Medical Law Flashcards
How long do you have to get a tail rider if insurance leaves?
30 days to get tail rider converge.
1- insurance for claims made during this period
2-2x precious year’s premium
what elements are necessary to prove medical malpractice
1-Breach, failure to adhere to the standard of care (commission-w/in scope but done wrong, beyond scope, omission-w/in scope but behavior is wrong)
2-causation-harm occurred as a result of the physicians failure to follow the standard of care(actual, proximate)
3-duty-there must be a duty of care established between the plaintiff and the defendent
4-damage-harm or injury, physical emotional or financial as a result of a breach of duty
res ipsa loquitor. explain how this bypasses the 4 elements to be proven for negligence
“the thing speaks for itself”
three components must be met
1-exclusively under defendants control
2-injury doesn’t occur in the absence of negligence
3-plantiff could not reasonably contribute to the injury sustained
If a patient of a previous relation is seen by a physician, is this considered sexual misconduct?
Not to DO standards. The relationship must be present to be a violation of standards.
A physician can see a spouse, as long as they go through the same documentation as every other patient.
confidentiality of medical records NRS449.720 states___
The patient must consent to the presence of any person who is not directly INVOLVED WITH HIS CARE during any examination, consultation or treatment.
what is the basic rule of HIPPA
protected health information cannot be used or disclosed with authorization of the patient or the patients legal representative.
what are the four situations that a minor is considered emancipated from parents? compare this to the situations in which a minor can consent for themselves
1-living apart from parent for 4 months
2-married or has been married
3-mother or pregnant, incl. consent for pregnancy test
4-dnager of suffering serious health hazard if not treated
can consent for themselves
1-contraception advice, devices or supplies
2-treatment of communicable disease (STI/STD)
3-treatment for controlled substance
4-donation of blood-age17
How can a parent gain a DNR for their child
1- physician has determined the child to have a terminal condition, and
2-issued a DNR order pursuant to NRS450B.510
however!!!
If the physician holds the opinion that the minor is of sufficient maturity ro understand the nature and effect of withholding life resuscitating treatment
1-DNR will not be granted with out the consent of the minor
2-minor may revoke authorization of DNR
what are the 2/8/88 percentages represent?
2% of student doctors have a current SUD
8%will develop SUD in profession
88% of SUD are successfully treated through rehab
explain the differences between traditional and gestational surrogacy.
traditional
1-parents are the genetic donors
2-a person agrees to donate DNA to couple
3-child custody and support are still possible in this instance
gestational
1-embryo/artificial insemination through a facility
2-donors make transaction through facility and receive themselves of all rights to the genetic material.
3-child custody and support it not possible here
What are the 3 A’s to success in medicine?
Affibility
Availability
ability
18.USC.1001 states ____
lying to federal agency is a felony.
You can say nothing, but you cannot lie
What are the basic tenants of ethics?
A,B,C,T
Autonomy
-adult of sound mind has a right to do with their body what they wish as longs it doesn’t harm anyone else
1-informed consent implies that a persons has a right to refuse a treatment or surgery even if that treatment or surgery would be beneficial or life saving
Beneficence
- do good
Confidentiality
- relationship founded on TRUST
- legal requirement, economic requirement, and business breach
truthfullness/veracity
- honesty is the best policy
- patient autonomy and informed consent
In the instance of a living will a physician does not want to carry out the will. what can the physician do?
The physician does not have to carry out the living will but, by law, must find someone else who will
Can a physician refuse the right to participate in an aboration?
Yes, residents can refuse activities that violate their morals/religion. but must find a provider to take over
EMTALA means….
in campus ER facility, patients must be screened and stabilized before transport can occur.
penalty to physician: fine, not right to jury trial: not covered by PLI policy
What is the legal way to remove a patient from the office?
send letter stating they are not allowed back to the office with at date, 30 days from 3 days of postage. No reason is required.
This is not abandonment.
NRS633.131 =
grounds for discipline, unprofessional conduct
1-making false staments
on application
2-failure to use term “DO”
3-giving/recieving kickbacks
employing unlicensed persons
4-false advertising
5-abuse of substances
6-injection of any silicone substance (other than for retinal detachment)
7-willfull disobedience of NSBOH, NSBOP, NSBOM
8-violating any prohibition in NRS633
9-medical records are not maintained
10-altering medical records
11-making medical records a patient available for inspection via NRS633.061
NRS633.290 -NRS633.330 =
Nevada administrative code
1- no oral administration of amphetamines over 30 days
2-no to any injectable amphetamines
3- EDTA may ONLY be used for metal poisoning
NRS633.511 =
grounds for discipline by the state
1-conviction of: abuse/neglect. any offense of moral turpitude (something that gravely violates the sentiment ofr accepted standard of a community)
2- supension of license
3-profesional incompetence
4-signing blank prescription
5-discouraging second opinion
6-failure to report any person involution of statute with in 30 days
7-failure to report any criminal action with in 30 days. NOT MINOR TRAFFIC VIOLATIONS
NAC633.650 =
unethical conduct
1- sexual misconduct
2- abandoning patient
3- filing false reports claims to insurance
4- failing to file medical report required by law
5-FAILING TO GENERATE OR CREATE MEDICAL RECORDSrelating to diagnosis, treatment or care of a patient
6-prescribing controlled substance in an amount that the board determines is excessive
7-failing to comply with terms in a diversion program agreement
8-failing to comply with an order of the licensing board
9-engaing in conduct the board determines unfit to practice of osteopathic medicine
How many days do you have to answer the court with regards to malpractice claim?
20 days
Howmany days do you have to report to the licensing board about the malpractice case?
45 days
NRS633.528 states?
how is NRS633.651 related?
NRS633.528 = board must conduct investigation after medical malpractice judgment, award or settlement… they can conduct investigation for any filing of medical malpractice.
NRS633.651 = disciplinary action, if found guilty can resort in one or many of the following
1-probation for a specified period or until further ordered by the board
2-adminster public reprimand
3-limit the practice to the person to specified branches of osteopathic medicine
4-suspend the license for a specified period or until further ordered by the board
5-revoke the license to practice osteopathic medicine
6-fine up to 5000$
7-require: supervision of persons practice, community service w/o pay, additional training or education, and participation in SUD program
8-no private reprimand may be administered
9-all conclusion of law supporting orders are made PUBLIC RECORD
What is the current health GDP of America?
16% of the GDP goes to healthcare. Nearly 2x’s that of other countries
Jerry donates semen to a homosexual couple he knows. He contracts that they will be the responsible party and won’t sue him. But, shortly after the pregnancy the couple breaks up and the mother is seeing Jerry for child support. Are the accusations ground?
Yes, Jerry may be sued for child support.
had he donated to a lab are released all legal rights to donations, he could not be sued.
What is the legal definition of dead?
two conditions must be met
1- cessation of cardio-respiratory functions. irreversible cardiopulmonary ressusitaiton
2- whole brain death. brain stem as well as cerebral hemispheres.
is a persistent vegetative stat considered legally dead?
PVS is NOT supported as dead in any state
which two religions forbid organ transplant?
1-shinto
2-gypsy
What conditions are ground for refusal of care/discharge from practice?
patient is a direct threat to other patients
Medicare sections A and B are for?
a=inhospital facility stays
B= billing
C=beneficiaries in private health plan
D=drugs
After several weeks in the hospital the family decides to pull the plug. 2/3 family members agree to anatomical gift donations, but the third does not. How will the physician move forward?
UAGA = decision rests with a simple majority of family members of the same “class”
since they do not all agree, organs will not be donated.
