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Law and Ethics for Medical Professionals Ch 1-6

What are the two most important reasons for studying law and ethics? To avoid legal entanglements To provide competent care
Which of the following terms means prone to engage in lawsuits? Litigious Summary judgment Code of ethics Civil law Litigious
Which area of knowledge of law and ethics describes patients seeing themselves partnering with their health care practitioners in the healing process? The rights, responsibilities, and concerns of health care consumers
Today's consumers of health care consumers often consider themselves _________ in their own care. partners
The _______ and ________ issues that are facing patient, society, and health care practitioners must adapt as the world changes. Legal and ethical
A reason to learn about law and ethics is to help the health care practitioner avoid legal entanglements
Which of the following is true regarding a summary judgment? One party is entitled to win by a matter of law. It is only available in a civil action.
We live in a society where anyone receiving health care may be inclined to sue. Based on this, who may be at risk of being involved in a health care-related lawsuit? Every person responsible for health care delivery
Health care equipment product dealers and manufacturers can be held responsible for defective devices and products through which of the following charges? Fraud or intentional deceit Breach of warranty Strict liability for cases in which defective products threaten the personal safety of consumers
Which of the following are areas that will help you gain perspective when studying law and ethics? The impact of rising cost on the laws and ethics of health care delivery. The legal and ethical issues facing society, patients, and health care practitioners as the world changes. The rights, responsibilities, and concerns of health care consumers.
Today's health care recipients are often described as consumers. What does this mean in the context of health care? Patients want to know more about their medical options. Patients expect favorable outcomes from treatment. Patients will question fees and treatment modes.
When the courts find that drugs are misrepresented in order to win FDA approval, drug manufacturers could be forced to pay damages
Which of the following societal and medical trends is NOT resulting in legal and ethical dilemmas for health care practitioners, patients, and society? Advances in bioethical studies
Which of the following are circumstances where health care equipment dealers and manufacturers cannot be charged? malpractice
True or False An important issue in deciding drug injury cases is whether or not the drug manufacturer made what types of statements to win FDA approval? False, Misleading
A __________ is defined as a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. law
Why does the government enact laws? To keep society moving smoothly To control behavior that could threaten public safety
What types of laws or other legislation affect health care practitioners? State practice acts Civil statutes Criminal statutes
What is one's personal sense of right and wrong, formed through the influence of family, culture, and society? Moral values
What are some characteristics of a law? Formally recognized as binding Enforced by a controlling authority
What is a code of ethics? A list of principles intended to govern behavior
Licensed health care professionals convicted of violating which types of laws may lose their license to continue practicing medicine? Criminal Civil Medical practice
What are some influences that shaped American democracy and Americans' views of providing for the general welfare? A tradition of limited government An emphasis on personal liberty A belief in self-reliance
What do ethics guideline publications offer for dealing with situations in an ethical manner? Principles for dealing with situations in an ethical manner.
Health care professionals can resolve the majority of ethical issues by using their own intuitive sense of ethics. moral values.
Bioethicists are also called medical ethicists.
In what area of science does bioethics especially focus? medicine
If a health care practitioner is unable to solve an ethical issue, they can contact a bioethicist. a medical ethicist. the institutional ethics committee.
Which of the following are often cited as the most vital to the professional success of health care practitioners? Courtesy
What are the standards of behavior considered to be good manners among a group of professionals? Etiquette
What is a code that prescribes correct behavior in a specific situation? Protocol
What must health care practitioners acquire a working knowledge of and a tolerance for? Human nature Individual characteristics
If someone has a relaxed attitude when meeting people, they are said to have the trait of people skills
Health care practitioners use critical thinking skills when working through problems by using fewer emotions and more ________ thinking skills. rational
What is not enacted by government? Etiquette rules
A health care practitioner completes a course in law and ethics. In this field of study, Which of the following reasons should be most important to health care professionals? To help avoid legal entanglements.
An attorney files a motion that pleads there is no basis for a trial. This is called summary judgment.
Unlawful acts are always unethical but unethical acts aren't always illegal.
The defendant in a lawsuit is the party against whom criminal or civil charges have been filed.
What is the meaning of the term litigious? Increase in the number of lawsuits.
How have written codes of ethics for health care practitioners evolved to serve as? evolved primarily to serve as moral guidelines for those who provide care.
A pledge for physicians that remains influential today is Hippocratic oath.
Which of the following is a synonym for "good manners"? Etiquette
Law may be defined as rules of conduct.
What are referred to as standards of behavior developed as a result of one's concept of right and wrong? Ethics
In Maslow's hierarchy of needs, the need for esteem comes after which step? The need to belong and to be loved
An individual tends to move from needs-based motivation to a  _____________ system that develops from childbirth. personal value
Which of Piaget's stages of development occurs when children see the world from their own perspective? Pre-operational or egocentric stage
What was Kohlberg's first major level of moral development called? Pre-conventional morality
What term means values that are formed through the influence of the family, culture, and society? Morals
List Maslow’s Hierarchy of needs in order Basic life - food and shelter Safe and secure environment To belong and be loved Esteem - status, responsibility, and recognition are important Self- actualization for personal growth and fulfillment
What is a social contract? The acceptance of people freely entering into work for the benefit of all.
The value system we develop as we grow and mature is dependent on what type of framework? Cultural framework we live in
Three ways Values can be developed are: subjective based on religious beliefs based on past experiences
Who is one of the most famous researchers on the stages of development from childhood to adulthood? Jean Piaget
What are two characteristics of Pre-conventional morality? Is when children start to accept authority Is when children recognize more than one point of view on right and wrong
Another term for consequence-oriented theory is ______. teleological
Who is the father of duty-oriented theory? Immanuel Kant Note: Abraham Maslow conceptualized a hierarchy of needs, Jean Piaget described moral development, Lawrence Kohlberg modified and expanded on Piaget's work,
In Kohlberg's moral development theory, post-conventional morality consists of what 3 characteristics? balancing individual and group rights choosing principles over authority if the two come into conflict making a personal commitment to principles like social justice
Choose the principle that means that there are no exceptions from the rule. categorical imperative
Value development theories—like those of Maslow and Piaget—do not account for which of the following circumstances? How two moral people can reach different solutions to the same problem How values can be subjective
Which of Piaget's developmental stages is called the formal operational stage, where children develop abstract thought and start to understand that there are different degrees of wrongdoing? 4th stage
In order, name Piaget’s developmental stages 1. Sensorimotor stage - ages birth - 2 - self-centered and e explores world with 5 senses 2. Pre operation / egocentric stage - ages 2 - 7 3. Concrete operation stage - see things as right or wrong, see adults as powerful and controlling 4. Formal operati
What is a consequence-oriented theory that states decisions should be made by determining what results will produce the best outcome for the most people? Utilitarianism
What value theory states that the rightness or wrongness of the act depends on its intrinsic nature and not the outcome? duty-oriented
What is the name of the theory that states that people who with virtues will make the right decisions? virtue ethics
What is categorical imperative based upon? a determined principle
What is it called when a person makes a decision based on results that will produce the greatest balance of good over evil and that considers everyone? Act-utilitarianism
Which of the following explains virtue ethics? traits, characteristics, and virtues a moral person should have
What were two past virtues for nurses? Nurses should not questions authority Nurses follow physicians orders
Choose the principle that means that there are no exceptions from the rule. categorical imperative
What is the capacity to be one's own person and make decisions without being manipulated by external forces called? Autonomy
Substituting the medical provider's opinion of what is best for the patient is called paternalism
Which of Piaget's stages of development occurs when children see the world from their own perspective? Preparations or egocentric stage
What is the first duty of health care practitioners as defined by beneficence? Promote health for the patient above all other considerations.
What type of utilitarianism based on results that will produce the greatest balance of good over evil? Act-utilitarianism
Name two virtues nurses focus on today’s health care system. Patient education, advocacy
What is the meaning of non-maleficence? do no harm
If a person has the capacity to make decisions based on one's own reasons and motives, not manipulated or dictated to by external forces, they are said to be ____________. autonomous
What is an argument regarding health care entitlement  that many people would understand? The distribution of scarce resources and the expense of providing them do not allow us to provide all care for all patients.
A paternalistic view of patient care threatens a patient's __. autonomy
Based on social condition, what is striving for the highest possible standard of health for all with special attention to the needs of those at greatest risk called? Health equity
What are acts performed by a health care practitioner to help people stay healthy or recover from an illness? beneficence
The Health Information Portability and Accountability Act (HIPAA) mandates the privacy and confidentiality of what type of health information? Medical records, computerized medical information
What is a consequence-oriented theory that states decisions should be made by determining what results will produce the best outcome for the most people? Utilitarianism
Being faithful to the scope of the services for which you are licensed, certified, or registered is called __. role fidelity
Under non-maleficence and the principle of double effect, the __ of any treatment must always outweigh the __. benefit; harm
An example of a medical provider not always telling the truth is when a doctor uses what type of intervention? Placebo
If an individual is provided his or her due, it is called __. justice
A health difference that is closely linked with economic, environmental, or social disadvantage is called a(n) __. disparity
Who are in the most likely position to violate confidentiality rules? healthcare practitioners
A nurse assistant administering an intravenous drug to a patient and a medical assistant diagnosing a patient’s condition are bad examples of what? role fidelity
What is another term for telling the truth in health care? veracity
What are the 7 principles of health care ethics? Autonomy, Beneficence, Non-maleficence, Confidentiality, Justice. Role fidelity, and Veracity
True or False Physician, Registered Nurse, ad Physical Therapist do not require state licenses. False
Courses of study or degree programs are typically completed for __. licensure
Which of the following are the 3 most common reasons for loss of license to practice for health care practitioners? Poor documentation or record keeping, Sexual misconduct, Patient abuse
Additional reasons whereby a health care practitioner could have his/her license revoked or suspended would include which of the following? Personal incapacity, Boundary violations
Who determines the scope of practice for health care practitioners?  Licensure Note: State laws, regulations, educational requirements and licensing bodies also determine scope of practice for health care practitioners
Licensure is a _________ credentialing process established by law. mandatory or required
Official authorization or approval for conforming to a specified standard is called accreditation
In order to be licensed, what must be completed after courses of study? exams
Licenses for health care professionals can be ________ or __________ under certain circumstances. revoked; suspended
What are 3 examples of professional or personal incapacity? senility, alcoholism, personal illness or injury, drug abuse, or other conditions that impair a health care professional’s ability to practice
How often are on-site surveys conducted by professional accrediting agencies? periodically
What is the determination of the duties/procedures that a person may or may not perform under the auspices of a specific health care professional's license? scope of practice
Name 3 health care organizations that are accredited by TJC (The Joint Commission) critical access hospitals, nursing care facilities, home care organizations, all types of hospitals, behavioral health facilities, assisted living, and clinical labs
Name 3 advantages of accreditation? 1. A better chance that credits will be accepted by another institution 2. The opportunity to participated in federal and/or state financial aid 3. An assurance of high-quality standards at your school
What organization serves as an accrediting agency for health care practitioner education programs? CAAHEP (Commission on Accreditation of Allied Health Education Programs)
Which organization provides accreditation to Physical Therapists and Physical Therapy Assistants? CAPTE (Commission on Accreditation in Physical Therapy Education)
What do practice acts define? define what is meant by the practice of the individual profession in each state.
As part of the accreditation review process during the on-site survey, what are some areas the committees review? Patient records
To earn and maintain TJC accreditation, laboratories must be surveyed every Every 2 years Note: Every other type of organization must be surveyed at least every 39 months (3 years and 3 months)
What are state laws written for the express purpose of governing the practice of specific health care professions? medical practice acts
Medical schools are accredited by whom? LCME (Liaison Committee on Medical Education)
Where can copies of state codes be found? Internet
CAAHEP oversee how many different allied health educational programs? 30
Most professional licensing cards are generally include what professionals? executive officer, attorneys, investigators
Where will physician assistants find their practice act information? within the medical board practice act
How often do states revise their medical practice acts? periodically
What types of acts are generally classified as fraud? Billing a government agency for services not rendered, Falsifying educational degrees, medical licenses, credentials, Falsifying medical reports, Falsely advertising or misrepresenting to a patient “secret cures” or special powers to cure an ailment
Funding for state professional boards comes from registration and licensing fees
In a revocation or suspension hearing, the physician has the right to _____________ through the court system for any decisions made. appeal Note: right to to description of charges or hearing, right to counsel, right to present evidence in defense, right to confront and question witnesses, right to appeal, and other rights granted by state law
What are 3 examples of private "for profit" health care organizations? insurance companies, drug manufacturers, and supplies of equipment
Managed care organizations are a system in which financing, administration, and delivery of health care are linked to provide medical services to subscribers for a prepaid fee.
A health care professional could be considered guilty of fraud if what can be shown?  intent to deceive
How are physicians in PGPs paid? As a salaried employee of the HMO
PPOs are managed care plans that contract with a network of doctors, hospitals, and other health care providers who provide services for  set fees
Insufficient grounds for license revocation include a single incident of alleged incompetence.
The managed care plan that is allowed to contract directly with employers to provide health care services is the physician-hospital organization (PHO)
What are 3 statements that describe a point-of-service plan? many require choosing a primary care physician (PCP), Physician referrals needed to see out of network provider, May be higher out of network charges
Name two features of a managed health care plan; monitoring of the amount and patterns of care delivered, a network that coordinates and refers patients to its health care providers.
Who is responsible for directing all of a patient's medical care and determining whether the patient should be referred for specialty care? Primary care physician (PCP)
General types of HMO models include group and staff model
The 3 goals of PCMH are to offer patients improved quality of care, enhanced patient access, and shared decision-making
Which plan requires higher out-of-pocket costs if a provider is outside the group? PPO (Preferred Provider Organizations)
Which of the following are part of physician-hospital organizations? Laboratories, Nursing homes, surgery centers Note: Includes Physicians, hospitals, surgery centers, nursing homes, laboratories, and other medical service providers
Which healthcare plan allows a subscriber to see any in-network health care provider without a referral? Open Access plan (OAP)
Name one of the accrediting agencies that review PCMH? NCQA, AAAHC, TJC or URAC
Physician-hospital organizations are a type of managed care plan (part of managed care organizations)
A hospital admin makes a choice to close a wing for budget cuts even though some ppl will lose their jobs. Choice is based on results that will produce the greatest balance of good over evil, everyone considered.What type of framework is the admin using ? Act-utilitarianism
A patient who was injured in a fall in a health care facility due to the negligence of the nurse is filing a medical malpractice lawsuit. Which ethical principle applies in this situation? Justice
An x-ray technician witnesses a nurse diagnosing a medical problem for a patient. Which of the seven principles of health care ethics has this nurse violated? Role Fidelity
Psychologists question how individuals develop values that guide them in ethical decision making. Which of the following reflects current thought on value development? When people are born, they have no values in place.
A child tells a nurse that he stole money from his mother's purse because he needed to buy some candy. He also states that he knows what he did was wrong and will not do it again. What stage of moral development would this child be experiencing? formal operational stage
A health care facility administrator considers the principle of utility when making decisions that affect the employees of the facility. Which of the following describes this principle? It brings about positive results when generalized to a wide variety of situations.
A nurse caring for older adults in a nursing home has a paternalistic view about telling patients the truth about their conditions. Which of the following best describes the practice of paternalism? Thinking that "I know what is best for the patient.”
A patient undergoing surgery signs an informed consent for the procedure. Which of the following principles of health care ethics does informed consent protect? Autonomy
In Abraham Maslow's hierarchy of human needs, the need for basic life (food, shelter), a safe environment, and to belong and be loved are designated "D" needs. What does "D" stand for? Deficiency Note: B stands for being
A person who makes a commitment to universal principles such as social justice, equal rights, and respect for the dignity of all people is in what stage of Kohlberg's developmental theory? Postconventional morality, Stage 2
The oversight of all educational accrediting bodies in higher education is done by U.S. Department of Education and Council on Higher Education Accreditation.
Which of the following is not sufficient grounds for revoking a medical license? Misdiagnosis
A new long-term care facility is applying for accreditation of the facility. To which of the following organizations should the facility submit the accreditation application? The Joint Commission
Which of these credentials is mandatory for certain health professionals to practice in their field? Licensure
A health care profession that is certified may find the scope of practice for that profession in the __________ practice act. medical
The largest integrated health care system in the United States is (are) Veterans Health Administration. 
Many hospitals, neighborhood health clinics, and some Blue Cross Blue Shield companies are examples of Not-for-profit businesses
A valid out-of-state license is accepted as the basis for issuing a license in a second state without reexamination. This is called Reciprocity
The National Practitioner Data Bank may disclose information to which of the following groups? State licensing boards 
Coinsurance is a percentage of the fee-for-services provided that the patient pays.
Who governs the administrations of health care and all other national matters derived from powers and responsibilities? The three branches of government
What does the House of Representatives have the power to do? Introduce legislation that compels people to pay taxes
Checks and balances exist to ensure that power is equally distributed between how many branches of government? 3 - Three branches of government
What power is exclusive to the state government? hold elections
True or false: Legal precedents apply mostly to future court cases. True
What are the three branches of government? Executive, Legislative, Judicial
Name two functions of the Senate Approve or disapprove any people the president recommends for jobs, Approve or disapprove any treaties the president makes
The division of powers and responsibilities within all of the branches of government ensures a system of  ____________ and ___________ to keep one branch from assuming too much power. checks and balances
For what 3 reasons can the courts review statutes? constitutionality, application, interpretation
What are two functions of the national government? Establish post offices, Print money
What are the court decisions that were written down and later referred to as past cases by judges to help them make decisions? Legal precedents
What is administrative law? It enables statutes enacted to define powers and procedures when an agency is created.
True or false: Civil and criminal laws mostly apply to health care practitioners. False Note: Civil and criminal laws MOST LIKELY pertain/apply to health care practitioners.
What is one function the House of Representatives has the power to do? Introduce legislation that compels people to pay taxes or Decide if a government official should be put on trial before the Senate if he or she commits a crime against the country (such as an impeachment trial)
What is a statutory law? A law passed by the U.S. Congress or state legislatures
What entities are able to create an administrative law? State legislatures, Congress, The president
What law involves offenses against the state or sovereignty, committed or omitted, in violation of a public law forbidding or commanding them? criminal
What is an example of procedural law? Reading someone their Miranda rights
Name two functions of the Senate? Approve or disapprove any treaties the president makes, Approve or disapprove any people the president recommends for jobs, Hold an impeachment trial for a government official who commits a crime against the country
Name 3 crimes that considered to be a crime against a state Arson, Robbery, Practicing medicine without a license
The body of criminal law involves a crime against who ? The state
What are 3 examples of tort actions? Someone who damaged someone's property, deprived someone of his/her personal freedom, injures another
What does procedural law define? Defines the rules used to enforce substantive law
If the conduct of the person committing the tort is judged to be malicious, what may be awarded? Punitive damages
What is considered a federal criminal offense? Kidnapping
What provides protection from the wrongful acts of another person? Civil law
Under principles of negligence when does civil liability exist? In cases in which the act is determined to be wrongful
Which power is exclusive to the state government? hold elections
What are the two types of torts? Intentional, Unintentional
Tortfeasor is _____. the person guilty of a tort
What do typical court systems consist of? Trial courts, Appellate courts, Local courts
Negligence is charged when a health care practitioner fails to exercise _________ and a patient is injured. ordinary care
What type of court would hear a court martial? Court of Military Appeals
Which term is defined as a civil wrong committed against a person or property, excluding breach of contract? Tort
In a criminal case, who is the person most often representing the prosecution? the government
True or False. Each state court system has its own rules and regulations. True
To be legally binding, how many elements must be presented in a contract? 4 - Four Note: Agreement, consideration, legal subject matter, contractual capacity
What type of contract can be indicated in either written or spoken words? expressed
What court hears cases from citizens involving claims against the federal government? U.S. Claims Courts
If a physician suddenly withdraws from treatment of a patient while the patient is still in need of medical care without arranging for substitute care, the physician may be charged with abandonment
True or false: Attorneys only represent defendants. False - Reason: Attorneys represent both plaintiffs and defendants.
In order to properly terminate the physician-patient relationship, the physician must give the patient formal ____________ warning that he/she is withdrawing from the case.  written warning or written notice
What is a contract? A voluntary agreement between two parties in which specific promises are made for a consideration.
What are two proper steps to terminate the physician-patient relationship? Provide time to find another physician, File a copy of the notification of withdrawal from the case in the patient's chart
What are the two main types of contracts Implied, Expressed
What are creditor practices governed by? The FDCPA
What contract is most often used in the medical office? implied
Name 3 reasons why a physician can stop seeing a patient? Failure to pay for services, Failure to follow physicians instructions, Failure to keep scheduled appointments
What are 3 purposes do insurance providers have access to patients' medical records? Payment of services, Quality management, Case management review, Illness and disease prevention
Name any two steps that are required to properly terminate the physician-patient relationship? Note the need for cont. pt. care, Written notice DR. is withdrawing from the case, Pt. must have time to find another DR., Notice of discharge withdrawal sent certified mail, return receipt requested, copy filed in pt. records.
What is the legislation that protects consumers from fraudulent or deceptive hidden finance charges levied by creditors? Regulation Z
Which contract is created by conduct of the parties? Implied or Expressed Implied
Under the provisions of the physician-patient contract, what 3 rights does the physician have a right to? Specialize, Not treat patients outside the physician’s specialty, Set up an office wherever he or she chooses
What happens to the patient-physician relationship if a physician terminates his or her contractual relationship with a managed care plan? The managed care plan will no longer pay for the subscriber's visits to this physician.
What legislation has also provided protections for consumers when dealing with insurers? PPACA - Patient Protection and Affordable Care Act
When should specialists treat someone outside their specialty? In an emergency situation
What are 3 examples of patients' rights? To request to examine their bill, Confidentiality, To refuse treatment
On average, approximately what percentage of people leave the hospital against doctor's advice? 0.8% to 2.2%
What year was the Patients' Bill of Rights created? Created in 1973, Revised in 1992
Law of agency is the law that governs the relationship between a principal and his or her __________. agent (employee)
What word best describes the term "liable"? responsible
Even if an employer was not present when the employee performed certain acts they can be liable, even if the employer had no ________ to cause harm. intention
Health care practitioners act as their employers' agents when they do what 3 acts? Speak with patients or their representatives, File insurance claims, Schedule appointment
Generally, if an action or omission within the scope of a clinician's job could potentially cause harm, the patient is owed a __________. duty of care
The common law situation in business where the employer authorizes an employee or agent to deal with a third party on the employer's behalf is called the  law of agency
Physicians in general practices are expected to conform to what type of standards? other physicians / health practitioners
Agency has that employers are ______ liable for the acts of their employees performed as part of their employment. vicariously
Name 3 guidelines that help clinicians stay within the scope of their practice. Following established risk management processes, Meeting professional credentialing requirements, Maintaining confidentiality
If harm occurs when an employee performs acts as part of his/her employment, who may be liable, even if not present? the employer
When health care practitioners are sued for medical malpractice, what generally does that mean? A deviation from accepted standard of care occurred
Agency is most often _____ in a health care setting. implied
What is the obligation of health care professionals to patients and, in some cases, nonpatients called? Duty of care
The performance of a completely wrongful and illegal act is called  malfeasance
What are two statements that describe the standards for specialists physicians? Their standard of care is the same as other specialists. They have higher standards than general practitioners.
If a nurse does not use a sterile technique when changing a dressing and the patient's wound becomes infected, what might the nurse be guilty of? misfeasance
What are 3 guidelines that demonstrate physicians operating within their scope of their practices? Helping to develop and maintain personnel, policy, and procedure manuals, Prepare and maintain health records, Accurate documentation
For res ipsa loquitur to apply, what 3 elements must be included? 1. It must be apparent that the patient would not have been injured if reasonable care had been used. 2. The patient must not have contributed to the act. 3. The act of negligence must obviously be under the defendant’s control.
What is the basis for most liability claims in medicine? Unintentional tort of negligence
When a defendant is found guilty of a ________, the plaintiff is awarded damages. tort
What is an example of malfeasance? A medical assistant dispenses a prescription and injury occurs
If a patient dies as a result of the negligence of a health care practitioner, who may receive a financial award? Beneficiaries
What does misfeasance mean? The performance of a lawful act in an illegal or improper manner.
What is the name of the party in a lawsuit who is being accused? Defendant or Plaintiff defendant
What term means that an act was an obvious case of negligence? Res ipsa loquitur
What are two benefits of pretrial screenings? Such screenings are a way to discourage cases that are not based on merit and save costs to both parties Note: They can help educate plaintiffs that there may not be sufficient grounds for a successful lawsuit
Damages awarded in a tort case are in the form of which of the following? Monetary compensation
What is the first action of a malpractice lawsuit? 1. A patient feels he or she has been injured 2. The patient seeks the advice of an attorney 3. If the attorney believes the case has merit, he or she then requests copes of medical records
A person who brings forth charges in a lawsuit is called the plaintiff
What statutes are based on a law and given to a patient's beneficiaries when death results due to a practitioner's negligence? Wrongful death statutes
A complaint is filed with the clerk of the court during what phase of a lawsuit? Pleading phase
In what type of case does a plaintiff need to prove the case by presenting to the judge or jury evidence that is more convincing than the opposing party? Civil Cases
What is the consequence of not responding to a summons? Loss of the case by default
What percentage of states require pretrial screening before plaintiffs pursue medical malpractice litigation in civil court? About 1/2 or 50% or 25 states
What is typically the second step in a malpractice lawsuit? The patient seeks advice of attorney
What is the term when either party in a lawsuit asks that the trial be held in another place? change of venue
A person or party that criminal or civil charges are brought against in a lawsuit is called the defendant
During what phase of a lawsuit is a deposition given? Pre Trial phase Note: Phases of a lawsuit in order: Pleading, Interrogatory/Pre trial Discovery, Trial, Appeals,
What element is included in the complaint filed during the pleading phase of a lawsuit? the amount of money sought
After the defendant's attorney files an answer to the summons, the defendant may also file what type of document? counterclaim or cross-complaint
What is issued to command a witness to bring medical records to court? Subpoena duces tecum
What are some of the benefits of pretrial screenings? They save costs to both parties. Note: Also, it discourages cases that are not based on merit (answer marked as wrong)
During what phase is a trial date set? Interrogatory phase
What are the two types of depositions? discovery depositions, depositors in lieu of trial
What does a deposition contain? sworn testimony
What is one action that would support best practice if you are subpoenaed to testify in court? Using layman's terms when you speak
What is an interrogatory? A written set of questions requiring written answers
What are 3 types of alternative dispute resolution? Med-arb, Mediation, Arbitration
What happens if someone fails to obey a subpoena? They can be charged with contempt of court.
What do critics say about alternative dispute resolutions? Attorneys' fees and damage awards are high. All facts should be brought out in a court of law.
How often are lawsuits settle out of court? 90% of the time
What is permission from a person, either expressed or implied, for something to be done by another? consent
Before testifying, what should the witness refresh his or her memory about? Times, Dates, Circumstances, Words Spoken
Who can legally give consent if a 14-year-old patient visits a health care facility for treatment of a routine sore throat? The patient's guardian
What is a technique for resolving civil disputes without going to court? ADR (alternative dispute resolution)
What are the pros for alternative dispute resolution? They reduce the expenses of settling a claim, They are time efficient
What is vital to informed consent? patient education
As a clause to the Good Samaritan acts, physicians and other health care personnel may be protected from charges of negligence or abandonment, provided they adhere to which of the following Use due care under the circumstance, Act within the scope of training and knowledge, Do not bill for service(s), Give such care in good faith
Before proceeding with treatment, health care practitioners must determine whether or not patients are _________ to give informed consent. competent
In some states, what does a woman need to be clearly informed of prior to giving informed consent to an abortion? Risks associated with the surgery, Alternatives to abortions, Wait a length of time before signing consent form
In what areas is parental or guardian consent required for HIV/AIDS treatment? School based clinic, Physician treatment
What are state laws protecting physicians and sometimes other health care practitioners and laypersons from charges of negligence or abandonment if they stop to help the victim of an accident or other emergency called? Good Samaritan Acts
What are some of the requirements in regards to the fourth C of Medical Malpractice Prevention, Charting? If it isn't in writing and explained completely and accurately, it wasn't done.
Based on what 3 attributes is an employee expected to perform delegated tasks? Training, Qualification, Experience
When should a physician seek a therapeutic course? When they have exhausted all reasonable methods of securing a diagnosis
Should practitioners and facilities try to cover up mistakes, they could lose accreditation by which body? The Joint Commission (TJC)
What is the TJC's accreditation rule about improving the accuracy of patient identification? Use at least two forms of patient identifiers when taking or administering blood
Documentation is ______. proof (In the 4th C - Charting) Note: The four Cs of Medical Malpractice Prevention: Caring, Communication, Competence, Charting)
Ensuring that alarms are regularly maintained and tested is part of TJC's requirement to improve the effectiveness of clinical alarm systems.
What do all physicians/employers have to do carefully with their employees? Select, Supervise, Delegate carefully
Name the following reasons that patients give when considering filing lawsuits? Diagnosis/treatment was incorrect/ineffective, Suffered abnormal injury during surgery/treatment, Given wrong medication/dosage, Given incorrect after-care directions / Failure to follow safety procedures, Did not give informed consent
What methods should a physician use to diagnose and treat a patient? Conservative and least dangerous form of treatment
What will show a patient that a health care practitioner is caring and interested? If he/she sits rather than stands while interviewing or conversing with the patient
What is the legal and ethical response when a health care mistake is made? Report the mistake to attending physicians and supervisors, Note it on the patient's record
Medical staff who answer the phone need to know when reported symptoms require the physician's immediate attention, when a patient should seek emergency care.
TJC recommends confirming which of the following prior to any surgery or invasive procedure? Confirming the patient, Confirming the site
What is the best way for a health care practitioner to deliver bad news? Being straightforward
To improve the effectiveness of clinical alarm systems, TJC requires that the alarms can be heard over other loud noises, that the alarms are set appropriately, regular checking of the alarms.
According to a 2018 Medscape Report, which of these are reasons that a patient might file a lawsuit? Patients want answers doctor doesn’t give, Billing Disputes, Details are missing, Desperation, and Reaction to physicians’ disrespectful/cold actions
What should health care workers develop so that patients feel time spent with them is not rushed? Good nonverbal communication techniques, Good listening skills
Every day, a health care practitioner should set aside time to return patients' phone calls, advise patients over the phone, and record information in patients' charts.
When explaining an illness, what should a health care practitioner do? Use terms the patient will understand
For an autopsy to be performed, who would typically sign the informed-consent form? A health care practitioner, Next of kin, Designated representative
Ensuring that alarms are regularly maintained and tested is part of TJC's requirement to improve the effectiveness of clinical alarm systems.
An employee may be held _________  if he or she knowingly remains silent to protect a physician who has performed an illegal act. liable
Who can sign an informed-consent form? An authorized representative, The patient
If a lawsuit is filed against a physician, who should his/her employees speak to? The physician's attorney, The court
List 3 important times when a physician should insist on a professional consultation include if the family is dissatisfied, if the patient is not doing well, and/or if the patient is unhappy
What does clear documentation in a medical record demonstrate? Withdrawals from cases, There was no negligence on the part of the physician
What describes denial as a defense strategy? declaration of innocence
A DR. injects meds into the spinal cord of a pt. and the pt. becomes ill. The meds was contaminated by the manufacturer. The type of defense most likely to be used by the DR. when a lawsuit is filed is which of the following? Affirmative defense - used by the defendant to be bale to present factual evidence that the patient’s condition was caused by some other factor than any believed negligence
What behavior is best practice when handling patients? Tact, Good judgment, Professionalism
If a health care practitioner is in doubt about what should be recorded in a pt.’s record, what should they do? (Such as drug testing, rape victim exams, etc, evidence may need to be collected in a manner to be admissible in court) Contact legal authorities
What is a defense that asserts a declaration of innocence of wrongdoing of the charges called? Denial
A doctor would not be held liable for care given to the victim in an emergency setting if the defense established which of the below? A true emergency situation existed and was not caused by the defendant The appropriate standard of care was met, given the emergency situation
What type of defense is based on legal technicalities instead of factual evidence? Technical defense
Which of the following identifies problem practices and avoid litigation? Providing written job descriptions for health care practice employees, Providing office procedures manuals and employee handbooks
In creating a plan to manage risk, what should be considered? Identify ares where improvement is needed, Determine which data to collect to find if improvement has been reached, Decide which changes will create the most improvement with the least amount of effort, Implement the action, Evaluate the results
Within certain provisions, the health care practitioner who comes to the aid of a victim in an emergency would not be held liable under _______ law. common
What is liability insurance? Contract coverage for potential damages incurred as a result of a negligent act
Technical defenses include what? statute of limitations has run out, insufficient evidence to support the plaintiff’s claim, assertion plaintiff has no standing to sue
What may impact the cost of liability insurance premiums for physicians? The physician’s specialty
What 3 activities may affect the likelihood or course of litigation in risk management? Patient scheduling, Medical record charting, Prescription writing
What is a type of liability insurance that covers the insured only for those claims made while the policy is in force? claims-made insurance
Quality improvement is a method used in what? risk management
What is occurrence insurance also known as? claims-made insurance
If a medical professional liability insurance policy covers a physician up to a certain established amount, in the event that the physician loses a lawsuit, what will the insurance company pay? No more than the established amount
Once a claims-made policy is canceled, coverage does not continue in the future for any claims that might be reported from the past unless __________ coverage or ____________ coverage is secured at the time the policy is canceled. tail coverage or prior acts coverage
Physicians may drop their ________ insurance if the premiums get too high liability
What following identifies problem practices and avoid litigation? Providing written job descriptions for health care practice employees
When considering claims-made insurance, when would a policy that is in force during the previous year cover claims? During the year the policy was in force
What is a type of liability insurance that covers the insured for any claims arising from an incident that occurred or is alleged to have occurred while the policy is in force, regardless of when the claim is made? Occurrence insurance
Tail coverage or prior acts insurance coverage protects a physician when which type of policy expires? Claims-made insurance
What is a type of liability insurance that covers the insured only for those claims made while the policy is in force? Claims-made insurance
What is occurrence insurance also known as? Claims-incurred insurance
What is a type of liability insurance that covers the insured for any claims arising from an incident that occurred or is alleged to have occurred while the policy is in force, regardless of when the claim is made? Claims-made insurance / claims-incurred
Tail coverage protects a physician when which type of policy expires? claims-made
Practicing medicine without a license is an example of which of the following types of laws? criminal law 
The president of the United States exercises limited legislative powers when issuing executive orders. 
Relatives of a pt. in a nursing home were prevented from seeing their family member by a staff in the nursing home. Pt. Had filed a complaint about the staff, the employee thought it right to prevent visitors. What torts might the staff be convicted of? Trespass - wrongful injury to or interference with the property of another
According to the AHRQ, patients who are most likely to leave the hospital against physician's orders are those who have a substance abuse problem
What brochure applies to both hospital and health care visits and encourages high quality care? Patient Care Partnership: Understand Expectations, Rights, and Responsibilities
There are ______ branches of the federal government. three / 3
Assault is defined as the open threat of bodily harm. 
Both parties in the physician-patient relationship have certain rights and responsibilities. Which of the following is a physician responsibility? Exercise his or her best professional judgment in all cases.
A nurse who steals drugs from a medication cart is committing an offense under what kind of law? Criminal law
Broad enabling statutes defining an agency's powers and procedures are known as administrative laws. 
If a patient is injured because a health care professional failed to exercise the care and expertise that under the circumstances could reasonably be expected of a professional with similar experience and training, then that professional may be liable for negligence
When no written contract exists, who chooses an arbitrator to resolve disputes? The two parties select an arbitrator and the two arbitrators select a third to act.
The definition of liability is the legal responsibility of competent adults for their own acts.
A deposition may be taken in which phase of the lawsuit? Interrogatory or Pre trial phase
Alternative dispute resolution has become increasingly popular over the years. What is the reason for this increase? Overcrowding of court calendars
What following aspects of patient care is the most vital factor in the issue of informed consent? Patient education
A patient is properly cared for by the nurse practitioner. Which of the following describes one of the elements that the nurse practitioner has successfully met? Duty or Duty of Care
As employers, physicians have general liability for many aspects of their business. Which of the following does not fall under the responsibility of the employers? Employees driving to and from the workplace
A physician is a specialist in obstetrics. Which of the following is true regarding the standard of care expected of this physician? The physician will be held to the same standard of care as other obstetricians.
Some states require mediation and/or arbitration for certain civil cases, while in other states alternative dispute resolution methods are voluntary. Under the terms of a written contract, who chooses an arbitrator? The American Arbitration Association
A physician who owns a medical practice decides his malpractice insurance is too expensive and drops the policy. Which of the following aspects of this physician's practice will impact the physician the most? Having hospital privileges. 
Patients sue for a variety of reasons. Which of the following is not one of the top recurring reasons patients sue? Correction of a mistake
The cost of malpractice liability insurance is based upon what? Physician specialty and dollar amount covered by the policy.
Using the process of comparative negligence, a judge determines that the patient contributed 35% to the injury and the physician contributed 65%. Which of the following is the outcome of the case? The patient's damage award would be reduced by 35%.
A hcp who practices the "four Cs of med. malpractice prevention" finds 2 crucial benefits related to 1 of the Cs—that is, improvement in pt.s' med conditions and the decreased likelihood that they will sue. What C is most likely to provide these benefits? Caring
What is not a form of an affirmative defense to a professional liability suit? Denial
What insurance policies cover incidents that occurred before the beginning of the new insurance relationship but that have not yet been brought to the insured's attention as a claim? Occurrence coverage
Methods used to manage risk are considered a part of which of the following? Quality assurance
When the defense claims that the patient's actions caused or contributed to the injury, this is called a(n) contributory negligence defense
The employer physician puts a plan in place to ensure that all government regulations are enforced in the practice. This is referred to as a _________ plan compliance
Created by: dgill21
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