-
What term is a threat of bodily harm to another?
Assault
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What is the actual term for bodily harm to another person without permission?
Battery
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____________________ law concerns relationships between individuals or between individuals and the government.
Civil
-
What type of law or laws are made to protect the public as a whole from harmful acts of others?
- Criminal law - falls into 2 groups:
- 1. Felony
- 2. Misdemeanor
-
What is a deceitful practice?
Fraud
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What type of law is a wrongful act that is commited against one person or property that results in harm?
A tort
-
What are the 4 D's of negligence?
- 1. Duty (physician-client relationship)
- 2. Dereliction (neglet of duty)
- 3. Direct cause (breach of duty)
- 4. Damages (any injuries received by the patient)
-
What can a doctor be charged with if he doesn't give notice to a patient of withdrawal from their case?
Patient abandonment
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This _____________________ asserts that the physician must provide the same knowledge, care, and skill that a similarily trained physician would provide under the same circumstances in the same locality.
Standard of care
-
_____________________ means that the plaintiff must provide that the defendants acts (or failure to act) directly caused the injury.
Proximate cause
-
When a physician abandons apatient, it is an offense under which type of law?
Civil
-
Patients of which religious preference probably refuse a blood transfusion?
1. Catholic
2. Jewish
3. Hindu
4. Christian scientist
5. Muslim
4. Christian scientist
-
Which of the following lists the ethics of a MA?
1. Hippocratic oath
2. AMA Code of Ethics
3. AAMA Code of Ethics
4. The patient's Bill of Rights
3. AAMA Code of Ethics
-
HIPAA protects which patient right?
Confidentiality
-
What expression describes that the physician is liable for the behavior of the MA?
Respondeat superior - "let the master answer"
-
If a MA is sued in court, the standards of care to which he or she would be compared would be that of ___________________?
Seasoned medial assistant
-
What must be documented in writing before undergoing surgery?
Informed consent
-
Which of the following does NOT emancipate minors?
1. Living on their own
2. Being married
3. Being self-supporting
4. Being in the armed forces
5. Having sexual relations
5. Having sexual relations
-
Which of the following is NOT one of the four D's of negligence?
1. Direct cause
2. Drug abuse
3. Damages
4. Duty
5. Dereliction of duty
2. Drug abuse
-
____________ law is made to protect the public as a whole from the harmful acts of others.
Criminal
-
______________ law is concerned with a breach or neglect of an understanding between two parties.
Contract
-
What law falls under civil law and covers acts that result in harm to another?
Tort
-
A violation of the personal liberty of another person through unlawful restraint is known as?
False imprisonment
-
Physicians are expected to perform the same acts that _________________ and ________________ prudent physicians would perform.
-
If the physician violates the standard of care he or she is liable for _________________?
Negligence
-
HIPAA - defined as the ____________________?
Medical Patient's Rights Act
-
Who developed the Patient's Bill of Rights?
American Hospital Association
-
What does the Patient's Bill of Rights describe?
The patient-physician relationship
-
What are the classifications of the Law?
- 1. Criminal
- 2. Civil
- 3. International
- 4. Military
-
Are felonies or misdemeanors less serious?
Misdemeanors - punishment of fines or imprisonment in jail for up to a year.
-
What can a conviction of a felony carry?
A punishment of imprisonment in a state or federal prison or a death sentence
-
What happens if a physician is convicted of a crime?
Their license may be revoked or taken away
-
What is the practice of medicine?
Diagnosing and prescribing treatment or medication
-
What does civil law include?
- 1. Contract law
- 2. Tort law
- 3. Administrative law
-
What is contract law?
Includes enforceable promises and agreements between two or more persons to do or not do a particular action
-
What is administrative law?
Covers regulations that are set by government agencies
-
What is included in intentional torts?
- 1. Assault
- 2. Battery
- 3. False imprisonment
- 4. Defamation of character
- 5. Fraud
- 6. Invasion of privacy
-
What is "reasonable person standard?"
Exercising the type of care that a "reasonable" person would use in a similar circumstance
-
What is contribulatory negligence?
It relates to the patient's contribution to the injury
-
What is a contract?
A voluntary agreement that two parties neter into with the intent of mutual benefit for both parties
-
What are the four parts of a contract?
- 1. Offer
- 2. Acceptance
- 3. Consideration
- 4. Competence
-
What is a breach of contract?
It occurs when either party fails to comply with the terms of the agreement
-
What are the reasons for a premature termination of the physician-patient contract?
- 1. Failure to pay for services
- 2. Missed appointments
- 3. Failure to follow instructions
- 4. Patient states (orally or in writing) that he or she is seeking the care of another physician
-
What is the purpose of punitive damages?
Meant to punish the person for behavior
-
What is the purpose of nominal damages?
A penalty that is not a high monetary value is given to punish
-
What is the purpose of compensary damages?
A penalty, usually monetary, to compensate the person for damage
-
What does res ipsa loquitur?
The thing speaks for itself - applies to the law of negligence
-
What is malpractice?
Professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, or damage to the patient
-
What is statute of limitations?
The period of time (varies from state to state) during which a patient may file a lawsuit
-
What is guardian an litem?
An adult who will act in court on behalf of the child
-
What is the rule of discovery?
When the statute of limitations starts after the discovery of an error
-
Good samaritan laws.
State laws that help protect a health care professional from liability while giving emergency care to an accident victim. It encourages physicians and other health care professionals to offer CPR and first aid, as needed.
-
What is defamation of character?
A scandalous statement about someone that can injure the person's reputation
-
What is slander?
It occurs when the defamation statement is spoken
-
What is libel?
It occurs when the defamation statement is written
-
What does the phrase "Quid pro quo" mean?
Giving something for something else - pertains to workplace sexual harrassment
-
What are the exceptions (special cases) to the rights minors?
- 1. Pregnancy
- 2. Request for birth control
- 3. Abortion
- 4. Testing and treatment for sexual transmitted diseases
- 5. Problems with substance abuse
- 6. Need for psychiatric care
-
What are the two types of minors that can give consent for treatment?
- 1. Mature minor
- 2. Emanciapated minor
-
Name the three documents of the Patient Self-Determination Act.
- 1. Living Will
- 2. Durable Power of Attorney
- 3. Uniform Anatomical Gift Act
-
What is an advance directive?
A document that allows patients to request that life-sustaining treatments and nutrional support not be used to prolong their life - includes the duarable power of attorney
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