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JURISPRUDENCE > MIDTERM > Flashcards

MIDTERM Flashcards

1
Q

2 sides of the scale of the law

A

Legal system

The law

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2
Q

Lawmaking body

A

Congress

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3
Q

Creates rules (more sepcific laws) to enforce the law

A

President

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4
Q

Interpret law

A

Supreme court

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5
Q

Sources of law: state and federal

A

Constitutional law
Statutory and regulatory law
Judicial opinion

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6
Q

Written legal document establishing government

A

Constitutional law

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7
Q

The supreme law of the land because any law state or federal that is in conflict with the US constitution is invalid

A

US constitution

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8
Q

US Constitution type of law

A

Constitutional law

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9
Q

Statutes are

A

Laws passed by a legislative body

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10
Q

Sometime create agencies designated for a specific purpose

A

Legislatures

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11
Q

May authorize agencies to make laws which become known as rules and regulations

A

Legislatures

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12
Q

Department of health and human services (HHS)

A

Statutory and regulatory law

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13
Q

Centers for medicare and medicaid services (CMS)

A

Statutory and regulatory law

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14
Q

Centers for disease control and prevention (CDC)

A

Statutory and regulatory law

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15
Q

Food and drug administration (FDA)

A

Statutory and regulatory law

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16
Q

Important laws statutory and regulatory law

A

HIPAA
HITECH
Patient protection and affordable care act - affordable care act

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17
Q

HIPAA

A

Health insurance portability and accountability act

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18
Q

HITECH

A

Health information technology for economic and clinical health act

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19
Q

43-9-2

A

Creation of board; members; qualifications; residence requirements; terms

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20
Q

43-9-6.1

A

Scope of board’s authority

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21
Q

43-9-7

A

Qualifications of applicants for license to practice chiropractic

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22
Q

43-9-9

A

Reciprocity

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23
Q

Board authorized to adopt, amend, and repeal such rules and regulations not inconsistent with this chapter necessary for the proper administration and enforcement of said chapter

A

TRUE

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24
Q

Board authorized to examine, issue, renew, and reinstate the licenses of duly qualified applicants for licensure to practice chiropractic in this state

A

True

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25
Q

Board authorized to deny, suspend, revoke, or otherwise sanction licenses to practic chiropractic in this state

A

True

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26
Q

Board authorized to initiate investigations for the purpose of discovering violations of this chapter

A

True

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27
Q

Board authorized to conduct hearings upon charges calling for the discipline of a licensee or on violations of this chapter

A

True

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28
Q

Board authorized to issue to chiropractors, licensed under this chapter, certificates under the seal of the board evidencing such licensure and signed, either by hand or facsimile signature, by the president of the board and the division director

A

True

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29
Q

Board authorized to Expunge or delet from the disciplinary record of any licensee advertising violations not defined in the rules of the board as immoral and unprofessional conduct or relating to reasonable care and skill in the treatment of a patient GA

A

True

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30
Q

Legal cases for violation of the law are brought and heard in

A

State and federal trial courts

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31
Q

Outcome of trials are known as

A

Rulings

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32
Q

Outcome of trials are documented as

A

Judicial opinions

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33
Q

Interpretation of the law

A

Judicial opinions

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34
Q

Explanation given by a judge for the reasoning and president of a court’s decision

A

Judicial opinions

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35
Q

Courts apply general principles of law (statutes or common law) to specific situation brought before the court which in effect interpret the law through

A

Their decision

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36
Q

Opinions have the force of law in that

A

Jurisdiction

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37
Q

Traditional principles of law not typically written in statutes

A

Common law

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38
Q

Examples of common law

A

Tort law

Contract law

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39
Q

Highest court in teh federal system

9 justices, washington DC

Appeals jurisdiction through certiorari process

Limited original jurisdiction over some cases

A

Supreme court

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40
Q

Intermediate level in the federal system

12 regional circuit courts, including DC circuit

No original jurisdiction; strictly apellate

A

Court of appels

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41
Q

Lowest level in the federal system

94 judicial districts in 50 states and territories

No appellate jurisdiction

Original jurisdiction over most cases

A

District courts

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42
Q

Court of last resort

A

Supreme court

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43
Q

General jurisdiction court

A

Superior court

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44
Q

Intermediate appellate court

A

Court of appeals

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45
Q

Limited jurisdiction courts

A 
Civil court
State court
Juvenile court
County recorders
Probate court
Magistrate court - municipal court
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46
Q

A patient can sue for anyting if they believe

A

You caused a negative outcome with treatment

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47
Q

Common claim triggers

A 
Board issues
Insurance audits
Lack of communication
Billing disputes
Rib fracture
Failure to refer
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48
Q

Types of policies

A

Claims made

Occurrence

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49
Q

If you move to a new carrier

A

Purchase tail coverage which is 1.5 -2x annual premium

Prior acts coverage

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50
Q

Claims made policy

A

An alleged injury must take place on or after retroactive date, while policy is still active in order to be covered

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51
Q

An alleged injury must have taken place when policy was active

A

Occurrence policy

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52
Q

Tail coverage built in from the beginning

A

Occurrence policy

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53
Q

Own corporation

A

Add as named entity to your malpractice policy

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54
Q

DBA

A

Doing business as

No liabilty

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55
Q

Supplemental coverage

A 
Board
Hippa
Sexual misconduct
Billing errors and omission
Cyber liability
EPLI
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56
Q

Parties to a case

A

Plaintiff vs defendant

Individual or business sues another individual or business

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57
Q

Civil law

A 
Tort
Contract
Property
Probate
Family
Corporate
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58
Q

Civil law or civil suit involves all cases that are not

A

Criminal law

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59
Q

Generally carry monetary damages or awards as compensation for harm

Most settle for monetary award out of court

A

Civil law

60
Q

Wrongful act committed against another person or property, resulting in harm

A

Elements of tort

61
Q

HARM

A

The defendant must suffer a mental or physical injury caused by the plaintiff

62
Q

Causation

A

This harm to plaintiff must be caused by wrongful act of defendant

63
Q

Person intentionally or deliberately injured by another

A

Intentional torts

64
Q

Unlawful touching of another

Lacking consent

A

Battery

65
Q

Forcing a patient to do anything against their wishes or without their knowledge

A

Battery

66
Q

Threat of bodily harm to another

Does not have to be an actual touch

A

Assalt

67
Q

The voluntary agreement that a patient gives to medically trained person the permission to touch, examine, and perform a treatment

A

Consent

68
Q

Patient agrees to the proposed course of treatment after having been told about the possible consequences of having or not having certain procedures and treatment

A

Informed/expressed consetn

69
Q

Signature indicates that the patient understands the limits or risks involved in the pending treatment

A

Informed/expressed consent

70
Q

Goals of informed/expressed consent

A

Protect patient’s rights to decide for themselves about their own treatment
Disclose information to the patient so that he or she can a reasoned decision

71
Q

Mohr v. Williams

A

Informed/expressed consent

72
Q

Information to provide on informed consent

A 
Patient diagnosis if known
Nature and purpose of proposed treatment or procedure
Advantages and risks of treatment
Alternative treatments available
Potential outcomes of the treatment
Potential risk if they decline treatment
73
Q

Obtain consent from a patient before initiating any treatment. May be evidenced by a consent form, when needed, or simply by asking the patient

A

Consent - best practices

74
Q

If a patient refuses treatment and there is no threat to his life or well-being

A

Do not force treatment, notify those who need to be notified, and document the refusal and the notifications

75
Q

Never threaten a patient or family member in any way or act in a menacing manner

A

Consent best practices

76
Q

Never threaten to hit a patient or family member or actually do so

A

Consent best practices

77
Q

Never make sexual advances towards a patient or family member

A

Consent best practices

78
Q

Occurs when patient’s nonverbal communication may indicate a consent for treatment or examination

A

Implied consent

79
Q

Can be difficult to interpret because it is based on another person’s interpretation

A

Implied consent

80
Q

When a patient is seen for a routine exam, there is implied consent that the doctor

A

Will touch the paitne

81
Q

Implied consent in emergencies when patients can respond is

A

Assumed

82
Q

The unauthorized publicity of information about a patient

A

Invasion of privacy

83
Q

Inherent duty to maintain patient confidentiality

A

Invasion of privacy

84
Q

Estate of Berhiaume v Pratt

A

Invasion of privacy

85
Q

This tort provides a remedy whenever a person owes a duty of confidentiality to another and breaches that duty

A

Breach of confidence

86
Q

Privileged communication refers to

A

Confidential information that has not been told to a doctor

87
Q

No information, test results, patient hxs, or even the fact that the patient is a patient, can be transmitted to another person without the p

A

Patien’ts consent

88
Q

Smith v Datla

A

Confidentiality

89
Q

Medical records should not be released to third parties without

A

Patient’s consent

90
Q

Patients should sign release form prior to sending

A

Medical records

91
Q

The original version of the medical record

A

Should never be sent

92
Q

Only the specific information requested should be released, not

A

The entire medical record

93
Q

Violation of the personal liberty of another person through unlawful restraint

A

False imprisonment

94
Q

Takes action to confine a patient

A

False imprisonment

95
Q

Patient not being allowed to leave a room or building and had no reasonable mean of escape

A

False imprisonment

96
Q

Deliberate concealment of the facts from another person for unlawful or unfair gain

A

Fraud

97
Q

Illegal billing for services that may or may not have rendered

A

Fraud

98
Q

Dishonesty when conducting medical research

Illegal sale of drugs

A

Fraud

99
Q

Billing fraud includes

A

Billing for services not needed
Billing for nonexistent patients
Billing for products not needed or supplied

100
Q

Overutilization of services such as treatments including office visits, testing, and therapy

A

Medical fraud

101
Q

Supplies that were not delivered or providing lower priced supplies and billing for higher prices supplies

A

Medical fraud

102
Q

Legal scams such as workers comp fraud and false injury claims

A

Medical fraud

103
Q

Kickbacks which are improper payments in order to induce healthcare professionals to refer patients to a healthcare facility

A

Medical fraud

104
Q

The wrongdoing or negligence committed by a professional person like chiropractors

A

Malpractice

105
Q

Professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient

A

Malpractice acts

106
Q

Professional misconduct
Improper discharge of professional duties
Failure to meet professional standards of care that result in harm to another person

A

Malpractice acts

107
Q

Negligence by a healthcare professional is considered

A

Malpractice

108
Q

Person performs or fails to perform an action that a reasonable professional person would or would not have performed in a similar situation

A

Unintentional tort

109
Q

Both action and inaction (omissions) can be considered

A

Negligence

110
Q

Every mistake or error is NOT

A

Malpractice

111
Q

When a treatment or diagnosis does not turn out well,

A

The provider is not necessarily negligence

112
Q

4 elements of negligence

A

Provider owes a duty of care

Breach in the applicable standard for carrying out duty

A compensable injury was the proximate cause of the breach of duty

Compensable damages or injury to the patient

113
Q

Responsibility established by the provider-patient relationship

A

Duty

114
Q

The obligations the provider has to the patient

A

Duty

115
Q

Patient/plaintiff has to prove that a relationship has been established

A

Duty

116
Q

Duty is assessed based on

A

The reasonable person standard

117
Q

Chiropractor and other healthcare professional must act within the standard of care appropriate for their profession, with attention to

A

Their special field or their particular level of practice

118
Q

All providers are held to the same

A

Standard in their field of practice

119
Q

The test for standard of care is

A

Reasonable person standard

120
Q

Generally necessary to prove either compliance with or deviation from the standard of care

A

Expert testimony

121
Q

Continuous sequence of events, unbroken by any intervening cause that produces an injury and without which the injury would not have occurred

A

Direct or proximate cause

122
Q

The injury was proximately or closely related to the provider/defendant’s negligence

A

Direct or proximate cause

123
Q

There was no intervening forces between the defendant’s action and the plaintiff’s patient injury

A

Direct or proximate cause

124
Q

The last negligent act that contributed to a patients injury without which the injury would have resulted

A

Direct or proximate cause

125
Q

The thing speaks for itself

A

Res Ipsa Loquitur

126
Q

Breach is so obvious that it does not need further explanation

A

Res ipsa loquitur

127
Q

Injury would not have occurred without the negligence of someone

A

Res ipsa loquitur

128
Q

Injuries caused by the defendant

A

Damages

129
Q

Plaintiff seeks recovery compensation for a damages

A

Permanent physical disability

Permanent mental disability

Loss of enjoyment of life

Personal injuries

Past and future loss of earnings

Medical and hospital expenses

Pain and suffering

130
Q

Recovery for the actual loss of income, emotional pain and suffering, or injury suffered by the plaintiff related to the injury

A

Compensatory damages

131
Q

Lost income

A

Past, current, and future lost wages

132
Q

Monetary award by a court to a person who has been harmed in an especially malicious or willful way.

A

Punitive damages

133
Q

Not always related to the actual cost of the injury or harm

A

Punitive damages

134
Q

Punishment

A

Punitive damages

135
Q

Defendant present evidence that the patient’s condition was the result of factors other than the defendant’s negligence

A

Affirmative defense

136
Q

Undesirable side effects; informed consent documents

A

Assumption of risk

137
Q

Patient was fully or in par at fault for the injury; plaintiff will recover nothing

A

Contributory negligence

138
Q

Plaintiff can recover based on the percent of the damage caused by the defendant

A

Comparative negligence

139
Q

Limits the time frame for a lawsuit to be filed

A

Statute of limitations

140
Q

Rule of discovery - statutes does not begin to run until the injury is discovered

A

Exception

141
Q

Exercise the standard of care or any other business owner

A

Conditions of the premises

142
Q

Conditions of the premises

Respondant superior

A

Professional liability

143
Q

Conditions of the premises examples

A

Broken steps
Malfunctioning elevators or doors
Defective carpets
Safety

144
Q

Employer is liable for the consequences of the employee’s action committed in the scope of employment

A

Respondeat superior

145
Q

Does not necessary require wrong directly by the employer

A

Respondeat superior

146
Q

Gala vs fisher

A

Malpractice prevention

JURISPRUDENCE (3 decks)

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