Legal issues in heal
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| What were Hindu physicians required to do? | 1. take daily baths 2. keep their hair and nails short 3. where white clothes 4. Respect confidence of their patients
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| Who were the first physicians to use drugs? | Egyptian physicians
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| What type of drugs did the Egyptians use? | Alum, peppermint, castor oil, and opium
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| During surgery what did the Egyptians do? | Anesthesia consisted of hitting the patient on the head with a woodn mallet to render patient unconscious
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| What deals with the relationship between government and individuals? | Public Law
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| What deals with relationships among individuals? | Private Law
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| What derived from judicial decisions? | Common Law
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| What are the three branches of government? | 1. Legislative
2. Executive
3. Judicial
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| What branch of government is on a federal level, enacts laws and creates new legislation. | Legislative
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| Federal level- senate and house represenatives | Legislative
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| What branch of government is federal and state administer and enforce the law? | Executive
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| According to the United States constitution who holds executive power? | President of the United States (Executive)
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| How many executive departments does the administrative head hold under the executive brach? | 15 executive departments
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| How many department heads does the cabinet have unded the executvie branc? | 15 department heads
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| What is a civil wrong, other than a breach of contract, commited against a person or property for which a court provides a remedy in the form of an action of damages. | Tort
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| What are the objectives of tort law? | Culpability
Deterrence
Preservation
Compensation
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| finding fault for wrong doing is called | Culpability
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| Wrongful acts thru the assessment of Monetary damages is known as | Deterrence
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| Peace between individuals is known as | Preservation
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| The act to indemnify an injured person is called | Compensation
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| to give money back is also known as | indemnify
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| What are the three categories of tort law? | Negligence
Intentional
Strict liability regardless of fault, intentions, or negligence
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| Assualt or battery, wrongful imprisonment, invasion of privacy is known as | intentional tort
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| unintentional commision or omission of an act that a reasonably prudent person would or would not do under given circumstances. | Negligence torts
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| what is present in intential tort but not in negligent tort? | Intent
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| Intentional torts always involve a willful act true or false | True
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| A negligent may not involve any wrongdoing is considered | Willful act
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| Negligence or carelessness of a professional person (pharmacist, nurse practitioner, physician, physicians assistant) is called | Malpractice
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| The reckless disregard for safety of another. It is the willful indifference to injury that could follow an act is known as | Criminal Negligence
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| What are the three forms of Negligence? | Malfeasance
Misfeasance
Nonfeasance
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| What are the degrees of Negligence? | Ordinary Negligence
Gross Negligence
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| Failure to do under the circumstances what a reasonably prudent person would or would not do is called | Ordinary Negligence
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| Intention or Wanton "omission of care" that would be proper to provide or the "commission of an act" that would be improper to perform is known as | Gross Negligence
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| What are the elements of Negligence | Duty to Use Due Care
Breach of duty
Injury/Actual Damages
Causation
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| The thing speak for itself is called | Res ipsa loquitur
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| What are the three liabilites that are based on the concept of Res Ipsa Loquitur? | The product did not perform in the way intended
The product was not tampered with by the buyer or third party.
The defect existed at the time it left the defendent manufacturer.
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| The execution of an unlawful or improper act is called | Malfeasance
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| The improper performance of an act that results in injury to another is called | Misfeasance
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| A failure to act when there is a duty to do so is called | Nonfeasance
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| what is the common law principle that translates "let the decision stand". | Stare Decisis
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| What does HHS stand for | Department of Health and Human Services
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| What are HHS relationships towards Health care? | Administration on aging
Centers of Medicare and Medicaid
Public health service
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| What does CDC stand for | Centers for Disease Control and Prevention
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| What does CMS stand for | Centers for Medicare and Medicaid services
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| What are the main objective for the department of health and human services? | To develop and implement administrative regulation for carrying out national health and human services policy objectives.
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| During the late 19th century Renaissance what impact did Florence Nightingale have during that era? | She founded Nightingales school of nursing in 1860
Considered first hospital administrator
She improved care
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| What were the first incorporated hospital in the U.S.? | Manhattan hospital- for sick soldiers
Philadelphia- 1st almshouse established
Pennsylvania hospital- 1st chartered
Williamsburg VA- 1st psychiatric hospital
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| Criminal law is known as? | the body of statutory and common law that deals with crime and the legal punishment of criminal offenses.
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| What branch of government writes laws, enact laws, confirm justices enact taxes and set the budget? | Legislative branch
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| What branch of government declar laws, interpret laws, apply laws, and compel testimony? | Judicial branch
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| What branch veto laws, wage war, appoint justice and refuse certain expenditure? | Executive branch
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| Criminal law is also known as? | Penal law
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| The body of statutory and common law that deals with crime and the legal punishment of criminal offenses is called | Criminal Law
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| What is the purpose of criminal law | 1. Maintain public order and safety
2. protect individuals
3. Punishment as a deterrent
4. Rehabilitation
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| Social harm defined and made punishable by law is called | crime
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| Offense punishable by less than 1 year in jail and/ or fine | Misdemeanor
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| imprisonment in a state or federal prison for more than 1 year is called? | Felony
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| A legal doctrin that shifts the burden of proof from the plaintiff to the defendant is known as | Res Ipsa Loquitur
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| What are the types of awarding damages? | 1. Nominal
2. Compensatory
3. Hedonic
4. Punitive
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| A token in recognition that a wrong has been committed. some cases the amount of compensation is insignificant. | Nominal
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| What is intended as reparation for detriment or injury sustained? | Compensatory
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| What is awarded to compensate plaintiff for loss of enjoyment of life? | Hedonic
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| An additional monetary awards when an injury is caused by gross carelessnes or disregard for others safety is called | Punitive
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| A special agreement, written or oral, that involves legally binding obligations between two or more parties is called? | Contracts
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| What are the 7 types of contracts? | 1. Express
2. implied
3. voidable
4. executed
5. enforceable
6. unenforceable
7. realty, good and services
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| Acting beyond the scope of authority is known as? or governing boards beyond its authority | Ultra vires act
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| Let the master respond is known as | Doctrine of Respondent Superior
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| A legal doctrine holding employers liable for the wrongful acts of their employees is called | Doctrine of respondent superior
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| What is also referred to as a vicarious liability, whereby an employer is answerable for the torts committed by employees? | Doctrin of respondent superior
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| Doctrine under which hospital is liable if it fails to uphold proper standard of care owed the patient is known as | corporate negligence
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| Theory of liability creates a non-delegable duty which the health care corporation owes the patient is known as | Corporate negligence
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| What are governing body responsibilities? | 1. CEO Selection-administrator licensure 2. Comply with the law 3. Comply with standards of accrediting bodies 4.Provide timely treatment 5.Avoid conflict of interest 6.provide adequate staff, facilities, equipment & insurance 7.Be financially scrupulous
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| What are governing body responsibilities? cont. | 8. require competitive binding
9. Provide a safe environment
10. Duty to prevent falls
11. Duty to safeguard patient valuables
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