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IPAP 21-2 Freshman Semester > Med Law Slides > Flashcards

Med Law Slides Flashcards

1
Q

What is the purpose of the Constitution

A 
-Separation of powers
 (establish branches) 
-form a central government (framework) 
-power to tax 
-Federalism 
-Civil Rights
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2
Q

What is the supreme law of the land

A

The US constitution since 1787

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3
Q

What does the constitution provide:

A

A republican form of government for free and independent states

A federation by which powers are allocated to the central government and others to the state

And a separation of legislative, executive, and judicial branches of government

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4
Q

What are the basic principles of the constitution

A

Government by the people

All states equal

3 branches of Gov

All persons equal

Inherent rights of the people

Gov authority can be changed by altering the constitution

Is the highest law in the land

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5
Q

How many articles are in the constitution

A

7

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6
Q

How many amendments are in the constitution

A

27 total

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7
Q

What are teh 1 ten amendments of the constitution considered

A

The bill of rights

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8
Q

Why do we have a military justice system

A

Promote Justice

Maintain Good order and discipline

Promote efficiency and effectiveness

Strengthen National security

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9
Q

What is the definition of a law

A

A system of rules that defines socially acceptable behavior and sets punishments for violations

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10
Q

What is the difference in Criminal and Civil law determination

A

Criminal is beyond a reasonable doubt

Civil is by the preponderance of evidence.

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11
Q

What are the three sources of law

A

Statutes

Common Law

Administrative Law

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12
Q

What is a statute

A

A written law passed by a legislature of the state or federal government

General propositions that courts apply to specific situations

Used to forbid certain acts to aid society

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13
Q

What type of law is the UCMJ

A

Statutory Law

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14
Q

Define Common Law

A

Unwritten law that is based on general principles

Developed by judges and courts

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15
Q

Define administrative law

A

Concerning the establishment and operation of gov agencies

Defines duties, rules, and powers of government agencies

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16
Q

What type of law is OSHA and DoD regulations

A

Administrative Law

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17
Q

What is the definition of a contract

A

A legally binding agreement

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18
Q

What are the elements of a contract

A
  • competent parties
  • legal subject
  • OFFER
  • ACCEPTANCE
  • CONSIDERATION
  • mutual agreement
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19
Q

What are the types of contracts that are valid

A

Written, oral, expressed, or implied

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20
Q

What type of contract is a lease agreement

A

Express contract

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21
Q

What type of contract is babysitting or mowing a persons lawn

A

Implied contract

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22
Q

What are the two types of remedies sought in contracts

A

Specific performance and damages

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23
Q

When would specific damages be applied

A

When monetary damages are inadequate

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24
Q

What is the primary purpose of damage awards under contract law

A

To place the injured party in the position they would have been in if the contract had been performed

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25
Q

What is an elemental contract defense

A

States that an element requires for contract formation is missing

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26
Q

What is a performance/ satisfaction contract defense

A

The parties have accepted the contract performance as adequate

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27
Q

What is a impossibility contract defense

A

Something happens after contract formation that makes the contract impossible or impracticable

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28
Q

What is sovereign immunity

A

The sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution

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29
Q

What is a frustration of performance contract defense

A

Events occur or circumstances arise which substantially frustrate a party’s purpose in entering the contract

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30
Q

What is a statute of limitations

A

Sets the maximum time after an event when legal proceeding may be initiated

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31
Q

What is res judicata

A

A case in which there has been a final judgment and is no longer subject to appeal

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32
Q

What law governments commercial contracts

A

State Law
Admin law does not apply
Changes must be approved unanimously

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33
Q

What is a civil lawsuit

A

A lawsuit brought about in court when one person claims to have suffered a loss due to the actions of another person

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34
Q

What is civil liability

A

Responsibility for payment of damages, or for other court imposed penalties in a civil lawsuit

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35
Q

Define negligence

A

Failure to exercise a degree of care that would be taken by another reasonable person under the same circumstances

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36
Q

What is a Tort?

A

A non-contractual civil wrong

  • Against a person (real or corporate)
  • Against a persons property
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37
Q

What is meant by tortious conduct

A

A wrongful act, damage, or injury, not involving contractual obligation
-done willfully or negligently
(Civil suit)

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38
Q

What are three types of tort

A

Torts of strict liability
Intentional torts
Negligent torts

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39
Q

Define strict liability tort

A

Activities so dangerous that an individual engaging in those activities is liable regardless of intent or negligence resulting in harm.

Ex) blasting or owning a dangerous animal.

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40
Q

Surgery without informed consent is…

A

Both an intentional tort and a criminal act

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41
Q

What are the types of intentional torts

A 
Assault 
Abandonment 
Defamation 
False imprisonments 
Violation of the right of privacy 
Intentional infliction of emotional distress
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42
Q

What are the elements of strict liability torts

A

The tort occurred

The defendant is responsible

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43
Q

What are the elements of negligent tort

A 
Duty 
Negligent Breach 
Causation 
Injury 
Damages
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44
Q

What is a negligent tort

A

A breach of duty, other than contractual duty, which gives rise to a cause of action from damages

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45
Q

What is the standard of duty under negligent tort

A

What an ordinary person with common sense would do

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46
Q

What is the definition of causation under negligence tort

A

An injury was a reasonably foreseeable consequence of a breach of duty

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47
Q

What are damages awarded for in torts of negligence

A

Compensation for a financial loss, loss of or damage to personal property, or an injury to a person.

48
Q

How are damages awarded under contract law

A

Applies in breach of contract actions

Awarded to compensate the injured party

To place the injured party in the position they would have been in the contract was performed.

49
Q

What defines negligent medical torts

A

Failure to need the standard of care

  • failure to consult
  • failure to refer
  • failure to obtain informed consent
  • abandonment
  • breach of confidentiality
50
Q

What is the Good Samaritan defense

A

Legal protection to people who give reasonable assistance to those who are, or who they believe to be, inured, ill, in peril, or otherwise incapacitated

51
Q

What is the assumption of risk tort defense

A

Once a person has knowingly and voluntarily engaged in the risky activity, he cannot sue the host for injuries or damages incurred

52
Q

What is contributory negligence

A

If negligent conduct on the part of the plaintiff/injured party contributes to the negligence of the defendant in caused the injury or damage, the plaintiff is barred from recovery

-if you were also negligent then it was your fault too.

53
Q

What is comparative negligence

A

A partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiffs own negligence contributed to causes the injury.

54
Q

What is vicarious liability

A

A hospital or doctor can be held vicariously liable for a claim based on the acts of one of its employees

55
Q

What is respondeat superior

A

Let the master answer

56
Q

What is res ipsa loquitur

A

A doctrine which applies when the negligence is so apparent, a presumption of the breach of duty leading to the action or occurrence can be made by the court.

57
Q

Who can be negligent under med mal practice

A 
Health care providers 
Social Workers 
Counselors 
Assistants 
Institutions 
MTF commanders
58
Q

What is the standard of care

A

RPPUTC

The Reasonably Prudent Person Under The Circumstances

59
Q

What is the locality rule

A

The standard of care to be applied to the professionals conduct is the reasonable care exercised by similar professionals in the same vicinity and professional community

60
Q

What is the National/ profesional rule of standard of care

A

Requires a doctor to the use the degree of skill and care of a reasonable competent practitioner in his field under same or similar circumstances

61
Q

How are standards of care determined

A 
Statutes 
Federal agencies 
Regulations and Rules 
ByLaws 
Textbooks 
Job descriptions 
Expert Witness
62
Q

What is the Daubert Standard and where does it come from

A

The rule of evidence that determines whether an expert witness is admissible as a form of evidence at trail

Duabert v. Merrill Dow Pharma

63
Q

What is rule 702

A

Sets the parameters for expert witness

64
Q

What does res ipsa loquitur literally mean

A

“The thing speaks for itself”

65
Q

What doctrine would a hospital be liable if it fails to uphold a proper standard of care to the patient

A

Corporate negligence

66
Q

What does the term vicarious liability mean

A

Aka imputed liability

Assigns liability to an individual who did not actually cause the harm but who has a specific superiors legal relationship to the person who did

67
Q

What must an employee be within for respondeat superior to apply?

A

Within the scope of their employment

68
Q

What is a Potentially compensable event

A

An adverse event that occurs in the delivery of healthcare or services with resulting injury to the patient

69
Q

How are providers reported to the national practitioner data bank

A

If they are found not to have met the Standard of Care in a medical mal case

70
Q

Who makes the final decision on Standard of Care evaluation

A

The Surgeon General

71
Q

What is the National Practitioner Data Bank

A

A collection of reports on medical mal prac payments made on behalf of health care providers

72
Q

What is the Defense Practitioner Data Bank

A

Accounts for personal injury or death of service members caused by the failure of a practitioner to meet the profesional standard of care.

73
Q

What is the health care integrity and protection data bank

A

Contains information on important health care related criminal convictions

74
Q

What is the American theory of damages

A

The amount of money necessary to make the injured party whole

75
Q

What are the types of damages in Tort

A

Compensatory
Punitive
Special
General

76
Q

What are nominal damages

A

Token damages awarded to redress a violation of a legal right that the law deems necessary to protect. Even if there has been no actual harm or monetary loss

Damages affirm that a legal right has been violated

77
Q

What is the difference between special and general damages

A

Special- financial losses of monetary value directly caused by the defendants actions

General- money awarded for things for which the value is more difficult to determine

78
Q

Are additurs allowed in federal court

A

NO

79
Q

What is an additur

A

The power of a trial court to assess damages or increase a jury award of damages found to be excessively low

80
Q

What is a remittitur

A

A ruling by a judge lowering the amount of damages granted by a jury in a civil case

81
Q

What is the federal tort claims act…

A

Waiver of sovereign immunity that allows individuals to sue the US for neglect acts of US government personnel acting within the scope of employment

82
Q

What are the exceptions to liability under the federal tort claims act

A

Employees intentional acts

Claims raising from combat
Claims arising in foreign countries
Service-members injured incident to service or while exercising a military privilege.

83
Q

Federal tort claims act uses what doctrine to make the government reliable

A

Respondeat Superior

84
Q

What does the Federal Tort Claims act gov agents from

A

Personal liability for harm resulting from their negligent IN SCOPE torts

85
Q

What is the feres doctrine

A

The government is not liable under the FTCA for injuries to service embers when those injuries arose out of, or were in the course of, activities incident to service.

86
Q

How long does the US government have to process a FTCA claim>

A

6 months

87
Q

If a party is not satisfied with the outcome in a FTCA claim, what can they do next?

A

File suit in Federal District Court

88
Q

What are the rules and limits to the FTCA

A 
2 year statute of limitations 
Trial by judge alone ( no jury) 
Trial in district US court 
No limit on damages 
NO PUNITIVE DAMAGES
89
Q

To use the FTCA, a plaintiff must first….

A

Submit an administrative claim to the responsible federal agency prior to the initiation of a lawsuit

90
Q

What is the motion for party substitution

A

When the US “steps into the shoes” of employees who acted within the scope of their employment in FTCA claim

91
Q

What are the three proper claimants under the FTCA

A

Civilians
Dependents
Retirees

92
Q

Where is the military claims act valid

A

Overseas and is administrative only

93
Q

What are the rules of the military claims act

A 
2 year SoL (extended during war) 
Administrative only 
No right to a trial 
Damages in excess of 100,000 must be forward to the Comptroller General 
No punitive damages
94
Q

What does the foreign claims act do

A

Operates overseas to promote and to maintain friendly relations through prompt payment of meritorious claims

95
Q

When does the foreign claims act not apply

A

When the claimant is an enemy of the US

Or is resulting from enemy actions

96
Q

What provided immunity to doctors acting within the scope of their duties in the military

A

Gonzales act/ FELRTCA

Federal employees liability reform and tort compensation act

97
Q

What is the Military medical accountability act

A

Passed in 2019
Allows claims against the US for injuries and deaths of a solider caused by medical malpractice that occurs in a covered military medical facility

Cannot be from before 2017
Limited to 100,000 by the DoD
Over 100,000 by US treasury
(NO PUNITIVE DAMAGES)

98
Q

Who determines capacity to consent

A

Determined by a physician

99
Q

What information much a patient receive in order to make an informed consent

A

Procedure
Alternatives
Risk and Benefits
Questions

100
Q

What is the difference between reasonable physician standard and reasonable patient standard

A

Physician- what a reasonable physician would disclose

Patient- what an reasonable patients would consider material before making a decision

101
Q

What determines the ability to make a decision

A

Legal age

To take in, process, and communicate information

102
Q

What is the difference of capacity and competence

A

Capacity is a medical determination or ability

Competence is a legal determination adjudged by the court

103
Q

What are exceptions to informed consent

A 
Patient waiver 
Emergency 
Therapeutic privilege 
Order by court 
Required by law 
Non consensual treatment permitted by law
104
Q

Medical care furnished without consent may be considered assault under which UCMJ article

A

Article 128

105
Q

What must hospitals provide at the time of admission

A

Advance Directives

106
Q

What are the three types of Advanced Directives

A

DNR
Durable Medical Power of Attorney
Living Will

107
Q

Define power of attorney

A

A written document that appoints another persons to act on their behalf
General or specific
Requires legal capacity

Terminates when the granger dies or becomes incompetent

108
Q

What is a durable power of attorney

A

Same as a Power of attorney except
it continues beyond incapacity and death of grantor

Most often used for health care issues

109
Q

What is a living will

A

General used for terminal illnesses
Takes effect at start of medical problem
Provides instructions to HC providers

110
Q

What are the states with death with divinity statues

A

Oregon, Washington, Vermont, Californian, colorado and Hawaii

111
Q

What are the rules for death with dignity

A

Terminally Ill prognosis form at least 2 different doctors

Evaluation from a mental health professional from capacity

Request for life ending meds made at least 20 days apart

2 witness cant be relatives
Death witnessed by non interested party

112
Q

What is the freedom of information act

A

Since 1967

Provided the public the right to request access to records from any federal agency

113
Q

What are the exceptions to the freedom of information act

A

Properly classified secret information

Related solely to internal personnel rules and practices

Excerpted by other statutes

Trade secrets

Privileges letters or memoranda

Personnel medical files

Law enforcement investigations

Maps

114
Q

What is the privacy law

A

Enacted in 1974

Ensures that no secret files are kept on US citizens

115
Q

What is HIPAA

A

Enacted in 1996
Provided the first nationally recognized regulations for the use/disclosure of individuals health information

Protected health information

IPAP 21-2 Freshman Semester (22 decks)

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