Pod Law

Different kinds of insurance polices (make sure you always compare them) - An occurrence insurance policy does not provide insurance coverage for any treatment or surgery you performed on a patient
True False

Written permission by a patient's guardian is required before a patient's medical record is sent to a 3rd party
True False

states statue require podiatrist to retain medical records for a mandated period of time after 7 years from the date of the last medical service rendered
True False

A patient has a right to access medical records and attain photo copies without the use of a subpoena

Punitive damages (a claim to punish the doctor, never covered by any insurance company/policies) are generally not covered by insurance and used by a plaintiff to attempt to collect portions of the doctor's asset
True False

Business arrangements with lab imaging facilities or clinics which provide payment for each visit by patient, are fair or permissible by law

The use of maintenance and safety precautions for office radiology are not regulated by state law, and at discretion of the individual podiatrist based on individual training
True False

Doctrine of informed consent depends on negligence

The parent's role in medical decision making for for their children is not absolute
True False

In group practice, through a partnership each general partner is liable for the conduct of any other partner or employee of the corporation (are you responsible for their conduct?)
True False

Do you have to tell your patient of all the reasonable alternative procedure you are performing

It is required that you obtain informed consent in an emergency situation

Is a mentally disturbed patient able to give informed consent?

Is the doctrine of informed consent based on battery?

If you do not obtain informed consent are you responsible for any and all damages that the patient may suffer from a procedure

The 2-year statute of limitations for a 5-year old patient does not start until the patient reaches the age of 18
True False

the two year statute of limitation for a 5-year old patient does not start until

discovery rule

A contingent fee (lawyer says you want to sue x, if you recover and we get a verdict, I will get 40% after expenses of what we recover) exists in medical malpractice case, where the fee is based on the successful outcome at the conclusion of the case
True False

A deposition involves a collection of testimony of party or witness not taken under oath put in front of a court before a trial begins
True False

Legal documentation filed in a lawsuit which contained complaints, preliminary objection and answers are called pleadings
True False

Based on legal principle of vicarious liability, a podiatrist's employee cannot ever expose that podiatrist to liability for non-negligent actions of the employee
True False

A causal relationship must be established between the doctor's breaches standard of care; Need negligence and causation
True False

In medical malpractice cases, based on the res ipsa loquitur theory (the thing speaks for itself), the plaintiff must produce expert testimony
True False

Alternative risks and complications in which a reasonably proven patient would require necessary to make an informed decision does not include every possible remote fact or outcome of surgery
True False

Statute of limitations provide that a person cannot normally proceed unless started within a certain time period
True False

Inserting a surgical device or appliance such as a screw or pin does not need a patient's informed consent
True False

Administration of medication is not normally considered a treatment for which podiatrists need to gain consent
True False

The discovery process in litigation includes getting medical records, taking deposition, and answering questions.
True False

An arbitration is a legal process in which damages for malpractice cases must be less than or equal to 50k and decided by the power of 3 attorneys, have an automatic right to appeal
True False

A summons contains a brief chronology of the patients's treatment and alist the reasons why the doctors being sued, does not talk about anything regarding the case...

In PA, podiatrists can be notified of a lawsuit which contains allegations of negligence
True False

Podiatrist must be concerned that any civil litigation may become public knowledge, via the newspaper
True False

Criminal medical malpractice a plaintiff proves their case beyond a reasonable doubt for a jury
True False

Standard of care applicable to a podiatrist that must exercise a degree of care...
True False

Plaintiff has burden of proof in a podiatry malpractice action
True False

Burden of proof in a civil malpractice requires a plaintiff to prove beyond a reasonable doubt
True False

Alleged negligent conduct of a podiatrist may consist to act or a duty to act, when there is a duty to do so
True False

If a patient is more than 50% comparatively negligent in a civil malpractice action, the jury will not give monetary reward to the plaintiff
True False

A physician's decision to utilize 1 or 2 or more of accepted methods of treatment for a patient cannot serve as a basis for finding negligence in PA (2 school of thought)
True False

A podiatrist may only prescribe those medication which are permitted by the PA state statue on administration and prescription drugs
True False

Type of advertising allowed for podiatrists is regulated by state statute
True False

The doctrine of informed consent only applies to surgical procedures

A claims made insurance policy with the same claims carrier only covers the doctor for treatment and policy period and filed in the court within that policy period
True False