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med law > unit 2 test > Flashcards

unit 2 test Flashcards

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1
Q

liability

A

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

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2
Q

physicians liability as an employer

A

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

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3
Q

standard of care

A

level of performance expected of health care providers carrying out duties

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4
Q

duty of care

A

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

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5
Q

reasonable person standard

A

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

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6
Q

confidentiality

A

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

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7
Q

confidentiality is…

A

unethical and illegal to breach

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8
Q

privileged communication

A

information held within a protected relationship (physician - patient)

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9
Q

waiving confidentiality

A

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

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10
Q

Unintentional Tort of Negligence

A

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

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11
Q

Malfeasance

A

the performance of a totally wrongful and unlawful act

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12
Q

Misfeasance

A

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

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13
Q

Nonfeasance

A

the failure to act when one should

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14
Q

four elements to prove negligence

A

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

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15
Q

phases of lawsuit

A

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

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16
Q

Witness Testimony

A

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

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17
Q

Alternative Dispute Resolution (ADR)

A

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

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18
Q

4 C’s of Medical Malpractice Prevention

A

Caring
Communication
Competence
Charting

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19
Q

7 Common Reasons for Malpractice

A

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

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20
Q

Actions that Might Prevent Litigation

A

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

21
Q

Documentation

A

Referrals
Missed appointments
Dismissals
Treatment refusals
All other patient contact

22
Q

Denial of wrongdoing

A

stating innocence

23
Q

Affirmative defenses

A

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

24
Q

contributory negligence

A

plaintiff caused/contributed to their own injury

25
Q

Comparative negligence

A

plaintiff was partially responsible for their own injury

26
Q

Assumption of risk

A
  • patient knew the inherent risk prior to treatment
27
Q

Emergency

A

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

28
Q

Technical defense

A

hinge on legal technicalities rather than factual evidence

29
Q

Res judicata

A

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

30
Q

Statute of limitations

A

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

31
Q

when does statute of limitations begin?

A
  • 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
32
Q

Quality Improvement/Assurance

A

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

33
Q

Professional Liability Insurance

A

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

34
Q

what is the cost of insurance based on?

A

physician’s speciality and dollar amount of the policy

35
Q

why is professional liability insurance required?

A

to obtain hospital privileges or work in a HMO

36
Q

Medical record

A

collection of data recorded when a patient seeks medical treatment

37
Q

what does a medical record do?

A

-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

38
Q

5 C’s of documentation

A

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

39
Q

legality of medical records

A

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

40
Q

ownership of medical records

A

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

41
Q

storage of records

A

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

42
Q

routine release of medical information

A

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

43
Q

authorization to release records

A

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

44
Q

consent

A

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

45
Q

doctrine of informed consent

A

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

46
Q

informed consent information

A

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

47
Q

cannot give informed consent

A

Minors
Mentally incompetent persons
Persons speaking limited or no english

48
Q

good samaritan acts

A

law that waives consent in medical emergencies

49
Q

electronic health record

A

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

med law (5 decks)

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