Module 5 - Review of Legal Terms Flashcards
Which legal rule substantiates the request for original reports in the health record?
Best Evidence Rule - when it is necessary to prove the contents of a paper, the original must be produced
What must take place in court in order to remove the health record from the hearsay evidence category?
Every entry must be identified by the person who made it - Res Gestae
How does “invasion of privacy” apply to the health record?
Cannot publish patient’s record without their knowledge and authorization
What does RES GESTAE mean?
“Things done” - exception to the Hearsay Rule; admissible as evidence
What does RESPONDEAT SUPERIOR” mean?
“Let the master answer” Vicarious liability
What is privileged communication?
cannot be forced to divulge in court
What is Confidential communication?
Contains sensitive information
What is the statue of limitations?
Law which limits period of time in which an action may be brought against another party
You have been ordered to appear in court (with the health record) as a witness. Name this document.
Subpoena duces tecum
What is the difference between a subpoena and a summons?
Subpoena is a court order to a witness to testify; summons is a writ to sheriff to notify person of action aginst him/her
What is a “waiver”?
written authorization giving up a right
What is the word for “not doing something” which is part of your job duty?
Breach (will accept negligence)
True or False: An example of breaching confidentiality would be the unauthorized disclosure of health information.
True
True or False: Health information collected from a spouse on behalf of his wife is called “third party information”
False
The case of Ares v Venner confirmed that the medical record could be admitted as evidence as an exception to the hearsay rule.
True
Affidavits are frequently accepted by the courts in lieu of a witness testifying
True
Hospital employers/administrators are ‘vicariously’ liable for the wrong doings of their physicians on staff.
False
What is a document that requires a person to appear at the designated place at a designed time termed as:
a subpoena
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
B). maintained in the hospital’s regular course of business
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) Best Evidence Rule
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
C) Admissability
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
D) the patient
What is an order requiring a person to bring a specified document to court called?
subpoena duces tecum
What allows a law enforcement office to seize evidence found at a specific location called?
search warrant
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
document shown to the court indicating that both sides agree on how to proceed
Consent Order
document produced by the court just prior to the actual court order
Notice of Motion
Another word for masking
Severing
A document produced by the coroner allowing them to take the original health record out of the hospital
order to seize
A type of writ
summons
Can be used in ieu of testimony
affidavit
Vicarious Liability
respondent superior
Providing consent allowing confidential information to be disclosed
waive claim of privilege
Document that must be both signed by a judge and notarized
Court order
An example would be the health record which was created in the regular course of business
competent evidence
ability to provide authorization
legal capacity
an example would be a chart submitted to the court as evidence
exhibit
