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Aspects of Health Law > Unit 1: Intro to Health Law > Flashcards

Unit 1: Intro to Health Law Flashcards

Module 1

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1
Q

Common Law

A

A system of law based on precedents

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2
Q

Principle of stare decisis

A

The decision stands, the outcome depends on prior decisions

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3
Q

Law

A

Represents a set of governing rules designed to protect citizens living in a civilized society

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4
Q

The law functions as a …

A

social contract

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5
Q

Public Law

A

Involves federal, state, or local government

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6
Q

Private Law

A

Among individuals and private businesses where government is not involved

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7
Q
  1. fed & state laws
  2. accrediting bodies
  3. professional practice standards
  4. code of ethics
A

Factors that regulate the healthcare system (4)

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8
Q

Civil Law: Contracts

A

Expressed/implied

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9
Q

Civil Law: Torts

A

Intentional, negligent, strict liability

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10
Q

What is a tort?

A

An action that gives rise to injury or harm to someone

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11
Q

Statures

A

Rules of construction help judges interpret statures; codified in USC

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12
Q

USC

A

United States Code

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13
Q

Library of Congress

A

Provides bill summaries and tracking as well as public laws

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14
Q

Bill of Rights was ratified when?

A

1791

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15
Q

Regulations

A

Rules created by administrative agencies to carry out the intent of statutes

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16
Q

Are administrative regulations mentioned in the Constitution?

A

No

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17
Q

Federal Register

A

A notice of proposed rulemaking indicating what it intended to do; seeks public comment

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18
Q

Federal Court System Structure

A

Supreme Court > Circuit Courts > District Courts

19
Q

State Court System Structure

A

Supreme Court > Intermediate Court of Appeals > Trial/Circuit Courts

20
Q

Jurisdiction

A

Legal authority that a body possesses to make decisions

21
Q

Personal

A

Authority of court over person as opposed to over person’s property

22
Q

Diversity Jurisdiction

A

Enables parties from diff states to engage in lawsuits in fed court

23
Q

General jurisdiction

A

Hear more serious criminal cases or civil dealing with large sums of money

24
Q

Limited jurisdiction

A

Hears cases of particular subject matter or lesser severity crimes

25
Q

What kind of jurisdiction do federal courts have?

A

Limited jurisdiction

26
Q

What kind of jurisdiction do state courts have?

A

General jurisdiction

27
Q

Damages Awarded Types (4)

A
  1. Nominal damages
  2. Compensatory damages
  3. Hedonic damages
  4. Punitive damages
28
Q

Damages Awarded: Nominal damages

A

Awarded as a mere token in recognition that wrong has been committed when the actual amount of compensation is insignificant.

29
Q

Damages Awarded: ​​Hedonic damages

A

Awarded to compensate for loss of enjoyment of life

30
Q

Damages Awarded: Compensatory damages

A

Estimated reparation in money for detriment or injury sustained

31
Q

Damages Awarded: Punitive damages

A

High money awarded when injury is caused by gross carelessness or disregard for the safety

32
Q

Dispute Resolution: Mediation

A

allows parties to maintain control; mediator does not have to be expert in field (simply helps find common ground btwn parties)

33
Q

Dispute Resolution: Arbitration

A

Arbitrator is expert in field (gives confidence to parties involved)

34
Q

Dispute Resolution: Negotiation

A

No neutral party used; used when there is min animosity btwn parties

35
Q

Which is better: trial or negotiation? Why?

A

Negotiation bc it saves money, safeguards privacy and saves time

36
Q

Litigation Process (3)

A

Complaint, Discovery Settlement

37
Q

Deposition

A

Sworn testimony given under oath before court reporter

38
Q

Subpoena duces tecum

A

request by one of the parties to a suit to provide relevant documentation

39
Q

“Four Humors”

A

Practice where blood, yellow/black bile, and phlegm can determine someone’s personality

40
Q

Florence Nightingale (1820-1910)

A

Began to bring order to the nursing profession while caring for English troops during the Crimean War; established first nurses training program

41
Q

Ignaz Semmelweis (1818-1865)

A

Ridiculed for his belief that puerperal fever could be reduced drastically with antiseptic techniques

42
Q

Louis Pasteur (1822-1895)

A

Developed scientific principle that microorganisms cause infectious diseases;developed pasteurization and other vaccines

43
Q

The Hill-Burton Act of 1946

A

authorized federal funding to hospitals, allowed for distribution of funds for so-called “separate but equal” facilities

44
Q

Simkins v Moses (1963)

A

Considered the Brown v Board of Education for Hospitals

Aspects of Health Law (7 decks)

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