Module 5 - Review of Legal Terms Flashcards

1
Q

Which legal rule substantiates the request for original reports in the health record?

A

Best Evidence Rule - when it is necessary to prove the contents of a paper, the original must be produced

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2
Q

What must take place in court in order to remove the health record from the hearsay evidence category?

A

Every entry must be identified by the person who made it - Res Gestae

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3
Q

How does “invasion of privacy” apply to the health record?

A

Cannot publish patient’s record without their knowledge and authorization

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4
Q

What does RES GESTAE mean?

A

“Things done” - exception to the Hearsay Rule; admissible as evidence

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5
Q

What does RESPONDEAT SUPERIOR” mean?

A

“Let the master answer” Vicarious liability

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6
Q

What is privileged communication?

A

cannot be forced to divulge in court

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7
Q

What is Confidential communication?

A

Contains sensitive information

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8
Q

What is the statue of limitations?

A

Law which limits period of time in which an action may be brought against another party

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9
Q

You have been ordered to appear in court (with the health record) as a witness. Name this document.

A

Subpoena duces tecum

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10
Q

What is the difference between a subpoena and a summons?

A

Subpoena is a court order to a witness to testify; summons is a writ to sheriff to notify person of action aginst him/her

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11
Q

What is a “waiver”?

A

written authorization giving up a right

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12
Q

What is the word for “not doing something” which is part of your job duty?

A

Breach (will accept negligence)

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13
Q

True or False: An example of breaching confidentiality would be the unauthorized disclosure of health information.

A

True

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14
Q

True or False: Health information collected from a spouse on behalf of his wife is called “third party information”

A

False

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15
Q

The case of Ares v Venner confirmed that the medical record could be admitted as evidence as an exception to the hearsay rule.

A

True

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16
Q

Affidavits are frequently accepted by the courts in lieu of a witness testifying

17
Q

Hospital employers/administrators are ‘vicariously’ liable for the wrong doings of their physicians on staff.

18
Q

What is a document that requires a person to appear at the designated place at a designed time termed as:

A

a subpoena

19
Q

The health record qualifies as competent evidence because it is A). accurate and complete or B). maintained in the hospital’s regular course of business

A

B). maintained in the hospital’s regular course of business

20
Q

The rule that requires, that where it is necessary to prove the contents of a document, the original must be produced or its absence accounted for is called the A) Best evidence rule or B) Direct evidence rule

A

A) Best Evidence Rule

21
Q

The term that applies to evidence that may be properly accepted in a legal proceeding is called what: A). competent evidence; B) exhibit; C) admissability or D) discovery

A

C) Admissability

22
Q

The physician - patient communication privilege belongs to A) either the patient or the physician depending on the circumstances; B) both the patient and the physician; C) the physician or D) the patient

A

D) the patient

23
Q

What is an order requiring a person to bring a specified document to court called?

A

subpoena duces tecum

24
Q

What allows a law enforcement office to seize evidence found at a specific location called?

A

search warrant

25
document shown by a law enforcement official requesting a document such as a health record in possession of a hospital who is not under investigation called?
Production order
26
document shown to the court indicating that both sides agree on how to proceed
Consent Order
27
document produced by the court just prior to the actual court order
Notice of Motion
28
Another word for masking
Severing
29
A document produced by the coroner allowing them to take the original health record out of the hospital
order to seize
30
A type of writ
summons
31
Can be used in ieu of testimony
affidavit
32
Vicarious Liability
respondent superior
33
Providing consent allowing confidential information to be disclosed
waive claim of privilege
34
Document that must be both signed by a judge and notarized
Court order
35
An example would be the health record which was created in the regular course of business
competent evidence
36
ability to provide authorization
legal capacity
37
an example would be a chart submitted to the court as evidence
exhibit