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Aspects of Health Law > Unit 1: Legal Proceedings and Evidentiary Rules > Flashcards

Unit 1: Legal Proceedings and Evidentiary Rules Flashcards

Module 4

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1
Q

Why are malpractice trends difficult to determine?

A

There is no mandatory reporting

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2
Q

The three reasons for an increase in suits

A
  1. High pt expectations
  2. New diagnostic procedures
  3. Erosion of phys-pt relationship
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3
Q

Substantive law

A

Defines rights and obligations that arise btwn 2+ parties

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4
Q

Court rules that guide a lawsuit from beginning through completion (trial, settlement, or dismissal) is known as

A

Procedural law

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5
Q

Plaintiff(s)

A

Party that initiates a lawsuit; there may be more than one

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6
Q

Do physicians always appear in court?

A

No but their documentation can

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7
Q

Defendant(s)

A

Individual or organization that is the object of the lawsuit, and against whom a lawsuit is brought; there may be more than one

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8
Q

Class Action

A

Groups of ppl to file lawsuits against a large and generally powerful entity for alleged wrongdoing

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9
Q

Pro Sec

A

Self representation; waive right to attorney (never a good idea)

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10
Q

How is health info used in a court case?

A

to prove or disprove a fact

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11
Q

Custodian of Records

A

Indv designated as having the responsibility to bring forth pt record

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12
Q

What is the most important evidence for malpractice?

A

Health records

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13
Q

Who is typically the custodian of records?

A

Health Information Management Director

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14
Q

Rules of Civil Procedures are most common in

A

Healthcare

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15
Q

Rules of evidence are most common for

A

criminal cases

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16
Q

Bailiff

A

Maintains order and swears in ppl

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17
Q

Lay Witness

A

Testimony based on personal
observations

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18
Q

Expert Witness

A

Testimony based on subject matter expert based on CV/experiences

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19
Q

Who can deem an individual an expert witness

A

Only the judge

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20
Q

Complaints are filed by…

A

plantiff

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21
Q

Summons are served to…

A

defendant

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22
Q

Filing a lawsuit steps (3)

A
  1. Complaint
  2. Summons
  3. Defendant’s written response
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23
Q

How many days does a defendant have to respond to a lawsuit?

A

~20 days

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24
Q

Cross claim

A

Suing more than one person

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25
Q

Joinder

A

Joining two or more legal issues together if they overlap sufficiently

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26
Q

If defendant doesn’t answer, ____
judgment entered

A

default

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27
Q

What is the purpose of discovery?

A

To obtain information by other parties to assess strengths and weaknesses in each party’s case

28
Q

What is Rule 16?

A

pre-trial conferences. (what info should be kept confidential)

29
Q

Who waives the right of privilege?

A

The patient who is filing the suit

30
Q

Rule 26 deals with…

A

the disclosure of info and deposition

31
Q

What is Rule 33

A

interrogation

32
Q

What is rule 34?

A

Provide an authenticated copy of the info requested

33
Q

What is Rule 35?

A

Physical or mental
examinations

34
Q

What is Rule 36?

A

Requests for admissions

35
Q

What is rule 45?

A

subpoenas

36
Q

Who initiates a subpoena?

A

An attorney

37
Q

Must you respond to a subpoena even if it is not valid?

A

Yes

38
Q

Who initiates court orders?

A

Only the judge, which are MANDATORY

39
Q

When can you NOT impose sactions on an individual?

A

When they cannot reproduce evidence they do not have access to

40
Q

Types of “super confidential” info. What do they require?

A

HIV status, illicit drug use, alcohol abuse

A court order

41
Q

What is a deposition?

A

oral testimony given under oath outside of the courtroom; must match what is said in court

42
Q

Integorratories

A

written question that are answered under oath

43
Q

Subpoena ad duces tecum

A

Bringing in info; documents MUST be produced

44
Q

Subpoena testificandum

A

Seeks an indv’s testimony

45
Q

What is the issue with interrogatories?

A

They can open a box of uncertainty

46
Q

Can an attorney ask any question regarding the patient’s medical history?

A

as long as it is relevant

47
Q

Motion to quash

A

Written objections to subpoena
filed with court asking judge to nullify

48
Q

When the judge has more control over what is admissible to court, they are gatekeeping. Why is this dangerous?

A

-the judge might not know what is actually relevant
-the judge have to experts themselves

49
Q

True or False:

HIPAA does not prevent disclosure of one’s health information when it is provided to gov agency for investigation of criminal or quasi-criminal activities

A

true

50
Q

What is voir dire?

A

Jury selection

51
Q

Who does burden of proof belong to?

A

the plantiff

52
Q

clear & convincing evidence —> ____
w/out a shadow of a doubt –> _____

A
  1. civil
  2. criminal
53
Q

Types of Evidence: Direct

A

Offered through witness testimony

54
Q

Types of Evidence: Circumstantial

A

Evidence not directly from an eyewitness or participant
-Requires some reasoning to prove fact

55
Q

Types of Evidence: Demonstrative

A

Items that are illustrative (e.g. charts, diagrams,
models)

56
Q

Types of Evidence: Documentary

A

Evidence in written form, not oral (original letters, records, emails, photos, etc.)

written documents

57
Q

Just bc it is discoverable, does not mean it is ____

A

admissible

58
Q

Hearsay

A

Written/oral statement made outside
of court that is offered as evidence

59
Q

(3) Hearsay exemptions

A
  1. Made and kept in the ordinary course of business
  2. Recorded at or near the time of the event
  3. By a person with knowledge of the facts, events, conditions, opinions, or diagnoses appearing in it
60
Q

What is spoliation?

A

Intentional destruction of evidence

61
Q

What is privilege?

A

Refers to certain communications that are secret and cannot be forcibly revealed except under special circumstances

62
Q

4 types of privilege

A
  1. pt-phys relations
  2. spouse
  3. clergy (religion)
  4. med charts
63
Q

Apology Statutes

A

providers can acknowledge a mistake without admitting guilt

64
Q

A legal hold is issued if…

A

There is concern that information may be destroyed in cases of current or anticipated litigation, audit, or government investigation

65
Q

Are peer review committees subject to discovery

A

NO, have privilege

66
Q

Sarbanes-Oxley Act 2002

A

CEOs have to fill financial reports to make sure they do not abuse their power/position

67
Q

Are incident reports part of the medical record?

A

No bc if so, then they are subject to discovery; they are part of risk management

Aspects of Health Law (7 decks)

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