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HIT 112 Module 2

A special kind of agreement, either written or oral, that involves legally binding obligations Contract
The parties to a contact have an oral or written agreement Express contract
Both oral and written contracts are generally recognized and are equally legal and binding True
Inferred by law Implied contract
One party, but not the other, has the right to escape from its legal obligations under contract. Voidable contract
All of the obligations of the parties have been performed fully. Executed contract
A valid, legally binding agreement. Enforceable contract
Because of some defect, no legal remedy is available if breached by one of the parties to the contract. Unenforceable contract
Real estate or interests in real estate Realty
Moveable objects, with the exception of money and securities Goods
Human energy Services
What elements must a contract contain in order to be enforceable? 1. Offer/communication 2. Consideration 3. Acceptance
The law will enforce contracts only when they are executed between persons who are competent True
A promise by one party to do (or not to do) something if the other party agrees to do (or not to do) something. Offer
Each party to a contract must give up something of value in exchange for something of value. Consideration
Mutual assent; the parties must understand and agree on the terms of the contract Meeting of the minds
The terms must be so complete that both parties understand and agree to what has been proposed. Definite and Complete
The one who makes the offer Offeror
The person to whom the offer is made Offeree
The offeror may revoke an offer at any time prior to a valid acceptance Duration
The acceptance must be a mirror image of the offer. Complete and Conforming
When there is a violation of one or more of the terms of the contract. Breach of contract
The basic elements that a plaintiff must establish in order to be successful in a breach of contract lawsuit: 1. A valid contract was executed. 2. The plaintiff performed as specified in the contract. 3. The defendant failed to perform as specified in the contract. 4. The plaintiff suffered an economic loss as a result of the defendant's breach of contract.
The appearance of being the agent of another employer or principal with the power to act for the principal Concept of apparent authority
Two or more persons who agree to carry on a business for profit Partnership
One who has the power to contract for and bind another person, who is known as the principal Agent
One who a third person believes is acting on behalf of the principal Apparent or ostensible agent
An individual who agrees to undertake work without being under the direct control or direction of another. Independent contractor
A physician is an independent contractor as long a the physician is not an employee of the organization, is not compensated, maintains a private practice, and is chosen directly by his or her patients Theory of respondeat superior
To be a valid contract, the purpose or object of the contract must not be against state or federal policy and must not violate any statute, rule or regulation. True
An act or event that must happen or be performed by one party before the other party has any responsibility to perform under the contract. Condition precedent
Although the parties may have not specifically mentioned the condition, it can reasonably be assumed that the parties intended to condition to be enforced. Implied condition
The act of doing what is required by a contract. Performance
When one party intentionally misrepresents a material fact or term of the contract and intends that the other party rely on that misrepresentation. Fraud
An incorrect belief regarding a fact Mistake of fact
An incorrect judgement of the legal consequences of known facts. Mistake of law
The use of unlawful threats or pressure to force an individual to act against his or her will. Duress
No individual can recover damages when a contract is formed for illegal purposes. True
Contracts that are impossible to perform do not have to be carried out by the parties. True.
Legal limit on the time allowed for filing suit in civil matters, usually measured from the time of the wrong or from the time when a reasonable person would have discovered the wrong. Statute of limitations
The most satisfactory remedy to an injured party may be to require specific performance by the other party to the contract. True
Monetary damages Compensatory damages
Those that can be expected to arise from a breach of contract. General damages
Those that occur because of some unexpected, unusual, or strange development involved in the particular contract in dispute. Consequential damages
Every injured party has a duty to mitigate (lessen) damages caused by the breach of another person or entity. True
An agreement between an employee and employer that specifies the terms of employment. Employment contract
In order for an employee handbook to constitute a contract the following elements must be present: 1. A policy statement that clearly sets forth a promise that the employee can construe to be an offer. 2. The policy statement must be distributed to the employee, making him or her aware of the offer. 3. The employee must "begin" or "continue" to work.
An employee handbook is not always considered a contract. True
Medical staff bylaws can be considered a contract. True
A more permanent nature and relates to the mission of the institution, such as a commitment to teaching and research. Closed staff
A written document that sets forth the terms and conditions under which a patient may be transferred to a facility Transfer agreement
A form of risk management used primarily to hedge against the risk of potential loss. Insurance
Written statements of fact and law filed with a court by the parties to a lawsuit. Pleadings
The first pleading in a lawsuit that is filed by the plaintiffs Complaint
A pleading filed by a defendant challenging the legal sufficiency of a complaint. Demurrer
A pleading which admits or denies the specific allegations set forth in a complaint Answer
A request for a written itemization of the claims Bill of particulars
The person who initiates an action by filing a complaint Plaintiff
The person against whom a suit is brought Defendant
An announcement to the defendant that a case has been commenced Summons
Essential elements contained in a complaint: 1. A short statement of the grounds on which the court's jurisdiction depends 2. A statement of the claim demonstrating that the pleader is entitled to relief 3. A demand for judgment for the relief to which the plaintiff deems himself or herself entitl
A formal objection by one of the parties to a lawsuit that the evidence presented by the other party is insufficient to sustain an issue or case. Demurrer
The process of investigating the facts of a case before trial Discovery
One of several discovery techniques used to enable the parties of a lawsuit to learn more regarding the nature and substance of each other's case. Examination before trial (EBT)
An informal discussion during which the judge and the attorneys eliminate matters not in dispute, agree on the issues, and settle procedural matters relating to the trial. Pretrial conference
Presents to the court the nature of the case, cites case decisions to substantiate arguments, and aids the court regarding points of law. Memorandum of law (or trial brief)
A case is heard in the court that has jurisdiction over the subject of controversy. True
Members of a jury are summoned to court by this. Jury process
The examination of jurors Voir dire
A legal order requiring the appearance of a person and/or the presentation of documents to a court or administrative body. Subpoena
Orders the appearance of a person at a trial Subpoena ad testificandum
A written command for records, documents, or other evidence Subpoena duces tecum
This is issued if a person fails to answer a subpoena. Bench warrant
Evidence that in the light of reason and common sense is worthy of belief. Credible evidence
The thing speaks for itself Res ipsa loquitur
Sufficient to prove a fact Prima facie
Provides the facts of the case, what the attorney intends to prove, and a description of damages; a summary of the case Opening statement
Record of alcohol, drug abuse Sensitive material
RHIT's can deliver supboenas to the attorney. False
Consists of the facts proved or disproved during a lawsuit. Evidence
Proof offered through direct testimony. Direct evidence
Proof furnished by things themselves. Demonstrative (real) evidence
The human body is considered the best evidence as to the nature and extent of the alleged injury/injuries. True
Written information capable of making a truthful statement Documentary evidence
Prescribes that well-known facts need not be proven, but rather, they are recognized by the court as fact. Judicial notice rule
Based on what another has said or done and is not the result of the personal knowledge of the witness. Hearsay evidence
Consists of written and oral statements Hearsay
Hearsay evidence must be directly heard in order to be admissible in a court of law True.
Medical books are considered hearsay because the authors are not generally available for cross-examination. True
Ignorance of the law is not a legal defense in a lawsuit True
Knowing that a danger exists and voluntarily accepting the risk by exposing oneself to it, aware that harm might occur. Assumption of risk
When an employer lends an employee to another for a particular employment Borrowed servant doctrine
Under this doctrine, the surgeon is viewed as being the one in command in the operating room. Captain of the ship
Requires a good faith belief by healthcare personnel that they are attending a life-threatening emergency and are free of fear from a lawsuit as a result Good Samaritan Statute
The common law doctrine by which federal and state governments historically have been immune from liability Sovereign immunity
Intervening cause Root cause
The defense proceeds first, followed by the plaintiff for closing statements. True
Defines the responsibility of the jury, describes the applicable law, and advises the jury of the alternatives available to it. Charge
Awarded as a mere token Nominal damages
An estimated reparation in money for detriment of injury Compensatory damages
Those damages awarded to compensate an individual for the loss of enjoyment of life. Hedonic damages
Additional money awards authorized when an injury is caused by gross carelessness or disregard for the safety of others. Punitive damages
Examples of typical damages: 1. Personal injuries 2. Loss of enjoyment of life 3. Past and future loss of earnings 4. Permanent physical disabilities 5. Permanent mental disabilities
Permits a plaintiff to bring suits against all persons who share responsibility for his or her injury. Joint and Several Liability
The party making the appeal Appellant
The party answering the appeal Appellee
3 decisions of appeal 1. Hold 2. Modify 3. Reverse
When the highest appellate court in a state decides a case, a final judgement results, and the matter is ended. True
The voluntary agreement by a person who possesses sufficient mental capacity to make an intelligent choice Consent
Can take the form of a verbal agreement or it can be accomplished through the execution of a written document authorizing care. Express consent
Determined by some act or silence, which raises a presumption that consent has been authorized Implied consent
Touching of another without authorization to do so could be considered a battery. True
A legal doctrine that provides that a patient has the riht to know the potential risks, benefits, and alternatives of a proposed doctrine. Informed consent
What information must be disclosed in a consent? 1. Diagnosis 2. Nature and purpose 3. Risks and consequences 4. Probability of success 5. Treatment alternatives 6. Alternatives and prognosis 7. Anything else that the provider knows
Relies solely on the patient's testimony. Patients must testify and prove that they would not have consented to the procedure had they been advised of the particular risk in question. Subjective standard
Makes appropriate adjustments to accommodate the individual characteristics and idiosyncrasies of an individual patient. Objective standard
Authorizes school officials, teachers, and camp counselors to act on the parents' or legal guardian's behalf Limited power of attorney
An emergency in most states eliminates the need for consent. True.
An individual who, by law, is vested with the power and charged with the duty of taking care of a patient by protecting a patient's rights and managing the patient's estate guardian
Parental consent is not necessary when the minor is married or otherwise emancipated. True
Adult patients who are conscious and mentally competent have the right to refuse medical care to the extent permitted by law, even when the best medical opinion deems it essential to life. True
an agreement that relieves one from liability when he or she has acted in good faith exculpatory agreement
Who's responsible for obtaining consent? The physician
Evidence based on inference circumstantial
The _____ doctrine applies to cases in which an employee is lent to another for a particular employment. borrowed servant
Give 2 examples of what must be disclosed in an informed consent. Diagnosis Nature and purpose of treatment Risks and consequences of treatment Probability that treatment will be successful Feasible treatment alternatives Alternatives and prognosis if treatment is not given Anything else that the provider knows
Which of the below is NOT a preferred defense in a negligence suit unintentional act
The sworn statement made by a witness that can be used as evidence in a court is a: deposition
those damages that are estimated reparation in money for detriment or injury sustained. Examples may be loss of earnings, medical costs, and loss of financial support compensatory damages
Laws that limit the period during which legal action may be brought against another party are known as: statutes of limitations
The legal doctrine that shifts the burden of proof from the plaintiff to the defendant is: res ispa loquitur
The order that calls for a document to be produced by an organization is called a: subpoena duces tecum
A physician, as an employer of a physician's assistant, can be held liable for the assistant's negligence on the basis of respondeat superior. True
A former patient of the hospital is suing the hospital for negligent care of an infect decubitus ulcer. You are asked by the attorney to provide sworn verbal testimony and/or written answers to questions. The hospital is the _____ in this case. defendant
The doctrine by which the state and federal governments have been immune from liability for harm suffered by the tortuous conduct of employees is sovereign immunity
Evidence furnished by physical things themselves demonstrative
In a civil suit, the burden of proving a case lies with the plaintiff
Contracts, particularly those in writing, serve to minimize misunderstandings and offer a means for parties to resolve any disputes that may arise in the course of an undertaking. True
A contractor who agrees to undertake work without being under the direct control or direction of another and is personally responsible for his/her negligent acts. independent contractor
those damages that are awarded to compensate an individual for the loss of enjoyment of life. Hedonic damages
Before the trial, facts are investigated in a process called _____. This process helps to prevent surprises during the trial. discovery
Upon receipt of a subpoena, review of the chart reveals a diagnosis of drug abuse. What is your next step in complying with the subpoena? Any records that require a court order would stop at this step until the proper documentation has been provided from the courts. A subpoena is required for release of sensitive material.
A former patient of the hospital is suing the hospital for negligent care of an infected decubitus ulcer. You are asked to provide sworn testimony and/or written answers to questions. The patient is the _____ in this case. plaintiff
Knowing that a danger exists and voluntarily accepting the risk by taking a chance and exposing oneself to it is assumption of risk
Juries decide questions of fact
Give 2 examples of "sensitive information" as in regards to a subpoena for medical records. Alcohol Drug abuse
Consent in cases in which immediate action is required to save an unconscious patient's life or to prevent permanent impairment of a patient's health is referred to as implied
Consent that requires that a patient have full understanding of that to which he or she has consented informed
The doctrine that hold a physician responsible for the acts of a nurse in the OR when the physician directs the nurse to perform a particular medical act in the OR and she performs it negligently captain of the ship
The person who brings a civil suit seeking damages or other legal relief is the plaintiff
A motion that asks a court to rule that there are no facts in dispute and that the rights of the parties can be determined as a matter of law, on the basis of submitted documents, without the need for a trial is: summary judgement
Comparative negligence generally requires that damages among multiple defendants be divided: according to fault
What are the guidelines for an HIM professional testifying in court? Read the record before going to court to familiarize yourself with the information. We may read from the medical record when questions arise from poor handwriting. We may not offer any testimony regarding treatment.
It is preferable that a patient's consent be procured by the physician
Evidence based on inference is circumstantial
The NC court system will only accept "certified" copies of the Medical Record. How may copies by certified? Attachment of an affidavit
That which is used to prove the facts of a case is referred to as evidence
A former patient of the Bayshore Hospital is suing the hospital for negligent care of an infected decubitus ulcer. You are asked to provide sworn verbal testimony and/or written answer to questions. You are involved in what phase of the lawsuit? discovery
The legal document that demands more detailed information than is provided in a complaint is the: bill of particulars
If an x-ray machine is entered into evidence, it is a form of demonstrative
The legal document that demands more detailed information than is provided in a complaint bill of particulars
Name 2 situations where a minor patient may give consent for their medical treatment. Drug treatment Abortion
The acts or omissions that may constitute negligence on the part of a nurse often render a hospital liable under the doctrine of respondeat superior
The order that calls for a document to be produced by an organization subpoena duces tecum
A former patient of Bayshore Hospital is suing the hospital for negligent care of an infected decubitus ulcer. The sworn verbal testimony you are asked to provide is called deposition
Knowing that a dangers exists and voluntarily accepting the risk by taking a chance and exposing oneself to it assumption of risk
A contract serves to provide one or more of its parties with a non-legal remedy if another of the parties does not perform its obligations pursuant to the terms of the contract False
Damages that are awarded to compensate for gross negligence and to deter the wrongdoer are known as punitive damages
Created by: adale3171