Brainscape's Knowledge GenomeTM

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


See full index

(3) Organization & Administration > S3_L4: Legal Issues in PT Practice > Flashcards

S3_L4: Legal Issues in PT Practice Flashcards

1
Q

Match the following reasons for healthcare professionals to study legal issues.

  1. understand legal & ethical principles that influence workplace environment
  2. avoid legal problems that may threaten ability to earn a living
  3. function at the highest professional level by providing competent, compassionate health care to patients
  4. due to the principle of command responsibility
  5. understand legal relationship between the organization & the consumer

A. individual professional
B. manager/ administrator

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

Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.

A

Laws

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

A standard of behavior and a concept of right and wrong beyond what the legal consideration is in any given situation.

A

Ethics

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q
  1. Sets maximum standards of behavior
  2. Provides us with guides on what is the right thing to do in all aspects of life
  3. Enforced through social institutions like courts and law enforcement
  4. Tells us what we are required to do and what we are prohibited from doing
  5. A system of morality concerned with what’s good for both individuals and society

A. Ethics
B. Laws

A
  1. A
  2. A
  3. B
  4. B
  5. A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q
  1. Sets minimum standards of behavior
  2. Provides more specific rules so that societies and their institutions can be maintained
  3. Recognition of the difference between right and wrong
  4. Consistently striving to set an example of good conduct
  5. Concerned with the moral values of the individual

A. Ethics
B. Laws

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

A person who brings a case against another in a court of law.

A

plaintiff

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

A claim or dispute brought to a court of law for adjudication

A

lawsuit

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

The act or process of holding a trial against a person who is accused of a crime to see if that person is guilty

A

prosecution

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

An individual, company, or institution sued or accused in a court of law.

A

defendant

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

The side of a legal case which argues that a person who is accused of a crime is guilty

A

prosecution

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

_______ is an offense against the STATE committed or omitted in violation of a public law

A

crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q
  1. Punishable by fines
  2. Punishable by death
  3. Most serious type of criminal offense
  4. Punishable by imprisonment for more than 1 year without parole
  5. Punishable by imprisonment for 1 year or less

A. Felony
B. Misdemeanors

A
  1. B
  2. A
  3. A
  4. A
  5. B
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q
  1. threatens and harms public safety and welfare
  2. prosecution must establish the guilt of the defendant “beyond a reasonable doubt”
  3. defendant’s liability is according to the “preponderance of evidence”
  4. protects the private rights of citizens
  5. cases are initiated by a private party

A. Criminal Laws
B. Civil Laws

A
  1. A
  2. A
  3. B
  4. B
  5. B
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q
  1. Focuses on wrongful acts against individuals & organizations based on contractual violations
  2. When violated, the government brings charges against the alleged offender
  3. Require the payment of a sum of money to the injured party.

A. Criminal Laws
B. Civil Laws

A
  1. B
  2. A
  3. B
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q
  1. Purposeful or premeditated actions that result in harm to the plaintiff
  2. Intentional, not merely careless or reckless
  3. Can lead to injury, property damage, or financial loss
  4. Acts that are not intended to cause harm but are committed unreasonably or with a disregard for the consequences
  5. The harm need not be intended

A. Intentional Tort
B. Unintentional Tort

A
  1. A
  2. A
  3. B
  4. B
  5. A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q
  1. False Imprisonment
  2. Abuse
  3. Waste
  4. Negligence
  5. Delayed Treatment

A. Intentional Tort
B. Unintentional Tort

A
  1. A
  2. A
  3. A
  4. B
  5. B
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q
  1. Any actual bodily contact made without permission
  2. The open threat of bodily harm to another
  3. An action that causes bodily harm to another
  4. Intentional unconsented touching
  5. Intentional act of making someone fear that you will cause them harm

A. Assault
B. Battery

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

TRUE OR FALSE: The manager is responsible for the actions of their subordinates. However, the manager cannot be criminally responsible when his subordinates commit against the law.

A. Both statements are false
B. Both statements are true
C. Only the first statement is true
D. Only the second statement is true

A

C. Only the first statement is true

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

TRUE OR FALSE: A tort is a crime that causes harm to another person by violating a protected right. In this case, the defendant is considered guilty

A. Both statements are false
B. Both statements are true
C. Only the first statement is true
D. Only the second statement is true

A

A. Both statements are false

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

Risk management is more about being (1)____, rather than (2)_____

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

Res Ipsa Loquitor is Latin for “the thing speaks for itself”. It is a doctrine of law that a person is presumed to be negligent if he/she had exclusive control of whatever caused the injury

A. Both statements are false
B. Both statements are true
C. Only the first statement is true
D. Only the second statement is true

A

B. Both statements are true

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

An Act creating the Board of Examiners for Physical Therapists and Occupational Therapists.

A. RA 5680
B. RA 10173
C. RA 7305
D. RA 7277

A

A. RA 5680

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

Magna Carta for Disabled Persons

A. RA 5680
B. RA 10173
C. RA 7305
D. RA 7277

A

D. RA 7277

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

Magna Carta of Public Health Workers

A. RA 5680
B. RA 10173
C. RA 7305
D. RA 7277

A

C. RA 7305

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

An Act protecting individual personal information and communication systems in the government and private sector

A. RA 5680
B. RA 10173
C. RA 7305
D. RA 7277

A

B. RA 10173

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

An act providing for the rehabilitation, self-development and self-reliance of disabled persons and their integration into the mainstream of society and for other purposes

A. RA 5680
B. RA 10173
C. RA 7305
D. RA 7277

A

D. RA 7277

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

Creating an inter-agency committee on employment promotion, protection, and rehabilitation of persons with disabilities

A. Executive Order 437
B. Executive Order 261

A

B. Executive Order 261

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

Encouraging the implementation of community-based rehabilitation (CBR) for persons with disabilities in the Philippines

A. Executive Order 437
B. Executive Order 261

A

A. Executive Order 437

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

_______ is a professional responsibility and legal requirement used to support the claims to third party payers for services rendered

A

Documentation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q
  1. Thefts
  2. Attempted burglary
  3. Property crimes
  4. Sex crimes
  5. Violent offenses

A. Felony
B. Misdemeanors

A
  1. B
  2. B
  3. A
  4. A
  5. A
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q
  1. Drug offenses
  2. White collar crimes
  3. Disturbing the peace

A. Felony
B. Misdemeanors

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

A process of determining the exposure to risk, and then initiating action to either minimize or eliminate the risk

A

Risk Management

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

“Anything that can go wrong will go wrong.” It suggests that if something has the potential to go wrong, it is likely to do so at some point.

What law is being described?

A

Murphy’s Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

TRUE OR FALSE: The physical therapist member of the Philippine Physical Therapy Association accepts the Code of Ethics as the basis for the practice of their profession.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

This is an intentional tort that incurs unnecessary costs as a result of deficient management practices, systems or controls

A

Waste

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

This is an intentional tort that interferes with a person’s right to be left undisturbed in private spaces and conversations without consent

A

Invasion of Privacy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

This is an intentional tort that damages a person’s reputation by making public statement that are body false and malicious

A

Defamation of Character

38
Q

This is the use of digital media and posting negative comments about patients and other healthcare workers

A

Cyber defamation

39
Q

Defamation expressed in print, writing, pictures, signs or any communication embodied in physical form

A. Slander
B. Libel

A

B. Libel

40
Q

Speaking damage words intended to negatively influence others against an individual and jeopardizes a person’s reputation or means of livelihood

A. Slander
B. Libel

A

A. Slander

41
Q

An act protecting individual personal information & communication systems in the government and private sector

A

RA 10173 - Data Privacy Act of 2012

42
Q

Most common type of unintentional tort

A

Negligence

43
Q

The following are true or documentation in PT practice, EXCEPT:

A. communication vehicle among providers
B. record of patient care
C. compliance with regulations of the law and of third-party payers
D. appropriate utilization of the practice procedures
E. none

A

E. none

44
Q

TRUE OR FALSE: In performing the PT practice, an informed consent must be obtained to reduce malpractice claims

A

True

45
Q

How often is a PTs license is renewed?

A

every 3 years

46
Q

TRUE OR FALSE: PTs may be personally involved with pts, as long as the can treat them objectively and keep up a professional barrier

A

False

47
Q

TRUE OR FALSE: Individually and collectively, PPTA members of the Association are responsible for promoting and maintaining the highest ethical standards.

A

True

48
Q

Improper documentation may show the following problems:

  1. Missing or incomplete (1)_____
  2. Missing physician/PT (2)_____ and dates
  3. Missing total time for (3)____ & (4)_____
  4. Missing certification and recertification of plan of care
A
  1. plan of care
  2. signatures
  3. procedures
  4. modalities
49
Q

TRUE OR FALSE: Managers may be held responsible for failing to prevent unlawful or criminal acts committed by the subordinates

A

True

50
Q

TRUE OR FALSE: it is the policy of the state to protect the fundamental human rights of privacy and communication while ensuring free flow of information to promote innovation and growth

A

True

51
Q

TRUE OR FALSE: Improper disposal of sensitive personal information shall be penalized by imprisonment ranging from 6 months - 2 years with a fine of P100,000-500,000 to persons who knowingly or negligently discard or abandon the personal information of an individual in an area accessible to the public or otherwise placed in a container for trash collection. This is found in RA 10172, section 27.

A. Both statements are false
B. Both statements are true
C. Only the first statement is true
D. Only the second statement is true

A

C. Only the first statement is true

RA 10173 is the data privacy act

52
Q

This is a kind of malpractice claim wherein a healthcare professional who stops care without providing an equally qualified substitute

A

Abandonment

53
Q

This is a kind of malpractice claim wherein a health professional (with no justifiable reason) postpones treatment and causes its aggravation

A

Delayed Treatment

54
Q

This is a legal doctrine in which an employer may be held responsible for the actions of his employees. It means “let the master answer”.

A

Respondeat Superior

55
Q

TRUE OR FALSE: Since employer benefits from work of the employee, the employer also accepts liabilities of the employee

A

True

56
Q

TRUE OR FALSE: Documentations are a verification of claims and quality of care. It is used as the best evidence in malpractice suits.

A. Both statements are false
B. Both statements are true
C. Only the first statement is true
D. Only the second statement is true

A

B. Both statements are true

57
Q

TRUE OR FALSE: A PT must not treat a pt beyond his scope. This is a non-negotiable aspect of risk management.

A. Both statements are false
B. Both statements are true
C. Only the first statement is true
D. Only the second statement is true

A

B. Both statements are true

58
Q

These are lawsuits by a patient against a healthcare practitioner for errors in diagnosis, treatment, aftercare, or health management

A

Malpractice claims

59
Q
  1. Providing services that lack evidence of producing better outcomes compared with less expensive alternatives
  2. Billing for services that are not medically necessary
  3. Involves publication without any justification or a derogatory and/or a false statement regarding an individual or party

A. Defamation of character
B. False imprisonment
C. Invasion of Privacy
D. Abuse
E. Waste

A
  1. E
  2. D
  3. A
60
Q
  1. intentional, unlawful restraint or confinement of one person against their will
  2. Failure of interprofessional care coordination resulting in duplication of services, hospital readmission, or avoidable complications
  3. Unbundling of services and billing them individually

A. Defamation of character
B. False imprisonment
C. Invasion of Privacy
D. Abuse
E. Waste

A
  1. B
  2. E
  3. D
61
Q

What is the most common physical incidents of workplace violence

A

being pushed, grabbed, or shoved

62
Q

What is the most common non-physical incidents of workplace violence

A

being yelled or sworn at

63
Q

______ is an act or omission that may be intentional, accidental, or negligent other than a breach of contract

A

Civil wrong

64
Q

TRUE OR FALSE: Liability is meant to momentarily reimburse for harm cause.

A

True

65
Q

What are other remedies, aside from reimbursement, may be done in tort cases?

A

restitution or injunctions

66
Q

TRUE OR FALSE: Torts may also be crimes. All unconsented touching is considered as battery.

A. Both statements are false
B. Both statements are true
C. Only the first statement is true
D. Only the second statement is true

A

C. Only the first statement is true

67
Q

When a healthcare practitioner fails to exercise ordinary care and the patient is injured, what is the resultant kind of tort?

A

Unintentional - malpractice

68
Q

TRUE OR FALSE: Disclosing information whether intentional or by mistake, directly violates the Data Privacy Act. However, the law allows that accidental disclosure may happen.

A. Both statements are false
B. Both statements are true
C. Only the first statement is true
D. Only the second statement is true

A

B. Both statements are true

69
Q

TRUE OR FALSE: Forcing beneficial care on an unwilling patient is a form of battery. This is true even in cases of emergencies.

A. Both statements are false
B. Both statements are true
C. Only the first statement is true
D. Only the second statement is true

A

C. Only the first statement is true

69
Q

TRUE OR FALSE: No code of ethics is exhaustive, nor can it address every situation.

A

True

69
Q

TRUE OR FALSE: Violation of the Data Privacy Act may ground for a malpractice lawsuit. It cannot be amended through a settlement.

A. Both statements are false
B. Both statements are true
C. Only the first statement is true
D. Only the second statement is true

A

A. Both statements are false

70
Q

TRUE OR FALSE: It is impossible to maintain complete secrecy in an environment where sharing patient information is crucial for getting them the care that they need

A

True

71
Q

Intentional deception or misrepresentation that a person makes to gain a benefit to which they are not entitled

A

Fraud

72
Q

TRUE OR FALSE: Civil liability exists only in cases in which acts are judicially determined to be wrongful. A HP become liable when their conduct is determined to be malpractice.

A

B. Both statements are true

73
Q

This is a case wherein the accused may have performed or failed to perform an act that a reasonable person would or would not have done

A

Negligence

74
Q

This is committed by a HP by obtaining something of value of which they are not entitled to through intentional deception or misrepresentation of the facts.

A

Fraud in Healthcare

75
Q

Fill in the blanks: Malpractice claims

  1. Owed a _____ to the patient
  2. Breached the _____
  3. The breached caused ____ to patient
  4. There was actual _____
A
  1. duty
  2. standard of care
  3. harm
  4. harm or damages
76
Q

There was a dereliction of duty by the PT

A. Owed a duty to the patient
B. Breached the standard of care
C. The breached caused harm to patient
D. There was actual harm or damages

A

B. Breached the standard of care

77
Q

Need to prove that injury was due to PT’s “sub-standard” decisions and actions

A. Owed a duty to the patient
B. Breached the standard of care
C. The breached caused harm to patient
D. There was actual harm or damages

A

C. The breached caused harm to patient

78
Q

_____is a voluntary agreement between two parties in which specific promises are made for consideration

A

contract

79
Q

What is the duty of a HP when treating a pt?

A

DO NO HARM (nonmaleficence)

80
Q

The employer is called as the (1)_____ when engaging someone to act for him and the person who does work for the employer is called the (2)____.

A
  1. principle
  2. agent
81
Q

_____ is the legal relationship between an employer and an employee

A

Agency

82
Q

evidentially rule that allows plaintiffs to establish a rebuttable presumption of negligence on the part of the defendant through the use of circumstantial evidence

A. Res Ipsa Loquitor
B. Respondeat Superior

A

A. Res Ipsa Loquitor

83
Q

Shifts the burden of explanation to the allegedly negligent party (defendant)

A. Res Ipsa Loquitor
B. Respondeat Superior

A

A. Res Ipsa Loquitor

84
Q

principle controls the agents behavior and must then assume some responsibility for the agent’s actions.

A. Res Ipsa Loquitor
B. Respondeat Superior

A

B. Respondeat Superior

85
Q

TRUE OR FALSE: An employee is an agent of his or her employer to the extent that the employee is authorized to act for the employer and is partially entrusted with the employer’s business.

A

True

86
Q

TRUE OR FALSE: The employer has the right to control the time, the place, the method of doing work of the employee. When the facts show that an employer-employee or principle-agent relationship exists, the employer can be held responsible for injuries caused by the employee in the course of employment.

A. Both statements are false
B. Both statements are true
C. Only the first statement is true
D. Only the second statement is true

A

B. Both statements are true

87
Q

Who are the people who could be responsible in risk management?

A
  1. Professional (individual)
  2. Organizational
88
Q

TRUE OR FALSE: Every profession comes with an inherent risk

A

True

(3) Organization & Administration (12 decks)

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