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Medical Law & Ethics
1st Semester Final Study Guide
| Question | Answer |
|---|---|
| What is the purpose of formalized code of ethics? | To serve as moral guidelines |
| What are moral values? How do we form/develop them? | Belief is formed through an influence of family, culture & society. |
| What is one of the most important reasons medical professionals should be familiar with medical law & ethics? | Increase competence of standards of care within |
| A judge makes a decision in a malpractice case that becomes a precedent. This is also an example of what type of law? | Earlier event/ action that's regarded as an example/ guide to be considered in subsequent similar circumstances |
| We are living in a "litigious society".....what's the meaning of the term "litigious?" | wanting to sue for everything |
| Explain the difference between plaintiff and defendant: | Plaintiff- person who brings a case against another in court. Defendant- individual,company,or institution sued or accused in a court of law. |
| What was Abraham Maslow's theory about? | Description of the needs that motivates human behavior; survival psychological needs, needs related to safety. |
| Are people born with their values? How do people develop their value system? | No, they are developed through their experience |
| If an RN is moving to another state to practice and she is NOT granted reciprocity, what must she do? | She must pass the state's exam |
| What is accreditation? What are the characteristics of the accreditation process? | Being officially authorized |
| A physician's license can be revoked for conviction of a felony, unprofessional conduct, or personal or professional incapacity. Give some examples of unprofessional conduct: | sexual misconduct |
| What is respondeat superior? | "let the master answer" employer is legally liable for duties |
| Which system was established by the U.S. Constitution, which keeps any one branch of government from assuming too much power over the other branches. What is the correct term for this system? | Checks and Balances |
| Which elected official is the chief executive of the executive branch of government? | The President |
| There are 12 jurors chosen to hear a civil case involving malpractice. How are jurors most often selected? | Voter Registration Lists |
| Assault? | A concerted attempt to do something demanding |
| Battery? | Action causing bodily harm to another |
| Defamation of character? | Damaging a person's reputation |
| Fraud? | Depriving another of his/her rights |
| If a healthcare professional knows that another healthcare professional has committed a crime (ie. stealing from a resident), but doesn't report the incident, what legal charges would she face? | Accomplice |
| What is the usual punishment for a felony? | Death or imprisonment by the state |
| What is statute of limitations? | Period of time established by state law during which a law may be filed. |
| What is mediation? | Intervention in a dispute in order to resolve; arbitration |
| What does res ipsa loquitur mean? Give an example when this might occur? | Situation that is so obviously negligent that no expert witness needs to be called; damaging healthy tissue during an operation |
| What is the reasonable person standard? | When you consider/do the things a reasonable person would. |
| Malfeasance? | Performance of a totally wrongful and lawful act |
| Nonfeasance? | Failure to act when one should |
| Misfeasance? | Performance of a lawful act in an illegal or improper manner |
| According to Micalizzi's suggestions for Things NOT to Say After Medical Complications- What are some things that should NOT be said to the pt. or family follwing an adverse event? | YOU signed the consent for surgery. You need to get over it. I didn't tell the resident to begin surgery alone. |
| Knowing that pt. records are often used as evidence in medical malpractice cases, and that improper documentation can lose a case- what are the different things that healthcare practitioners SHOULD document in the pt. record? | Reports of all tests, procedures, medications prescribed, telephone conversations. |
| Why is it so important that we keep medical records? | Serve as legal documents provide a foundation for managing a pt.'s healthcare |
| True False: What is omitted from the record may be as important to the trial as what is included? | TRUE |
| Five C's | Concise- Complete- Clear- Correct- Chronological Order- |
| What things should NOT be included in a pt.'s medical record? | Inappropriate personal judgement/ observations/attempts at humor |
| How do you correct an error in a pt.'s medical record? | Draw a line through error so that it's still legible |
| Who owns the medical records when they are created? | The Hospital |
| Who owns the information contained in the medical record? | The Pt. |
| What are some requirements when a request for information comes into the medical office from insurance companies, physicians, or other sources? | Insurance claims |
Created by:
imadrigal