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Law and Ethics for Medical Professionals Ch 1-6

Quiz yourself by thinking what should be in each of the black spaces below before clicking on it to display the answer.
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Question
Answer
What are the two most important reasons for studying law and ethics?   show
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Which of the following terms means prone to engage in lawsuits? Litigious Summary judgment Code of ethics Civil law   show
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show The rights, responsibilities, and concerns of health care consumers  
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show partners  
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The _______ and ________ issues that are facing patient, society, and health care practitioners must adapt as the world changes.   show
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show avoid legal entanglements  
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show One party is entitled to win by a matter of law. It is only available in a civil action.  
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show Every person responsible for health care delivery  
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Health care equipment product dealers and manufacturers can be held responsible for defective devices and products through which of the following charges?   show
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show 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.  
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Today's health care recipients are often described as consumers. What does this mean in the context of health care?   show
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When the courts find that drugs are misrepresented in order to win FDA approval, drug manufacturers could be forced to pay   show
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Which of the following societal and medical trends is NOT resulting in legal and ethical dilemmas for health care practitioners, patients, and society?   show
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show malpractice  
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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?   show
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show law  
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Why does the government enact laws?   show
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show State practice acts Civil statutes Criminal statutes  
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show Moral values  
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show Formally recognized as binding Enforced by a controlling authority  
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show A list of principles intended to govern behavior  
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show Criminal Civil Medical practice  
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What are some influences that shaped American democracy and Americans' views of providing for the general welfare?   show
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What do ethics guideline publications offer for dealing with situations in an ethical manner?   show
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Health care professionals can resolve the majority of ethical issues by using their own intuitive sense of   show
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Bioethicists are also called   show
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In what area of science does bioethics especially focus?   show
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show a bioethicist. a medical ethicist. the institutional ethics committee.  
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show Courtesy  
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show Etiquette  
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show Protocol  
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What must health care practitioners acquire a working knowledge of and a tolerance for?   show
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show people skills  
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show rational  
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What is not enacted by government?   show
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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?   show
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An attorney files a motion that pleads there is no basis for a trial. This is called   show
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show unethical but unethical acts aren't always illegal.  
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The defendant in a lawsuit is the   show
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show Increase in the number of lawsuits.  
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How have written codes of ethics for health care practitioners evolved to serve as?   show
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A pledge for physicians that remains influential today is   show
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Which of the following is a synonym for "good manners"?   show
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show rules of conduct.  
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What are referred to as standards of behavior developed as a result of one's concept of right and wrong?   show
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In Maslow's hierarchy of needs, the need for esteem comes after which step?   show
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show personal value  
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Which of Piaget's stages of development occurs when children see the world from their own perspective?   show
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What was Kohlberg's first major level of moral development called?   show
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show Morals  
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List Maslow’s Hierarchy of needs in order   show
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show The acceptance of people freely entering into work for the benefit of all.  
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The value system we develop as we grow and mature is dependent on what type of framework?   show
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Three ways Values can be developed are:   show
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show Jean Piaget  
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What are two characteristics of Pre-conventional morality?   show
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Another term for consequence-oriented theory is ______.   show
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show Immanuel Kant Note: Abraham Maslow conceptualized a hierarchy of needs, Jean Piaget described moral development, Lawrence Kohlberg modified and expanded on Piaget's work,  
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show balancing individual and group rights choosing principles over authority if the two come into conflict making a personal commitment to principles like social justice  
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show categorical imperative  
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show How two moral people can reach different solutions to the same problem How values can be subjective  
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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?   show
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show 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  
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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?   show
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What value theory states that the rightness or wrongness of the act depends on its intrinsic nature and not the outcome?   show
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What is the name of the theory that states that people who with virtues will make the right decisions?   show
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What is categorical imperative based upon?   show
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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?   show
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Which of the following explains virtue ethics?   show
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What were two past virtues for nurses?   show
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show categorical imperative  
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show Autonomy  
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Substituting the medical provider's opinion of what is best for the patient is called   show
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show Preparations or egocentric stage  
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What is the first duty of health care practitioners as defined by beneficence?   show
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What type of utilitarianism based on results that will produce the greatest balance of good over evil?   show
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Name two virtues nurses focus on today’s health care system.   show
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What is the meaning of non-maleficence?   show
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show autonomous  
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What is an argument regarding health care entitlement  that many people would understand?   show
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A paternalistic view of patient care threatens a patient's __.   show
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show Health equity  
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show beneficence  
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The Health Information Portability and Accountability Act (HIPAA) mandates the privacy and confidentiality of what type of health information?   show
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show Utilitarianism  
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Being faithful to the scope of the services for which you are licensed, certified, or registered is called __.   show
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show benefit; harm  
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show Placebo  
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If an individual is provided his or her due, it is called __.   show
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show disparity  
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show healthcare practitioners  
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A nurse assistant administering an intravenous drug to a patient and a medical assistant diagnosing a patient’s condition are bad examples of what?   show
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show veracity  
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show Autonomy, Beneficence, Non-maleficence, Confidentiality, Justice. Role fidelity, and Veracity  
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True or False Physician, Registered Nurse, ad Physical Therapist do not require state licenses.   show
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Courses of study or degree programs are typically completed for __.   show
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Which of the following are the 3 most common reasons for loss of license to practice for health care practitioners?   show
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Additional reasons whereby a health care practitioner could have his/her license revoked or suspended would include which of the following?   show
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Who determines the scope of practice for health care practitioners?    show
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show mandatory or required  
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show accreditation  
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In order to be licensed, what must be completed after courses of study?   show
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show revoked; suspended  
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show senility, alcoholism, personal illness or injury, drug abuse, or other conditions that impair a health care professional’s ability to practice  
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How often are on-site surveys conducted by professional accrediting agencies?   show
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show scope of practice  
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Name 3 health care organizations that are accredited by TJC (The Joint Commission)   show
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Name 3 advantages of accreditation?   show
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show CAAHEP (Commission on Accreditation of Allied Health Education Programs)  
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Which organization provides accreditation to Physical Therapists and Physical Therapy Assistants?   show
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What do practice acts define?   show
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show Patient records  
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show Every 2 years Note: Every other type of organization must be surveyed at least every 39 months (3 years and 3 months)  
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What are state laws written for the express purpose of governing the practice of specific health care professions?   show
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Medical schools are accredited by whom?   show
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show Internet  
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show 30  
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show executive officer, attorneys, investigators  
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Where will physician assistants find their practice act information?   show
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How often do states revise their medical practice acts?   show
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show 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  
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Funding for state professional boards comes from   show
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In a revocation or suspension hearing, the physician has the right to _____________ through the court system for any decisions made.   show
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show insurance companies, drug manufacturers, and supplies of equipment  
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show system in which financing, administration, and delivery of health care are linked to provide medical services to subscribers for a prepaid fee.  
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show intent to deceive  
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show As a salaried employee of the HMO  
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show set fees  
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show a single incident of alleged incompetence.  
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show physician-hospital organization (PHO)  
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show many require choosing a primary care physician (PCP), Physician referrals needed to see out of network provider, May be higher out of network charges  
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Name two features of a managed health care plan;   show
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Who is responsible for directing all of a patient's medical care and determining whether the patient should be referred for specialty care?   show
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show group and staff model  
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show improved quality of care, enhanced patient access, and shared decision-making  
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Which plan requires higher out-of-pocket costs if a provider is outside the group?   show
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Which of the following are part of physician-hospital organizations?   show
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show Open Access plan (OAP)  
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show NCQA, AAAHC, TJC or URAC  
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Physician-hospital organizations are a type of   show
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show Act-utilitarianism  
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show Justice  
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show Role Fidelity  
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show When people are born, they have no values in place.  
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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?   show
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show It brings about positive results when generalized to a wide variety of situations.  
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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?   show
🗑
show 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?   show
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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?   show
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The oversight of all educational accrediting bodies in higher education is done by   show
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Which of the following is not sufficient grounds for revoking a medical license?   show
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show The Joint Commission  
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show Licensure  
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A health care profession that is certified may find the scope of practice for that profession in the __________ practice act.   show
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The largest integrated health care system in the United States is (are)   show
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Many hospitals, neighborhood health clinics, and some Blue Cross Blue Shield companies are examples of   show
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A valid out-of-state license is accepted as the basis for issuing a license in a second state without reexamination. This is called   show
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show State licensing boards   
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Coinsurance is   show
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Who governs the administrations of health care and all other national matters derived from powers and responsibilities?   show
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show Introduce legislation that compels people to pay taxes  
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show 3 - Three branches of government  
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What power is exclusive to the state government?   show
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True or false: Legal precedents apply mostly to future court cases.   show
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What are the three branches of government?   show
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show Approve or disapprove any people the president recommends for jobs, Approve or disapprove any treaties the president makes  
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show checks and balances  
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For what 3 reasons can the courts review statutes?   show
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What are two functions of the national government?   show
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show Legal precedents  
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What is administrative law?   show
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show False Note: Civil and criminal laws MOST LIKELY pertain/apply to health care practitioners.  
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What is one function the House of Representatives has the power to do?   show
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show A law passed by the U.S. Congress or state legislatures  
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show State legislatures, Congress, The president  
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What law involves offenses against the state or sovereignty, committed or omitted, in violation of a public law forbidding or commanding them?   show
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show Reading someone their Miranda rights  
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show 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  
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show Arson, Robbery, Practicing medicine without a license  
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show The state  
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What are 3 examples of tort actions?   show
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show Defines the rules used to enforce substantive law  
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show Punitive damages  
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What is considered a federal criminal offense?   show
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What provides protection from the wrongful acts of another person?   show
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Under principles of negligence when does civil liability exist?   show
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show hold elections  
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What are the two types of torts?   show
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show the person guilty of a tort  
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show Trial courts, Appellate courts, Local courts  
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Negligence is charged when a health care practitioner fails to exercise _________ and a patient is injured.   show
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What type of court would hear a court martial?   show
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Which term is defined as a civil wrong committed against a person or property, excluding breach of contract?   show
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show the government  
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True or False. Each state court system has its own rules and regulations.   show
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show 4 - Four Note: Agreement, consideration, legal subject matter, contractual capacity  
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What type of contract can be indicated in either written or spoken words?   show
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show U.S. Claims Courts  
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show abandonment  
🗑
True or false: Attorneys only represent defendants.   show
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show written warning or written notice  
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show A voluntary agreement between two parties in which specific promises are made for a consideration.  
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show Provide time to find another physician, File a copy of the notification of withdrawal from the case in the patient's chart  
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What are the two main types of contracts   show
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show The FDCPA  
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What contract is most often used in the medical office?   show
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Name 3 reasons why a physician can stop seeing a patient?   show
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show Payment of services, Quality management, Case management review, Illness and disease prevention  
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Name any two steps that are required to properly terminate the physician-patient relationship?   show
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show Regulation Z  
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Which contract is created by conduct of the parties? Implied or Expressed   show
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show Specialize, Not treat patients outside the physician’s specialty, Set up an office wherever he or she chooses  
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show The managed care plan will no longer pay for the subscriber's visits to this physician.  
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show PPACA - Patient Protection and Affordable Care Act  
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When should specialists treat someone outside their specialty?   show
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show To request to examine their bill, Confidentiality, To refuse treatment  
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On average, approximately what percentage of people leave the hospital against doctor's advice?   show
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What year was the Patients' Bill of Rights created?   show
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show agent (employee)  
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What word best describes the term "liable"?   show
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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.   show
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show Speak with patients or their representatives, File insurance claims, Schedule appointment  
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Generally, if an action or omission within the scope of a clinician's job could potentially cause harm, the patient is owed a __________.   show
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show law of agency  
🗑
show other physicians / health practitioners  
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Agency has that employers are ______ liable for the acts of their employees performed as part of their employment.   show
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show 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?   show
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show A deviation from accepted standard of care occurred  
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show implied  
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What is the obligation of health care professionals to patients and, in some cases, nonpatients called?   show
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show malfeasance  
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show Their standard of care is the same as other specialists. They have higher standards than general practitioners.  
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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?   show
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What are 3 guidelines that demonstrate physicians operating within their scope of their practices?   show
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For res ipsa loquitur to apply, what 3 elements must be included?   show
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show Unintentional tort of negligence  
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show tort  
🗑
What is an example of malfeasance?   show
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show Beneficiaries  
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What does misfeasance mean?   show
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show defendant  
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What term means that an act was an obvious case of negligence?   show
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What are two benefits of pretrial screenings?   show
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Damages awarded in a tort case are in the form of which of the following?   show
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show 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  
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A person who brings forth charges in a lawsuit is called the   show
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What statutes are based on a law and given to a patient's beneficiaries when death results due to a practitioner's negligence?   show
🗑
show 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?   show
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What is the consequence of not responding to a summons?   show
🗑
show About 1/2 or 50% or 25 states  
🗑
What is typically the second step in a malpractice lawsuit?   show
🗑
show change of venue  
🗑
show defendant  
🗑
show 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?   show
🗑
After the defendant's attorney files an answer to the summons, the defendant may also file what type of document?   show
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What is issued to command a witness to bring medical records to court?   show
🗑
What are some of the benefits of pretrial screenings?   show
🗑
show Interrogatory phase  
🗑
show discovery depositions, depositors in lieu of trial  
🗑
show sworn testimony  
🗑
What is one action that would support best practice if you are subpoenaed to testify in court?   show
🗑
What is an interrogatory?   show
🗑
show Med-arb, Mediation, Arbitration  
🗑
What happens if someone fails to obey a subpoena?   show
🗑
show Attorneys' fees and damage awards are high. All facts should be brought out in a court of law.  
🗑
show 90% of the time  
🗑
show consent  
🗑
Before testifying, what should the witness refresh his or her memory about?   show
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show The patient's guardian  
🗑
show ADR (alternative dispute resolution)  
🗑
show They reduce the expenses of settling a claim, They are time efficient  
🗑
show patient education  
🗑
show 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  
🗑
show competent  
🗑
In some states, what does a woman need to be clearly informed of prior to giving informed consent to an abortion?   show
🗑
show 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?   show
🗑
show 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?   show
🗑
When should a physician seek a therapeutic course?   show
🗑
Should practitioners and facilities try to cover up mistakes, they could lose accreditation by which body?   show
🗑
show Use at least two forms of patient identifiers when taking or administering blood  
🗑
show 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   show
🗑
What do all physicians/employers have to do carefully with their employees?   show
🗑
show 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?   show
🗑
What will show a patient that a health care practitioner is caring and interested?   show
🗑
What is the legal and ethical response when a health care mistake is made?   show
🗑
Medical staff who answer the phone need to know   show
🗑
TJC recommends confirming which of the following prior to any surgery or invasive procedure?   show
🗑
show Being straightforward  
🗑
show that the alarms can be heard over other loud noises, that the alarms are set appropriately, regular checking of the alarms.  
🗑
show 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?   show
🗑
show return patients' phone calls, advise patients over the phone, and record information in patients' charts.  
🗑
show Use terms the patient will understand  
🗑
show A health care practitioner, Next of kin, Designated representative  
🗑
show 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.   show
🗑
show An authorized representative, The patient  
🗑
show The physician's attorney, The court  
🗑
show 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?   show
🗑
What describes denial as a defense strategy?   show
🗑
show 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  
🗑
show Tact, Good judgment, Professionalism  
🗑
show Contact legal authorities  
🗑
show Denial  
🗑
show 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?   show
🗑
Which of the following identifies problem practices and avoid litigation?   show
🗑
In creating a plan to manage risk, what should be considered?   show
🗑
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.   show
🗑
What is liability insurance?   show
🗑
Technical defenses include what?   show
🗑
What may impact the cost of liability insurance premiums for physicians?   show
🗑
What 3 activities may affect the likelihood or course of litigation in risk management?   show
🗑
What is a type of liability insurance that covers the insured only for those claims made while the policy is in force?   show
🗑
show risk management  
🗑
What is occurrence insurance also known as?   show
🗑
show No more than the established amount  
🗑
show tail coverage or prior acts coverage  
🗑
Physicians may drop their ________ insurance if the premiums get too high   show
🗑
What following identifies problem practices and avoid litigation?   show
🗑
show During the year the policy was in force  
🗑
show Occurrence insurance  
🗑
show 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?   show
🗑
show 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?   show
🗑
Tail coverage protects a physician when which type of policy expires?   show
🗑
show criminal law   
🗑
show executive orders.   
🗑
show 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   show
🗑
show Patient Care Partnership: Understand Expectations, Rights, and Responsibilities  
🗑
There are ______ branches of the federal government.   show
🗑
Assault is defined as   show
🗑
Both parties in the physician-patient relationship have certain rights and responsibilities. Which of the following is a physician responsibility?   show
🗑
A nurse who steals drugs from a medication cart is committing an offense under what kind of law?   show
🗑
show administrative laws.   
🗑
show negligence  
🗑
When no written contract exists, who chooses an arbitrator to resolve disputes?   show
🗑
The definition of liability is   show
🗑
A deposition may be taken in which phase of the lawsuit?   show
🗑
Alternative dispute resolution has become increasingly popular over the years. What is the reason for this increase?   show
🗑
show Patient education  
🗑
show Duty or Duty of Care  
🗑
show 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?   show
🗑
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?   show
🗑
show Having hospital privileges.   
🗑
Patients sue for a variety of reasons. Which of the following is not one of the top recurring reasons patients sue?   show
🗑
show Physician specialty and dollar amount covered by the policy.  
🗑
show The patient's damage award would be reduced by 35%.  
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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?   show
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show Denial  
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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?   show
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Methods used to manage risk are considered a part of which of the following?   show
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When the defense claims that the patient's actions caused or contributed to the injury, this is called a(n)   show
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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   show
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