unit 2 test

Question 1

liability

Answer 1

competent adults who are legally responsible for their actions on the job and in private lives

Question 2

physicians liability as an employer

Answer 2

grounds and buildings
vehicles used for work purposes
employee safety on the job

Question 3

standard of care

Answer 3

level of performance expected of health care providers carrying out duties

Question 4

duty of care

Answer 4

obligations of health care workers to patients/nonpatients (must stay in scope of practice)

Question 5

reasonable person standard

Answer 5

the standard of behavior that judges a person’s actions in a situation according to what a reasonable person would do in that situation

Question 6

confidentiality

Answer 6

act of holding information in confidence, not to be released to unauthorized individuals

Question 7

confidentiality is…

Answer 7

unethical and illegal to breach

Question 8

privileged communication

Answer 8

information held within a protected relationship (physician - patient)

Question 9

waiving confidentiality

Answer 9

Third party requests a medical examination for employment
A patient sues a physician for malpractice and records are subpoenaed
A waiver has been signed by patient allowing release of information

Question 10

Unintentional Tort of Negligence

Answer 10

any deviation from the accepted medical standard of care causing injury to the patient
- basis for professional malpractice claims and most common liability in medicine

Question 11

Malfeasance

Answer 11

the performance of a totally wrongful and unlawful act

Question 12

Misfeasance

Answer 12

the performance of a lawful act in an illegal or improper manner

Question 13

Nonfeasance

Answer 13

the failure to act when one should

Question 14

four elements to prove negligence

Answer 14

Duty - the person charged owed a duty of care to the accuser
Dereliction - the health care provider breached the duty of care to the patient
Direct cause - the breach of duty of care to the patient caused the injury
Damages - there is a legally recognizable injury to the patient
- awarded to plaintiff when defendant is found guilty of tort

Question 15

phases of lawsuit

Answer 15

Pleading Phase - delivery of complaint is issued
Interrogatory or pretrial discovery phase - subpoena (court order) and deposition (sworn testimony) may occur
Trial phase
Appeals phase

Question 16

Witness Testimony

Answer 16

Fact - witness provides facts he or she has observed
Expert - experts in particular fields have the education, skills, knowledge, and experience to give expert witness

Question 17

Alternative Dispute Resolution (ADR)

Answer 17

Techniques for resolving civil disputes without going to court
- Uses mediation and arbitration

Question 18

4 C’s of Medical Malpractice Prevention

Answer 18

Caring
Communication
Competence
Charting

Question 19

7 Common Reasons for Malpractice

Answer 19

Cancer misdiagnosis/failure or delay
Birth injury/negligent maternity care
Wrong diagnosis or misdiagnosis of negligent fracture or trauma
Delay in diagnosis or failure to consult in timely manner
Medication errors or medication malpractice from negligent drug treatment
Malpractice resulting from physican’s negligent procedures or surgical errors
Failure to obtain informed consent

Question 20

Actions that Might Prevent Litigation

Answer 20

Explanation and apology
Correction of the mistake
Financial compensation
Correct treatment at the time
An admission of negligence
Disciplinary action against medical personnel involved
Honesty
Investigation by the hospital

Question 21

Documentation

Answer 21

Referrals
Missed appointments
Dismissals
Treatment refusals
All other patient contact

Question 22

Denial of wrongdoing

Answer 22

stating innocence

Question 23

Affirmative defenses

Answer 23

allows the accused to present evidence that the patient condition was caused by another factor
- contributory negligence
-comparative negligence
-assumption of risk
- emergency

Question 24

contributory negligence

Answer 24

plaintiff caused/contributed to their own injury

Question 25

Comparative negligence

Answer 25

plaintiff was partially responsible for their own injury

Question 26

Assumption of risk

Answer 26

- patient knew the inherent risk prior to treatment

Question 27

Emergency

Answer 27

HCP who help in an emergency situation at the scene was not held liable

Question 28

Technical defense

Answer 28

hinge on legal technicalities rather than factual evidence

Question 29

Res judicata

Answer 29

a claim cannot be retried between the same parties if it has already been legally resolved

Question 30

Statute of limitations

Answer 30

a suit cannot move forward if a certain period of time has elapsed - varies from state to state - specifies 1-6 years -2 years is most common

Question 31

when does statute of limitations begin?

Answer 31

- the day alleged negligent act was committed - when the injury resulting from alleged negligent act was discovered - the day the physician-patient relationship ended or last day of treatment

Question 32

Quality Improvement/Assurance

Answer 32

program to uphold the quality of patient care and reduce liability risk

Question 33

Professional Liability Insurance

Answer 33

covers costs of defending a medical malpractice lawsuit up to policy limit

Question 34

what is the cost of insurance based on?

Answer 34

physician's speciality and dollar amount of the policy

Question 35

why is professional liability insurance required?

Answer 35

to obtain hospital privileges or work in a HMO

Question 36

Medical record

Answer 36

collection of data recorded when a patient seeks medical treatment

Question 37

what does a medical record do?

Answer 37

-Required by licensing authorities and provide a format for tracking, documenting, and maintaining patient communication data -Provide documentation of a patient’s continuing health care from birth to death -Provide a foundation for managing a patient’s health care -Serve as legal documentation in lawsuits -Provide clinical data for education, research, statistical, tracking, and assessing the quality of health care

Question 38

5 C's of documentation

Answer 38

Concise Complete (and objective) Clear (and legibly written) Correct Chronologically ordered

Question 39

legality of medical records

Answer 39

Usually prevail over a patient’s recollection of events during a trial Legal if kept on paper, microfilm, computer tape or disks Should not released to a third party without written permission from patient Improper documentation can lose a medical liability case

Question 40

ownership of medical records

Answer 40

Owned by the facility that created them Patient owns the information they contain On signing a release, patients may obtains copies of records under HIPPA ruling

Question 41

storage of records

Answer 41

Records are kept for 2-7 years Physicians retain records indefinitely as they affect future treatment

Question 42

routine release of medical information

Answer 42

Insurance claims Transfer to another physician Use in a court of law

Question 43

authorization to release records

Answer 43

Should be in writing Include patient name, address, and date of birth Parent or guardian should sign Only information requested should be released

Question 44

consent

Answer 44

patient gives permission for the physician to examine him or her to perform tests that aid in diagnosis and to treat for a medical condition

Question 45

doctrine of informed consent

Answer 45

Legal basis for informed consent Outlined in a state’s medical practice acts

Question 46

informed consent information

Answer 46

Proposed modes of treatment Why treatment is necessary Available alternative modes of treatment and risks of these modes Risks involved if treatment is refused

Question 47

cannot give informed consent

Answer 47

Minors Mentally incompetent persons Persons speaking limited or no english

Question 48

good samaritan acts

Answer 48

law that waives consent in medical emergencies

Question 49

electronic health record

Answer 49

Contains same information as a medical record, but electronically Cautions regarding confidentiality Use of photocopiers, fax machines, printers and computers