Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Medical Law > Medical Law Review > Flashcards

Medical Law Review Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards USMLE® Step 1 flashcards
1
Q

a wrongful act, damage or injury - not involving a contractual obligation is an example of?

A

tortious conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what are “forms” of “informed consent”

A

oral (liability considerations, witnesses)
written (consent forms, POAs, living wills)
implied (emergency)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

the FTCA is the ____ _______ for negligent acts of military healthcare providers acting within SOE

A

sole remedy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

types of contracts

A
  • express (written/oral) or implied
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what are examples to meet the “standard of care” (F(CRO)AB)

A

failure to: consult / refer / obtain informed consent / abandonment / breach of confidentiality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is the general rule of informed consent

A

it must be obtained before providing medical care

if not, battery or invasion of privacy tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

examples of administrative law

A

OSHA, FDA, DoD regs, Army Regs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what are the 3 types of advanced directives

A

DNR Orders, Durable Medical Power of Attorney, Living Will

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the FOIA

A

1967 - provides public the right to request records from any federal agency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are tort defenses? EGRT CSC CAS

A

Elemental / Good Samaritan / Res Judicata / Truth / Charitable Immunity / Sovereign Immunity / Contributory negligence / Comparative Negligence / Assumption of risk / Statute of limitations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

what is federalism?

A

tension between states and national govt.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what are the 3 types of TORT?

A

Strict Liability / Intentional / Negligent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Summarize “FTCA Rule S”

A 
two year statute of limitations
trial by judge alone
trial in US district court
no limit on damages (>$100k must go to comptroller general)
NO Punitive damages
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

summarize the Feres doctrine

A

the govt is not liable for injuries to service members when injuries arose out of, or were in the course of, activities/incidence to service
(also applies to military claims act)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what is “standard of care”

A

reasonably prudent person under the circumstances…

not the highest degree but certainly not the lowest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

summary of individual negligence

A

failure to exercise reasonable prudence in specific circumstances (“what would the average Joe do?”) OR changes conduct that is expected

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the elements of an intentional tort? (AAFVAD)

A

Assault - act intended to cause harm/fear
Assault cons. by battery - intent to touch
False imprisonment - unlawful restraint
Violation of privacy - wrongful intrusion into personal life
Abandonment - ending patient relationship at unreasonable time
Defamation - Libel / Slander - untrue statement purported as fact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

what is the intent for the privacy law

A

balance the govt’s need to maintain information about individuals with individual’s privacy rights; ensure no “secret files” are kept; restrict the disclosure of personal information maintained by agencies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what are the two types of damages in tort

A

compensatory damages - intended to restore what a plaintiff has lost as a result of a defendants wrongful conduct

punitive damages - intended to punish the defendant for their misconduct (sets precedence)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

summary of corporate negligence

A

failure of corporation to meet legal obligation to its clients; failure to uphold proper standard of care; responsibility to monitory and supervise the competence of medical personnel / credentialing / negligent hiring

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

In short, what is “pure comparative negligence”?

“modified comparative negligence”

“contributory negligence”

A

“pure comparative negligence”- entitlement of a percent of damages that is minus the amount found liable (100k found 50% liable = 50k take home)

“modified comparative negligence” - entitlement of damages IF found to be less than 49% responsible for the negligence of the case

“contributory negligence” - if contributed even 1% - you’re shit out of luck - no money for you

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What are two types of intentional torts?

A

civil law - deliberate acts of injuring another person
crimes - violations of federal or state criminal law
* a single act can be BOTH

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

differences in criminal vs. civil

A

criminal - society is harmed, no self-help, restriction on liberty, BEYOND A REASONABLE DOUBT, trial by jury GUARANTEED

civil: individual harmed, self-help permitted, damages, BY PREPONDERANCE OF EVIDENCE, limited right to trial by jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

if the FTCA is used to bring suit in regard to a military healthcare provider, the suit must be against whom?

A

the US-not the individual

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

foreign claims act rule s states:

A

two year SoL (ext. during war/armed conflict)
administrative claim only
NO RIGHT TO TRIAL
damages >$100k go to comptroller general
NO PUNITIVE DAMAGES
CLAIMANT must accept as FULL SATISFACTION

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

with regard to the patient’s injury, what embodies “res ipsa loquitur”

A

injury must be of a type that does not ordinarily occur unless someone has been negligent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

is a MTF/civilian hospital or clinic required to disclose a Soldier’s PHI?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

summarize punitive damages

A

damages awarded to punish for egregious conduct and to deter others from similar conduct

considerations: character of conduct / extent and nature of harm / wealth

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

DoD policy supports what? (regarding PHI)

A

the Commander’s need for health information to support his mission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Federal agencies are required to disclose any information requested under FOIA unless it falls under one of how many exemptions?

A

nine (i.e. personal privacy / national security / law enforcement, etc.)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

where does the military claims act operate?

what is it limited to?

A

operates overseas since FTCA is US only

it is limited to administrative only

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

what is a statute

A

written law set by legislature

sets forth general propositions of law that courts apply

forbids/directs an act, declares something, sets forth govt mechanisms to aid society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

what is administrative law

A
  • deals with establishment/operation of govt agencies
  • duties, rules, powers of govt admin agencies
  • legal relationships between agencies, govt bodies, and the public
34
Q

examples of statutes

A

Things with “Act” in them
UCMJ
Statutes of Limitation

35
Q

what is a living will

A

used for terminal illnesses; takes effect when a stated medical problem occurs; provides instructions to health care providers; used to outline a full range of treatment preferences including rejection of certain treatments; allows you to make decisions regarding future treatments

36
Q

what is the primary purpose of a breach of contract action?

A

place injured party in the position they would be in if the contract had not been performed

37
Q

summarize the military medical accountability act of 2019

A
  • allow suit against the US for injuries/deaths from improper medical care/other purposes
  • claim relating to personal injury or death of a Soldier arising out of negligence/wrong doing or omission in performance of medical, dental, health care related functions at an MTF
  • treatment must be provided by a persona acting within scope/direction of govt of US
  • SoL of 3 years
38
Q

what two “rules” exist within the application of standards of care

A

locality rule: reasonable care exercised by similar professionals in same vicinity / community

national/professional rule: doctor to use the degree of skill and care of reasonably competent practitioner in same field or similar circumstances

39
Q

what type of law seeks to punish or reform the offender and protect society?

A

criminal law

40
Q

in the FTCA claim, what must first be submitted to the responsible federal agency prior to the initiation of the lawsuit

A

administrative claim

41
Q

what are the four legally actionable torts (DNIC)

A

duty / negligent breach of duty / injury / causation

42
Q

What is the summary of a strict liability tort?

A

the defendant is solely responsible and liable regardless of intent or negligence resulting in harm (i.e. dangerous activities)

43
Q

summarize Protected Health Information (PHI)

A

individually identifiable health information including demographics, in electronic, paper or oral medium

44
Q

elements of a contract (6)

A 
CLOACM
Competent parties
Legal subject
Offer
Acceptance
Consideration
Mutual agreement
45
Q

Civil law can be broken into two subsets

A

contracts and torts

46
Q

what is the waiver of sovereign immunity to permit individuals to sue the US for negligent acts of US government personnel acting within the scope of employment

A

federal tort claims act (FTCA)

47
Q

what does “PARQ” stand for in “informed consent”

A

procedure / alternatives / risks and benefits / questions

48
Q

what is res ipsa loquitur

A

“let it speak for itself” - doctrine which applies when the negligence is so apparent a presumption of breach of duty leading to the action or occurrence can be made by the court

49
Q

what is the American Theory of Damages

A

amount of money necessary to make the injured party whole

50
Q

what are FOIA exemptions?

A

classified as secret or above (national security / foreign policy)

  • related solely to internal personnel rules and practices
  • specifically exempted by other statutes
  • concerning trade secrets/commercial/financial information obtained from a person that is privileged/confidential
  • privileged interagency / intra-agency memoranda or letters - except under certain circumstances
  • personal and medical files
  • investigatory records compiled for law enforcement purposes
  • contained in/related to certain examination, operating, condition reports concerning financial institutions
  • geographical and geophysical information and data, (i.e. maps/concerning wells)
51
Q

What are the two types of liability

A

individual and corporate (corporate negligence / vicarious liability)

52
Q

when is specific performance applied?

A

applied in breach of contract actions where monetary damages are inadequate

53
Q

military claims act rule s states:

A 
two year SoL (ext. during war/armed conflict)
administrative claim only
NO RIGHT TO TRIAL
damages >$100k go to comptroller general
NO PUNITIVE DAMAGES
54
Q

what is the purpose of “damages” in Tort cases

A
  • give compensation, indemnity, or restitution for the harm
  • determine rights, punish wrongdoers, deter wrongful conducts, vindicate parties and deter retaliation or violent and unlawful “self-help”
55
Q

when does the FTCA apply

A

in-scope negligent torts of agents and employees

IN THE UNITED STATES

56
Q

Name and define three TORT Defenses

A
  • Charitable Immunity: charities cannot be held liable to tort law
  • Res Judicata - matter already adjudicated by competent court that cannot be pursued further (laid to rest)
  • Good Samaritan - protects medical personnel that provide reasonable assistance to those who are injured, ill, or in peril
57
Q

examples of res ipsa loquitur

A

wrong limb, wrong person, explosion/fire, foreign body left in patient

58
Q

when was the privacy law enacted

A

1974

59
Q

what is the intent for HIPAA

A

provides the first nationally-recognized regulations regarding use/disclosure of health information

60
Q

what does the military claims act protect against?

A

protects govt agents and employees from personal liability for harm resulting from their negligent in-scope torts

61
Q

what is the capacity to consent in “informed consent”

A

must be competent and legal age, determined by physician, able to take in information, process and reason/communicate, must be a voluntary act

62
Q

the HIPAA Privacy Rule requires covered entities to take reasonable steps to limit the use/disclosure of and requests for PHI to whom?

A

the minimum necessary to accomplish the intended purpose

63
Q

what are the elements of informed decision making

A

capacity / information / voluntariness / agreement (request) / declination (refusal)

or

legal age (state/feds)
ability to "take in information, process, and communicate information"
64
Q

what is respondeat superior

A

“let the master respond”

65
Q

what are the main differences between a living will and a D.PoA?

A

living will: REQUIRES TERMINAL CONDITION; takes effect when stated medical problem occurs; relies on healthcare providers

D.PoA: takes effect upon execution or loss of decision making capacity; employs a named agent; grants decision making power for ANY medical situation

66
Q

what can be brought forth by a “tortious act”?

A

a civil suit

67
Q

Three sources of law

A

statute, common law, administrative law

68
Q

what amount of information is the commander authorized?

A

only authorized medical information that LIMITS THE SOLDIER’S ABILITY TO PERFORM HIS/HER DUTY

69
Q

when was HIPAA enacted

A

1996

70
Q

purpose of judicial branch?

A

interpret the law and presidential action

71
Q

who decides to prosecute a criminal case?

A

government

72
Q

what is an expert witness

A

person who is called upon to testify due to knowledge or skills in a field relevant to the case (SME)

73
Q

what is a power of attorney

A

written document - person appoints another person to act on their behalf; can be general/special; attorney-in-fact must have legal capacity; grant requires legal capacity; effective on date stated; terminates when grantor dies or becomes incompetent

74
Q

what is a durable power of attorney

A

same as PoA but continues beyond incapacity and death of grantor (most used in health care issues)

75
Q

what are the two subsets of compensatory damages

A

special damages (objective) - financial losses directly caused by defendants actions (i.e. cost of repairs, loss of earnings, impairment of earning capacity, medical expenses, services in the home, cost to repair/replace property)

general damages - money awarded for things for which the value is more difficult to determine (i.e. - pain/suffering, physical impairment, loss of use, visible scarring, loss of enjoyment of life (HEDONIC), mental anguish

76
Q

Who is covered by HIPAA?

A

MTFs, health plans, health care clearing houses, health care providers

77
Q

punitive damages cannot be awarded against who?

A

the US

78
Q

what is common law

A
  • unwritten law based on customs/principles
  • embodied in case law
  • sets precedences
  • applied in situations that aren’t covered in statutes
  • developed by judges and courts
79
Q

examples of common law (case law)

A

various cases of (john vs. james)

80
Q

what is vicarious liability

A

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

81
Q

what is the “right to die”

A
  • passive death vs. proactive death
  • right to refuse treatment is recognized in US
  • requesting that someone assist/speed up dying process is different (ethically/legally)
  • if assistance is required, state laws must be supportive
82
Q

what are remedies sought in contracts?

A

specific performance / damages (monetary)

Medical Law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions