click below
click below
Normal Size Small Size show me how
law/ethics ch 6
medical law & ethics ch 6 test
| Question | Answer |
|---|---|
| Failure to perform an action that a reasonable person would have performed in a similar situation is | negligence |
| Performing a wrong and illegal act is considered | malfeasance |
| Professional misconduct or demonstration of an unreasonable lack of skill with the results of injury, loss, or damage to the patient is | malpractice |
| Negligence is composed of four elements: | duty, dereliction of duty, direct or proximate cause, and damages |
| The reasonable person standard refers to the | duty of due care |
| The standard of care for physicians and other healthcare professionals is determined by | what members of the same profession would do in a similar situation within the same geographic area |
| To prove dereliction of duty, a patient would have to prove the physician | did not conform to the acceptable standard of care |
| 'The things speaks for itself' applies to the law of negligence and is the doctrine of | res ipsa loquitur |
| Monetary awards by a court to a person who has been harmed in an especially malicious or willful way are | punitive damages |
| To win a wrongful death case, the plaintiff must prove | negligence |
| The most common defense provided by the defendant in a medical malpractice case is called | denial defense |
| Assumption of a risk is the legal defense | that prevents the plaintiff from recovering damages if he or she accepts a risk associated with the activity |
| When an employer lends an employee to someone else, this is called | the borrowed servant doctrine |
| The statute of limitations for a case begins to run | when the injury is discovered |
| Deliberate concealment of the facts from a patient is | fraud |
| 'Res judicata' means | the thing has been decided |
| The legal relationship formed between two people when one person agrees to perform work for another is called | the law of agency |
| Protection for the physician/employer by the healthcare professional is best accomplished by | a) having a job description with clearly defined responsibilities, duties, and necessary skills, b) using extreme care when performing his or her job, & c) carrying out only those procedures for which he or she is trained |
| Responsibility for action in employment is ultimately assigned to the | employer |
| A contract by which one person promises to compensate or reimburse another if he or she suffers a loss from a specific cause or neglect act is | liability insurance |
| Coverage of the insured party for all injuries and incidents that occurred while the policy was in effect, regardless of when they are reported, is | occurrance insurance |
| A general liability policy that covers any negligence on the part of the physician's staff would include | a rider on the malpractice policy |
| Submitting a dispute to a person other than a judge is called | arbitration |
| A/An important reason for arbitration(s) of civil cases is to save | time and money |
| The only health professional who is not usually employed by the physician is the | pharmacist |