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MED 149
Chapter 4 review
| 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 |
| 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 |
| AIntentionally 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 |
| Wrongful act of injuring another’s reputation by making false statements | Defamation |
| Unlawful restraint of a person, whether in prison or otherwise | False imprisonment |
| Bringing legal action with malice and without probable cause | Misuse of legal procedure |
| Intentionally or recklessly causing emotional or mental suffering to another | Infliction of emotional distress |
| Dishonest or deceitful practices in depriving, or attempting to deprive, another of his or her rights | Fraud |
| 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. |
| Insurance fraud is considered: | Intentional deception to obtain payment from an insurer |
| 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? | All of these are correct |
| 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 |
Created by:
Felicia26