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law/ethics ch 6

medical law & ethics ch 6 test

QuestionAnswer
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
Created by: mikeyjoesgirl
 

 



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