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Legal issues in heal

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
Who were the first physicians to use drugs? Egyptian physicians
What type of drugs did the Egyptians use? Alum, peppermint, castor oil, and opium
During surgery what did the Egyptians do? Anesthesia consisted of hitting the patient on the head with a woodn mallet to render patient unconscious
What deals with the relationship between government and individuals? Public Law
What deals with relationships among individuals? Private Law
What derived from judicial decisions? Common Law
What are the three branches of government? 1. Legislative 2. Executive 3. Judicial
What branch of government is on a federal level, enacts laws and creates new legislation. Legislative
Federal level- senate and house represenatives Legislative
What branch of government is federal and state administer and enforce the law? Executive
According to the United States constitution who holds executive power? President of the United States (Executive)
How many executive departments does the administrative head hold under the executive brach? 15 executive departments
How many department heads does the cabinet have unded the executvie branc? 15 department heads
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
What are the objectives of tort law? Culpability Deterrence Preservation Compensation
finding fault for wrong doing is called Culpability
Wrongful acts thru the assessment of Monetary damages is known as Deterrence
Peace between individuals is known as Preservation
The act to indemnify an injured person is called Compensation
to give money back is also known as indemnify
What are the three categories of tort law? Negligence Intentional Strict liability regardless of fault, intentions, or negligence
Assualt or battery, wrongful imprisonment, invasion of privacy is known as intentional tort
unintentional commision or omission of an act that a reasonably prudent person would or would not do under given circumstances. Negligence torts
what is present in intential tort but not in negligent tort? Intent
Intentional torts always involve a willful act true or false True
A negligent may not involve any wrongdoing is considered Willful act
Negligence or carelessness of a professional person (pharmacist, nurse practitioner, physician, physicians assistant) is called Malpractice
The reckless disregard for safety of another. It is the willful indifference to injury that could follow an act is known as Criminal Negligence
What are the three forms of Negligence? Malfeasance Misfeasance Nonfeasance
What are the degrees of Negligence? Ordinary Negligence Gross Negligence
Failure to do under the circumstances what a reasonably prudent person would or would not do is called Ordinary Negligence
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
What are the elements of Negligence Duty to Use Due Care Breach of duty Injury/Actual Damages Causation
The thing speak for itself is called Res ipsa loquitur
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.
The execution of an unlawful or improper act is called Malfeasance
The improper performance of an act that results in injury to another is called Misfeasance
A failure to act when there is a duty to do so is called Nonfeasance
what is the common law principle that translates "let the decision stand". Stare Decisis
What does HHS stand for Department of Health and Human Services
What are HHS relationships towards Health care? Administration on aging Centers of Medicare and Medicaid Public health service
What does CDC stand for Centers for Disease Control and Prevention
What does CMS stand for Centers for Medicare and Medicaid services
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.
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
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
Criminal law is known as? the body of statutory and common law that deals with crime and the legal punishment of criminal offenses.
What branch of government writes laws, enact laws, confirm justices enact taxes and set the budget? Legislative branch
What branch of government declar laws, interpret laws, apply laws, and compel testimony? Judicial branch
What branch veto laws, wage war, appoint justice and refuse certain expenditure? Executive branch
Criminal law is also known as? Penal law
The body of statutory and common law that deals with crime and the legal punishment of criminal offenses is called Criminal Law
What is the purpose of criminal law 1. Maintain public order and safety 2. protect individuals 3. Punishment as a deterrent 4. Rehabilitation
Social harm defined and made punishable by law is called crime
Offense punishable by less than 1 year in jail and/ or fine Misdemeanor
imprisonment in a state or federal prison for more than 1 year is called? Felony
A legal doctrin that shifts the burden of proof from the plaintiff to the defendant is known as Res Ipsa Loquitur
What are the types of awarding damages? 1. Nominal 2. Compensatory 3. Hedonic 4. Punitive
A token in recognition that a wrong has been committed. some cases the amount of compensation is insignificant. Nominal
What is intended as reparation for detriment or injury sustained? Compensatory
What is awarded to compensate plaintiff for loss of enjoyment of life? Hedonic
An additional monetary awards when an injury is caused by gross carelessnes or disregard for others safety is called Punitive
A special agreement, written or oral, that involves legally binding obligations between two or more parties is called? Contracts
What are the 7 types of contracts? 1. Express 2. implied 3. voidable 4. executed 5. enforceable 6. unenforceable 7. realty, good and services
Acting beyond the scope of authority is known as? or governing boards beyond its authority Ultra vires act
Let the master respond is known as Doctrine of Respondent Superior
A legal doctrine holding employers liable for the wrongful acts of their employees is called Doctrine of respondent superior
What is also referred to as a vicarious liability, whereby an employer is answerable for the torts committed by employees? Doctrin of respondent superior
Doctrine under which hospital is liable if it fails to uphold proper standard of care owed the patient is known as corporate negligence
Theory of liability creates a non-delegable duty which the health care corporation owes the patient is known as Corporate negligence
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
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
Created by: slaroche