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Med 149 rev. chapt4
| Question | Answer |
|---|---|
| Which of the following types of law began with common law? | case law. |
| Substantive law | defines the legal relationships between people or between people and the state. |
| Procedural law | defines the rules used to enforce substantive law. |
| Criminal law | involves crimes against the state. |
| Civil law | is the area of law most likely to affect health care practitioners. |
| A civil offense | may involve a family matter. |
| Jurisdiction refers to | the court that has the authority to hear and decide a case. |
| Define tort. | A tort is a civil wrong committed against a person or property. |
| What is a tortfeasor? | It is the person who commits a tort. |
| Negligence is | an unintentional tort. |
| Intentional torts | include assault, battery, and defamation. |
| If a physician examines a patient without consent, he or she could be charged with which of the following offenses? | Battery |
| A contract | is valid only if parties on both sides are competent. |
| For what are health care practitioners legally liable? | For actions of their employees, performed in the course of employment |
| What is the consideration of a contract? | Something of value bargained for |
| A contract may be voidable if | one party is a minor. |
| Under what circumstances may breach of contract be charged? | If either party fails to fulfill the terms of a valid contract |
| The Statute of Frauds | is state legislation governing written contracts. |
| Third-party payer contracts | promise, in writing, that a third party will pay a patient's medical bill. |
| Regulation Z of the Consumer Protection Act of 1968 requires that certain financial arrangements be in writing and include | a finance charge. |
| Which of the following is an example of an implied limited contract? | A physician at the scene provides emergency care to a car accident victim. |
| are elected or appointed to preside over the court and in most states must be licensed attorneys. | Judges |
| represent plaintiffs and defendants, presenting evidence so that the jury or the judge can reach a verdict. | Attorneys |
| keep court records and seals, enter court orders and judgments into the record, and keep the papers of the court. | Court clerks |
| keep order in the courtroom and may remove disruptive persons from the court at the judge’s request. | Bailiffs |
| make a running account of all court proceedings, using a stenotype machine that types shorthand symbols onto a tape. | Court reporters |
| are most often selected from lists of registered voters. | Juries |
| Threatening to strike or harm with a weapon or physical movement, resulting in fear | Assault |
| Unlawful, unprivileged touching of another person | Battery |
| Wrongful injury to or interference with the property of another | Trespass |
| Anything that interferes with the enjoyment of life or property | Nuisance |
| Intentionally causing one person not to enter into or to break a contract with another | Interference with contractual relations |
| False statement or deceptive practice done with intent to injure another | Deceit |
| Unauthorized taking or borrowing of personal property of another for the use of the taker | Conversion |
| Interference with a person’s right to be left alone | Invasion of privacy |
| Follow any instructions given by the physician and ________________as much as possible. | cooperate |
| Give all relevant information to the physician to reach a correct______________. If an incorrect diagnosis is made because the patient_______________ to give the physician the proper information, the physician is not _______________. | diagnosis, fails, liable. |
| Follow the physician’s orders for____________ provided the treatment is similar to that administered by members of the system or school of medicine to which the physician belongs. If a patient willfully or negligently fails to follow the physician’s instr | treatment, legal |
| Pay the fees charged for _________________ rendered. | services. |
| The physician Christine worked for spoke to the patient and the patient explained her situation and the physician told Christine to change the insurance. Since the physician is Christine's boss, should she change it? | No. It is insurance fraud because the claim now submitted has false information. |
| A doctrine under which an employer is legally liable for the acts of his or her employees, if such acts were performed within the scope of the employees' duties is called | respondeat superior |
| The definition of a tort is: | A civil wrong committed against a person or property, excluding breach of contract. |
| Which one of the selections is not an intentional tort? | Negligence |
| Which of the following statements reflects the status of a Patients’ Bill of Rights in the United States? | Some individual states have a Patients’ Bill of Rights, In the Affordable Care Act, there is a Bill of Rights providing some patient protections when dealing with health insurance providers, There is no national Patients’ Bill of Rights |
| Which of the following statements is not true? | A physician is expected to effect a cure for every patient |
| According to the Agency for Healthcare Research and Quality, what is one of the reasons patients leave the hospital against physician orders? | the patient is worried about paying the hospital bill |
| In the physician-patient relationship, which of the following is not a patient responsibility? | Refer friends to the physician |
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PRILEN8176