S3_L4: Legal Issues in PT Practice

Question 1

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

Answer 1

1. B
2. A
3. A
4. B
5. B

Question 2

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

Answer 2

Laws

Question 3

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

Answer 3

Ethics

Question 4

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

Answer 4

1. A
2. A
3. B
4. B
5. A

Question 5

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

Answer 5

1. B
2. B
3. A
4. A
5. A

Question 6

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

Answer 6

plaintiff

Question 7

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

Answer 7

lawsuit

Question 8

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

Answer 8

prosecution

Question 9

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

Answer 9

defendant

Question 10

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

Answer 10

prosecution

Question 11

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

Answer 11

crime

Question 12

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

Answer 12

1. B
2. A
3. A
4. A
5. B

Question 13

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

Answer 13

1. A
2. A
3. B
4. B
5. B

Question 14

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

Answer 14

1. B
2. A
3. B

Question 15

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

Answer 15

1. A
2. A
3. B
4. B
5. A

Question 16

1. False Imprisonment
2. Abuse
3. Waste
4. Negligence
5. Delayed Treatment

A. Intentional Tort
B. Unintentional Tort

Answer 16

1. A
2. A
3. A
4. B
5. B

Question 17

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

Answer 17

1. B
2. A
3. B
4. B
5. A

Question 18

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

Answer 18

C. Only the first statement is true

Question 19

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

Answer 19

A. Both statements are false

Question 20

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

Answer 20

1. proactive
2. reactive

Question 21

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

Answer 21

B. Both statements are true

Question 22

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

Answer 22

A. RA 5680

Question 23

Magna Carta for Disabled Persons

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

Answer 23

D. RA 7277

Question 24

Magna Carta of Public Health Workers

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

Answer 24

C. RA 7305

Question 25

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

Answer 25

B. RA 10173

Question 26

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

Answer 26

D. RA 7277

Question 27

Creating an inter-agency committee on employment promotion, protection, and rehabilitation of persons with disabilities A. Executive Order 437 B. Executive Order 261

Answer 27

B. Executive Order 261

Question 28

Encouraging the implementation of community-based rehabilitation (CBR) for persons with disabilities in the Philippines A. Executive Order 437 B. Executive Order 261

Answer 28

A. Executive Order 437

Question 29

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

Answer 29

Documentation

Question 30

1. Thefts 2. Attempted burglary 3. Property crimes 4. Sex crimes 5. Violent offenses A. Felony B. Misdemeanors

Answer 30

1. B 2. B 3. A 4. A 5. A

Question 31

1. Drug offenses 2. White collar crimes 3. Disturbing the peace A. Felony B. Misdemeanors

Answer 31

1. A 2. A 3. B

Question 32

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

Answer 32

Risk Management

Question 33

"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?

Answer 33

Murphy’s Law

Question 34

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.

Answer 34

True

Question 35

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

Answer 35

Waste

Question 36

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

Answer 36

Invasion of Privacy

Question 37

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

Answer 37

Defamation of Character

Question 38

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

Answer 38

Cyber defamation

Question 39

Defamation expressed in print, writing, pictures, signs or any communication embodied in physical form A. Slander B. Libel

Answer 39

B. Libel

Question 40

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

Answer 40

A. Slander

Question 41

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

Answer 41

RA 10173 - Data Privacy Act of 2012

Question 42

Most common type of unintentional tort

Answer 42

Negligence

Question 43

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

Answer 43

E. none

Question 44

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

Answer 44

True

Question 45

How often is a PTs license is renewed?

Answer 45

every 3 years

Question 46

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

Answer 46

False

Question 47

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

Answer 47

True

Question 48

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

Answer 48

1. plan of care 2. signatures 3. procedures 4. modalities

Question 49

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

Answer 49

True

Question 50

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

Answer 50

True

Question 51

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

Answer 51

C. Only the first statement is true RA 10173 is the data privacy act

Question 52

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

Answer 52

Abandonment

Question 53

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

Answer 53

Delayed Treatment

Question 54

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".

Answer 54

Respondeat Superior

Question 55

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

Answer 55

True

Question 56

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

Answer 56

B. Both statements are true

Question 57

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

Answer 57

B. Both statements are true

Question 58

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

Answer 58

Malpractice claims

Question 59

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

Answer 59

1. E 2. D 3. A

Question 60

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

Answer 60

1. B 2. E 3. D

Question 61

What is the most common physical incidents of workplace violence

Answer 61

being pushed, grabbed, or shoved

Question 62

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

Answer 62

being yelled or sworn at

Question 63

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

Answer 63

Civil wrong

Question 64

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

Answer 64

True

Question 65

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

Answer 65

restitution or injunctions

Question 66

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

Answer 66

C. Only the first statement is true

Question 67

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

Answer 67

Unintentional - malpractice

Question 68

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

Answer 68

B. Both statements are true

Question 69

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

Answer 69

C. Only the first statement is true

Question 69

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

Answer 69

True

Question 69

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

Answer 69

A. Both statements are false

Question 70

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

Answer 70

True

Question 71

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

Answer 71

Fraud

Question 72

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.

Answer 72

B. Both statements are true

Question 73

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

Answer 73

Negligence

Question 74

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.

Answer 74

Fraud in Healthcare

Question 75

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 _____

Answer 75

1. duty 2. standard of care 3. harm 4. harm or damages

Question 76

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

Answer 76

B. Breached the standard of care

Question 77

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

Answer 77

C. The breached caused harm to patient

Question 78

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

Answer 78

contract

Question 79

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

Answer 79

DO NO HARM (nonmaleficence)

Question 80

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)____.

Answer 80

1. principle 2. agent

Question 81

_____ is the legal relationship between an employer and an employee

Answer 81

Agency

Question 82

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

Answer 82

A. Res Ipsa Loquitor

Question 83

Shifts the burden of explanation to the allegedly negligent party (defendant) A. Res Ipsa Loquitor B. Respondeat Superior

Answer 83

A. Res Ipsa Loquitor

Question 84

principle controls the agents behavior and must then assume some responsibility for the agent’s actions. A. Res Ipsa Loquitor B. Respondeat Superior

Answer 84

B. Respondeat Superior

Question 85

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.

Answer 85

True

Question 86

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

Answer 86

B. Both statements are true

Question 87

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

Answer 87

1. Professional (individual) 2. Organizational

Question 88

TRUE OR FALSE: Every profession comes with an inherent risk

Answer 88

True