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Chapter 4: Law
Hlth 1010
| Question | Answer |
|---|---|
| For example, laws that require law enforcement officers to read suspects their rights (the Miranda warning) and govern the arrest and trial process are Blank______. | procedural laws |
| Who may veto a bill on the state and federal level before it becomes a law? | - Governor - President |
| What is administrative law? | It enables statutes enacted to define powers and procedures when an agency is created. |
| The body of criminal law involves a crime against who? | The state |
| If there is a presidential veto, what ratio of approval in the house and senate is required to overturn this? | 2/3 |
| Which of the following is considered a federal criminal offense? | Kidnapping |
| Which power is exclusive to the state government? | Conduct elections |
| What does procedural law define? | Defines the rules used to enforce substantive law |
| What type of family matters are involved in a civil suit? | - Divorce - Child support |
| For what reason can the courts review statutes? | - Constitutionality - Interpretation - Application |
| Which term is defined as a civil wrong committed against a person or property, excluding breach of contract? | Tort |
| What law involves offenses against the state or sovereignty, committed or omitted, in violation of a public law forbidding or commanding them? | Criminal |
| Tortfeasor is Blank______. | the person guilty of a tort |
| Which of the following is considered under the state criminal offense? | - Robbery - Practicing medicine without a license - Arson |
| Under principles of negligence when does civil liability exist? | In cases in which the act is judicially determined to be wrongful |
| Misdemeanors are more serious than felonies. | False; Misdemeanors are less serious than felonies. |
| What does the federal court system typically oversee? | - Admiralty - Patents - Antitrust law |
| Which of the following provides protection from the wrongful acts of another person? | Civil law |
| Medical negligence cases are brought against whom in health care? | - Doctors - Medical personnel - Hospitals |
| A tort may be willful or accidental. | True; Torts may be intentional or unintentional. |
| If the conduct is determined to be malicious, then punitive damages may be awarded to the victim. | True; Punitive damages may be awarded. |
| Which of the following are part of the federal court's jurisdiction? | - Patents - Trademarks - Admiralty law |
| Negligence is charged when a health care practitioner fails to exercise ___ ___ and a patient is injured. | Blank 1: ordinary or adequate Blank 2: care or treatment |
| What type of court would hear a court martial? | Court of Military Appeals |
| This type of testimony is typically required in medical malpractice cases. | Expert |
| When evaluating a case for institutional negligence, the organization is held to what type of standard? | The same as any individual health care provider. |
| In a criminal case, who is the person most often representing the prosecution? | The government |
| Which of the following are types of torts? | - Intentional - Unintentional |
| To be legally binding, how many elements must be presented in a contract? | Four |
| What is the power of a court to hear and decide a case before it? | Jurisdiction |
| A contract that is explicitly stated in written or spoken words is an | expressed contract. |
| What is the highest court in the United States? | U.S. Supreme Court |
| For which reasons can a physician stop seeing a patient? | - Failure to pay for services - Failure to keep scheduled appointments - Failure to follow physician's instructions |
| Which of the following steps are required to properly terminate the physician-patient relationship? | - Written notification by certified mail with return receipt - Note the need for continuing care to the patient |
| The party that must show that he or she was wronged or injured in a court of law is the | plaintiff |
| To properly terminate the physician-patient relationship, the patient must be given formal ____ notice that the physician is withdrawing from the case. | Blank 1: written or writing |
| What is a contract? | A voluntary agreement between two parties in which specific promises are made for a consideration. |
| What term is used when an insurer pays for services rendered for another? | Third-party payer |
| What is the legislation that protects consumers from fraudulent or deceptive hidden finance charges levied by creditors? | Regulation Z |
| 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. |
| Which contract is created by the conduct of the parties? | Implied |
| Which of the following are the 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 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. |
| In third-party contracts what conditions needs to occur before health care services are rendered? | - The contract must be in writing. - The contract should be signed. |
| When should specialists treat someone outside their specialty? | In an emergency situation |
| What must be in a written credit agreement between a physician and a patient? | - Any interest charges to be made - The date each payment is due - The amount of each payment |
| What is the name of the brochure that was formally known as the "Patient Bill of Rights"? | The Patient Care Partnership |
| The contract between a physician and patient is usually terminated under which circumstances? | - When the bill has been paid - When treatment has ended - When they fail to keep appointments |
| Which contract is most often used in the medical office? | Implied |
| Being hospitalized is generally Blank______. | - stressful - inconvenient |
| All insurance providers, excluding managed care plans, have access to patients’ medical records for purposes of utilization review and quality management. | False; All insurance providers, including managed care plans, have access to patients’ medical records for purposes of utilization review, inpatient stay review, case management review, and quality management. |
| Under the provisions of the physician-patient contract, which of these does the physician have a right to? | - Not treat patients outside the physician's specialty - Specialize - Set up an office wherever he or she chooses |
| Which of the following are examples of patients' rights? | - Confidentiality - To request to examine their bill - To refuse treatment |
| On average, approximately what percentage of people leave the hospital against doctor's advice? | 0.8% - 2.2% |
| Which legislation has also provided protections for consumers when dealing with insurers? | Patient Protection and Affordable Care Act (ACA) |
Created by:
Bbyxmona