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DB Med Law > test > Flashcards

test Flashcards

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1
Q

What protects governmental agents and employees from personal liability for harm resulting from their in-scope negligence within the United States?

A

Federal Tort Claims Act

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2
Q

What gives foreign inhabitants the ability to get reimbursment for damage to, or loss of property that resulted from the negligence of agents and employees of the United States?

A

Foreign Claims Act

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3
Q

What type of law does the judicial branch make?

A

Common law

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4
Q

Punitive damages are associated with what type of negligence?

A

Intentional negligence

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5
Q

What needs to be covered in the discussion when acquiring a patients consent or refusal?

A

Procedure

Risks

Benefits

Alternatives

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6
Q

Public policy reasons a minor can provide consent?

A

Birth control

Mental health

substance abuse

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7
Q

Medical example used for Strict liability tort is?

A

Products liability

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8
Q

Decision making capacity takes into consideration what 4 things?

A

Legal age

Ability to take in information

Ability to process information

Ability to communicate information

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9
Q

The American Theory of Damages is what?

A

The amount of money to make the injured party whole

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10
Q

How would you prove that you were practicing within the standard of care?

A

Expert medical testimony

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11
Q

System of rules that defines socially acceptable behavior, and sets punishments for violations

A

Law

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12
Q

Non-contractual wrong against a person or corporation, or a persons property for which a court may reward damages is?

A

Tort

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13
Q

4 Qualities of Negligent Torts are?

A

Duty

Negligent breach of duty

Injury

Causation

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14
Q

In corporate negligence cases what term is used that makes the employer liable, and means “Let the master answer”?

A

Respondeat Superior

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15
Q

The 3 types of torts are?

A

Strict Liability

Intentional

Negligent

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16
Q

In what situation would a plaintiff who is found to be less than 50% negligent be awarded an amount of money minus their percentage in negligence?

A

Modified Comparative Negligence

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17
Q

Damages that are easily quantifiable are?

A

Special

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18
Q

Informed Consent or Refusal refers to what?

A

Patient autonomy and informed decision making

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19
Q

When a person can handle your affairs while you are away, but if you become encapacitated they are unable to make medical decisions for you. What type of directive did they have?

A

General Powers of Attorney

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20
Q

The defense that a person cannot bring suit for the same offense on different occasions is?

A

Res judicata

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21
Q

Damages that are used as a punishment are?

A

Punitive

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22
Q

The best defense to a defamation suit is?

A

Truth

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23
Q

Punitive damages cannot be awarded against who?

A

The United States

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24
Q

Who says a patient has the capacity to make decisions?

A

Doctors

25
Q

Elements of informed decision making are?

A

Decision making ability

Information

Voluntariness

Actual Consent/Request or Declination/Refusal

26
Q

Idea that issues not defined in the constitution are controlled by the state is?

A

Federalism

27
Q

In what states has the federal supreme court allowed patients the right to die?

A

None

28
Q

What type of laws does the executive branch make?

A

Regulations and Executive orders

29
Q

Do not Resuscitate order is an example of what?

A

Advance Medical directive

30
Q

Who says a patient has the competence to make decisions?

A

Judge

31
Q

Washington, Oregon, Montana, Vermont, New Mexico, and California are all states that have created state laws that give patients what?

A

A right to die (death with dignity acts)

32
Q

What prevents a soldier from suing the United States for things that happen to them during their service?

A

Feres Doctrine

33
Q

How would a provider be liable for abandonment?

A

Ending a relationship with a Pt:

-at an unreasonable time (in the middle of surgery)

or

-without giving the Pt the chance to find a qualified replacement

34
Q

The Peabody hotel in Memphis, TN gets sued for one of their famous marching ducks biting a child. What type of tort would this be?

A

Strict Liability

35
Q

In what situation could a plaintiff be 55% negligent and get paid?

A

Comparative Negligence

36
Q

Military court system order is?

A
  1. Courts of original jurisdiction
  2. Intermediate court of appeals
  3. United states court of appeals for the Armed services
  4. Supreme court
37
Q

What type of law does the legislative branch make?

A

Statutes

38
Q

How is the information covered in a consent/refusal conversation evaluated?

A

What a reasonable patient would want to know

What a reasonable Doctor would provide

39
Q

Type of case that involves a civil wrong is?

A

Tort

40
Q

The 3 sources of law are?

A

Statutes

Common Law

Administrative Law

41
Q

What protects governmental agents and employees from personal liability for harm resulting from their in-scope negligence outside the United States?

A

Military Claims act

42
Q

When a piece of paper decides what happens to you when you are unable to make medical decisions what type of directive did you have?

A

Living will

43
Q

When a patient comes back two years after a procedure, and says they didn’t consent. How would you prove that they did?

A

Written consent

44
Q

In what situation would any negligence on the plaintiffs part result in $0.00?

A

Contributory Negligence

45
Q

When a person is designated to make decisions for a patient they have what?

A

General powers of attorney

46
Q

What factors should be given to patients regarding the risks of a procedure?

A

Frequency and Severity

47
Q

What term means “the thing speaks for itself”?

A

Res Ipsa Loquitur

48
Q

Compensation falls into what two main categories?

A

General and Special

49
Q

What type of court must Federal tort claims be filed in?

A

Federal Court

50
Q

6 Qualities of a Contract are?

A

Competant parties

Legal subject matter

Offer

Acceptance

Consideration

Mutual agreement

51
Q

The surrogate decision maker needs to not only consider what is in the patients best interest, but also more importantly what?

A

What the patient would want (substituted judgement)

52
Q

If a person breaks a contract with you what could you seek as a remedy?

A

Specific performance (The job the contract was for)

Damages (Money)

53
Q

Branch of the government that makes regulations is?

A

Executive branch

54
Q

Damages that aren’t easily quantifiable are?

A

General

55
Q

4 examples given for Res Ipsa Loquitur are?

A

Wrong limb or body part

Wrong patient

Explosion or fire

Foreign body left in patient

56
Q

Statute of limitations defense means?

A

Plaintiff took too long to bring the case

57
Q

If you enter into a contract with a 13yo kid to mow your lawn, and then he does a bad job. What defense could the 13yo use in court?

A

Elemental

(mow your own lawn asshole)

58
Q

What type of tort is defined as unleashing a dangerous instrumentality?

A

Strict Liability

DB Med Law (1 decks)

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