medical jurisprudence Flashcards
Genetic tesing: 1 in ___ of fathers name listed on birth certificate is not acutal father?
1 in 25
what are the requirements for a sperm donor for artificial insemination?
If these aren’t followed then what is the sperm donor liable for?
Needs to be done w/ physician supervision, couple needs to be married, husband needs to have written consent to be legal father of child.
In NV, if not done in those circumstances (just contract, no physician, etc.), mother can get child support from donor.
T/F If a physician destroy an womens saved embryos, the physician can be sued for what?
In Louisiana they ruled that a embryo is a _________ and the physician is ___________?
emotional distress
embryo is judicial person
physician is its guardian
________: A woman (surrogate mother) carries a baby for a couple, uses her own ovum and sperm from husband?
What rights does the women carrying the baby have?
What is gestational surrogacy and what rights does the mother have in NV?
In NV can a woman get compensated for being a surrogate?
surrogacy
The woman/donor can retain the baby; husband has parental rights
Gestational Surrogacy: A surrogate mother carries embryo made by another couple.
Nevada: Valid contract between surrogate mother and couple; surrogate mother CANNOT retain the baby.
NO
Discuss field sobriety tests for DUI, what happens in the field, in jail, and what is admissible?
DUI: Field breath test is not admissible in court.
Police only have 2 hours to test (blood, breath, urine, etc.) at the police station
test done at station is admissible.
What are the 3 pillars of success in medicine?
Three Pillars of Success in Medicine:
a) Affability: Be a good person
b) Availability: Be available to patient
c) Ability: Be competent
What are the 3 most important words in medicine?
Three most important words in medicine: “I don’t know.”
What are the 4 things that make you liable for a medical malpractice lawsuit?
Duty, Breach, Causation, Damages
Physician owes Duty to Patient
Breach of Standard of Care
Cause (actual cause = cause in fact; proximate cause = foreseeability of the injury
Damages
___________: “The thing speaks for itself.”
What do they need in order to prove it?
What does this allow in court?
Res Ipsa Loquitur
i) Injury does not occur in the absence of negligence.
ii) Plaintiff could not have contributed to injury
iii) Plaintiff not in any control
iv) If Res Ipsa Loquitur is granted:
(1) No expert witness required
(2) Negligence is established; plaintiff only needs to prove causation and damages.
If you are sued, must report it to the board in ___days?
You have __ days to answer.
45
20
Statute of Limitations: __ years after incident, or __ year after patient knew/should have known, whichever is (longer or shorter)?
3 yrs after
1 yr should have known
shorter
T/F: You can write a person a prescription w/o making a medical record?
Physicians duty is only to ______?
False; Need to keep make medical records, cannot freely write prescriptions to people.
his/her patients
____________: Spouse can sue physician if spouse and patient can no longer engage in “acts of conjugal kindness” ?
Loss of Consortium
Can you sell organs for an organ transplant?
Any obligation to tell pts about transplant opportunities in INDIA?
NO only donate
NO
____________ court has the last word, do what they say?
U.S. supreme court
