted with providing care to the sick

Question 5

Ethics

Answer 5

Standards of behavior, developed as a result of one’s concept of right and wrong

Question 6

Etiquette

Answer 6

Standards of behavior considered to be good manners among members of a profession as they function as individuals in society

Question 7

Endorsement

Answer 7

The process by which a license may be awarded based on individual credentials judged to meet licensing requirements in a new state

Question 8

Licensure

Answer 8

A mandatory credentialing process established by law, usually at the state level, that grants the right to practice certain skills and endeavors

Question 9

Legal precedents

Answer 9

Decisions made by judges in the various courts that become rule of law and apply to future cases, even though they were not enacted by legislation

Question 10

Law

Answer 10

Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority

Question 11

Moral values

Answer 11

One’s personal concept of right and wrong, formed though the influence of the family, culture, and society

Question 12

Protocol

Answer 12

A code prescribing correct behavior in a specific situation, such as a situation arising in a medical office

Question 13

Summary judgement

Answer 13

A decision made by a court in a lawsuit in response to a motion that pleads there is no basis for trial

Question 14

Tort

Answer 14

A civil wrong committed against a person or property, excluding breath of contract

Question 15

Tortfeasor

Answer 15

The person guilty of committing a tort

Question 16

Risk management

Answer 16

The taking steps to minimize danger, hazard, and liability.

Question 17

Fraud

Answer 17

Dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights

Question 18

Common law

Answer 18

The body of unwritten developed in England, primarily from judicial decisions based on custom and tradition

Question 19

Criminal law

Answer 19

Law that involves crimes against the state

Question 20

Civil law

Answer 20

Law that involves wrongful acts against persons

Question 21

Agent

Answer 21

One who acts for or represents another. In performing workplace duties, the employee acts as the agent, or authorized representative, of the employer

Question 22

Respondeat superior

Answer 22

Literally “ let the master answer” physicians are liable for the acts their employees performed “ within the scope and course” of employment. Meaning practitioners must avoid making promises their employees cannot keep

Question 23

Qui Tam relator

Answer 23

Translation “ to bring an action for the king and oneself”. These are individuals, commonly known as whistle blowers… They can share in any court awarded damages

Question 24

Defensive Medicine

Answer 24

The practice of ordering and or performing medical tests and procedures simply to protect against future liability and to construct for patients a medical record that documents the health care providers judgement

Question 25

Negligent

Answer 25

Considered an “unintentional tort” (civil wrong committed against a person or property, excluding breach of contract) when one may have performed it failed to perform an act that a reasonable person would or would not have done in similar circumstances

Question 26

Assault vs. Battery

Answer 26

Threatening to strike or harm with a weapon or physical movement, resulting in fear. Vs.

Unlawful, unprivileged touching of another person

Question 27

Plaintiff. Vs defendant

Answer 27

The person bringing the charges in a lawsuit. Vs

The person or party against whom charges are brought in a criminal or civil lawsuit

Question 28

What is the purpose of the code of ethics?

Answer 28

Formalized principles for health occupations to govern behavior, increase competence and standards of care within a practice and for its members

Question 29

Implied contract

vs

Expressed contract

Answer 29

An unwritten and unspoken agreement whose terms result from the actions of the parties involved
Vs.

A written or oral agreement in which all terms are explicitly stated

Question 30

Slander.

Vs.

defamation of character

Answer 30

Speaking of defamatory words intended to prejudice others against an individual in a manner that jeopardizes his or her reputation or means of lively hood.
Vs.
Involves damaging a persons reputation by making public statements that are both false and malicious. Defamation can take the form of libel or slander

Question 31

Libel. Vs. Liable

Answer 31

Expressing through publication in print, writing, pictures, or signed statements that injure the reputation of another.
Vs.

Accountable under the law

Question 32

Define felony and list 4 types

Answer 32

An offense punishable by death or by imprisonment in a state or federal prison for more than 1 year.

• child abuse
• elder abuse
• arson
• fraud

Question 33

Define misdemeanor and name 4 types

Answer 33

A crime punishable by fine or by imprisonment in a facility other than a prison for less than 1 year.

• some traffic violations
• disturbing the peace
• attempted burglary
• thefts under a certain dollar amount

Question 34

List 6 intentional torts

Answer 34

• assault
• battery
• defamation of character
• false imprisonment
• fraud
• invasion of privacy

Question 35

What is the National Practitioner Database?
What service do they provide?
To whom can they disclose info?
Whom may they not disclose to?

Answer 35

Repository of information about health care practitioners
- intended to improve quality of medical care
By listing peer reviews, info of malpractice, adverse clinical privileges, adverse licensure actions
- can disclose to state licensing board, hospitals, other health care entities
- cannot disclose to medical malpractice insurer, defense attorney , or general public