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Medical Law and Ethi

Term	Definition
Which of the following societal and medical trends is NOT resulting in legal and ethical dilemmas for health care practitioners, patients, and society?	Advances in bioethical studies
A _________ is defined as a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.	law
A _______ ___________ is a decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial because there is no genuine issue of material fact.	summary judgement
Why does the government enact laws?	To control behavior that could threaten public safety & to keep society moving smoothly
Health care equipment product dealers and manufacturers can be held responsible for defective devices and products through which of the following charges?	-Breach of warranty -Fraud or intentional deceit -Strict liability for cases in which defective products threaten the personal safety of consumers -Statements made by the manufacturers about the device or product that are found to be untrue
An important issue in deciding drug injury cases is whether or not the drug manufacturer made what types of statements to win FDA approval?	False Misleading
Licensed health care professionals convicted of violating which types of laws may lose their license to continue practicing medicine?	Criminal Civil Medical practice
Which of the following is NOT a basic right of today's health care consumers?	The right to always have favorable treatment outcomes
What are some influences that shaped American democracy and Americans' views of providing for the general welfare?	A tradition of limited government A belief in self-reliance An emphasis on personal liberty
What are some characteristics of a law?	Formally recognized as binding Enforced by a controlling authority
Something that is enacted to keep society running smoothly and to control behavior that could threaten public safety is a ____.	Law
Which of the following are circumstances where health care equipment dealers and manufacturers cannot be charged?	Malpractice
Which of the following governs the behavior of an organization's members and increases their level of competence?	Code of Ethics
What types of laws or other legislation affect health care practitioners?	Criminal statutes Civil statutes State practice acts
One's personal concept of right and wrong, formed through the influence of the family, culture, and society is called ___ _____.	Moral Values
A _____ is defined as a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.	Law
Why does the government enact laws?	To control behavior that could threaten public safety To keep society moving smoothly
Where would a health care professional find ways to deal with ethical situations in their profession?	An ethics guideline book
What is a code of ethics?	A list of principles intended to govern behavior
A medical practitioner can risk the loss of income or practice as a result of which behavior?	Being unethical
Licensed health care professionals convicted of violating which types of laws may lose their license to continue practicing medicine?	Criminal Medical practice Civil
In what area of science does bioethics especially focus?	Medicine
If a health care practitioner is unable to solve an ethical issue, they can contact	a medical ethicist. the institutional ethics committee. a bioethicist.
What are some characteristics of a law?	Enforced by a controlling authority Formally recognized as binding
What do ethics guideline publications offer for dealing with situations in an ethical manner?	Principles for dealing with situations in an ethical manner.
Bioethicists are also called	medical ethicists.
Members of professional organizations such as American Medical Association (AMA) and American Association of Medical Assistants (AAMA) accused of unethical conduct are subject to	expulsion from the organization. peer council review. suspension from the organization.
A discipline dealing with the ethical implications of _______ research methods and results is called bioethics.	Biological
What are the standards of behavior considered to be good manners among a group of professionals?	Etiquette
Health care professionals can resolve the majority of ethical issues by using their own intuitive sense of ______.	ethics moral values
What is a code that prescribes correct behavior in a specific situation?	Protocol
The specialists who consult with physicians and researchers to help them make difficult ethical decisions are called	bioethicists. medical ethicists.
Which of the following are often cited as the most vital to the professional success of health care practitioners?	Courtesy
A medical practitioner can risk the loss of income or practice as a result of which behavior?	being unethical
The practice of good manners is called?	Courtesy
What is a code prescribing professional etiquette that staff members are expected to follow in a medical office?	A policy manual
If someone has compassion, they also have what attribute?	Empathy
If a health care practitioner is unable to solve an ethical issue, they can contact	the institutional ethics committee. a medical ethicist. a bioethicist.
Which of the following are examples of protocols?	When another physician telephones, does the receptionist put the call through without delay? What is the protocol in the diagnostic testing office when the technicians get behind because of a late patient or a repair to an X-ray machine?
What must health care practitioners acquire a working knowledge of and a tolerance for?	Individual characteristics Human nature
Patients have the right to respect and _____	courtesy
If you can see which solution or action makes good sense in a given situation, you are said to have	common sense.
If you feel sorry for another person's plight, you are experiencing	sympathy
Health care professionals can resolve the majority of ethical issues by using their own intuitive sense of ______.	moral values ethics
If someone has a relaxed attitude when meeting people, they are said to have the trait of _______ _______. .	people skills
What is a code that prescribes correct behavior in a specific situation?	Protocol
Proficiency in computer literacy, English, science, and mathematics is an example of _______	technical skills
Which of the following are often cited as the most vital to the professional success of health care practitioners?	Courtesy
Health care practitioners use critical thinking skills when working through problems by using fewer emotions and more ______ thinking skills.	rational
Common sense is somewhat difficult to define because it can have different meanings for different _______	people.
Which of these attributes do not support someone who has people skills?	Insensitivity when dealing with others
The abilities acquired during the course of study of science and mathematics are also known as	technical skills.
A health care practitioner is expected to approach a problem at work in a manner that lets them act in what manner?	Helpfully Ethically Legally
Bioethics is concerned with	ethical implications of biological research methods and results.
Formed through the influences of family, culture, and society, which of these serve as the basis for ethical conduct?	Moral values
Which of the following is/are not enacted by government?	Etiquette rules
What is the meaning of the term litigious?	Increase in the number of lawsuits.
The health care professional who studies law and ethics gains perspective on current issues that affect health care practice. Which of the following accurately describes one of those issues?	With the advancement of medical technology, patients expect favorable outcomes.
Written codes of ethics for health care practitioners	evolved primarily to serve as moral guidelines for those who provide care
Ethics may be defined as	principles, standards, and a guide to conduct.
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?	To help avoid legal entanglements.
The defendant in a lawsuit is the	party against whom criminal or civil charges have been filed.
A precedent is a(n)	case that serves as a model for future cases.
What term means values that are formed through the influence of the family, culture, and society?	Morals
Beginning with the first step on the top, list Maslow's hierarchy of needs in order.	Basic Life - food and shelter Safe and secure environment to belong and be loved Esteem- status responsibility and recognition are important self-actualization for personal growth and fulfillment
An individual tends to move from needs-based motivation to a _____ ______ system that develops from childbirth.	personal value
Who is one of the most famous researchers on the stages of development from childhood to adulthood?	Jean Piaget
What was Kohlberg's first major level of moral development called?	Pre-conventional morality
What are referred to as standards of behavior developed as a result of one's concept of right and wrong?	Ethics
In Kohlberg's moral development theory, post-conventional morality consists of __	balancing individual and group rights making a personal commitment to principles like social justice choosing principles over authority if the two come into conflict
In Maslow's hierarchy of needs, the need for esteem comes after which step?	Belong and to be loved
Value development theories—like those of Maslow and Piaget—do not account for which of the following circumstances?	How values can be subjective How two moral people can reach different solutions to the same problem
The value system we develop as we grow and mature is dependent on what type of framework?	Culture
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?	Utilitarianism
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?	4th
What are the characteristics of Pre-conventional morality?	Is when children start to accept authority Is when children recognize more than one point of view on right and wrong
What do universal principles include?	Equal rights Social justice Respect for others
Values can be __.	based on past experiences based on religious beliefs subjective
What type of utilitarianism is based on results that will produce the greatest balance of good over evil?	Act-utilitarianism
Which of Piaget's stages of development occurs when children see the world from their own perspective?	Preoperational or egocentric stage
Which value theory states that the rightness or wrongness of the act depends on its intrinsic nature and not the outcome?	Duty-oriented
What was Kohlberg's first major level of moral development called?	Pre-conventional morality
What is a categorical imperative based upon?	A determined principle
Who is the most well-known ethicist to write about virtue ethics?	Alasdair MacIntyre
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?	Act-utilitarianism
Today, virtues for nurses focus on which of the following?	Advocacy Patient education
What is duty-oriented theory often called?	Deontological theory
If a person has the capacity to make decisions based on one's own reasons and motives, not manipulated or dictated to by external forces, they are said to be	autonomous
Choose the principle that means that there are no exceptions from the rule.	Categorical imperative
Substituting the medical provider's opinion of what is best for the patient is called	paternalism
In Kohlberg's moral development theory, which stage of post-conventional morality focuses on the social contract and individual rights?	First stage
What is the name of the theory that states that people who with virtues will make the right decisions?	Virtue ethics
What are acts performed by a health care practitioner to help people stay healthy or recover from an illness?	Beneficence
What were past virtues for nurses?	Nurses should not question authority Nurses follow physicians orders
Under nonmaleficence and the principle of double effect, the __ of any treatment must always outweigh the __.	benefit; harm
What is the capacity to be one's own person and make decisions without being manipulated by external forces called?	Autonomy
A paternalistic view of patient care threatens a patient's __.	autonomy
In Kohlberg's moral development theory, post-conventional morality consists of __.	choosing principles over authority if the two come into conflict balancing individual and group rights making a personal commitment to principles like social justice
What is the first duty of health care practitioners as defined by beneficence?	Promote health for the patient above all other considerations.
If an individual is provided his or her due, it is called __.	justice
Which one of the seven principles of health care ethics does the Hippocratic oath support?	Nonmaleficence
A health difference that is closely linked with economic, environmental, or social disadvantage is called a(n) __.	disparity
Who are in the most likely position to violate confidentiality rules?	Health care practitioners
Being faithful to the scope of the services for which you are licensed, certified, or registered is called __.	role fidelity
What is an argument regarding health care entitlement that many people would understand?	The distribution of scarce resources and the expense of providing them do not allow us to provide all care for all patients.
Based on social condition, what is striving for the highest possible standard of health for all with special attention to the needs of those at greatest risk called?	Health equity
The Health Information Portability and Accountability Act (HIPAA) mandates the privacy and confidentiality of what type of health information?	Computerized medical information Medical records
Examples of professions that require a state license include	registered nurse. physical therapist. physician.
In order to be licensed, what must be completed after courses of study?	Examinations
icenses for health care professionals can be _____or ____under certain circumstances.	revoked suspended
Additional reasons whereby a health care practitioner could have his/her license revoked or suspended would include which of the following?	Boundary violations Personal incapacity
Who determines the scope of practice for health care practitioners?	Licensure
Licensure is a ______credentialing process established by law.	mandatory/required
Official authorization or approval for conforming to a specified standard is called _____	accreditation
Courses of study or degree programs are typically completed for _	licensure
How often are on-site surveys conducted?	Periodically
Which of the following are most common reasons for loss of license to practice for health care practitioners?	Poor documentation or record keeping Patient abuse Sexual misconduct
In order to maintain accreditation, an organization must undergo an on-site survey at what frequency?	At least every 39 months
Which of the following are examples of professional or personal incapacity?	Alcoholism Personal illness Senility
What is the determination of the duties/procedures that a person may or may not perform under the auspices of a specific health care professional's license?	Scope of practice
Which of the following are advantages of accreditation?	An assurance of high-quality standards at your school A better chance that credits will be accepted by another institution The opportunity to participate in federal and/or state financial aid programs
As part of the accreditation review process during the on-site survey, what are some areas the committees review?	Patient records
What organization serves as an accrediting agency for health care practitioner education programs?	CAAHEP
Which of the following are accredited by TJC?	Critical access hospitals Home care organizations Nursing care facilities
Additional reasons whereby a health care practitioner could have his/her license revoked or suspended would include which of the following?	Boundary violations Personal incapacity
CAAHEP oversees ______different allied health educational programs. (Give a number.)	30
Official authorization or approval for conforming to a specified standard is called	accreditation
What do practice acts define?	What is meant by the practice of the individual profession in each state.
Medical schools are accredited by	LCME.
When were medical practice acts first passed?	Colonial times
Who is responsible for revising each state's medical practice acts?	Each state
Which organization provides accreditation to Physical Therapists and Physical Therapy Assistants?	CAPTE
Most boards include which of the following?	Investigators An executive officer Attorneys
Which of the following are primary mandates of practice acts?	Give conditions for license renewal Explain requirements and methods for licensure
What organization serves as an accrediting agency for health care practitioner education programs?	CAAHEP
What are state laws written for the express purpose of governing the practice of specific health care professions?	Medical practice acts
Where can copies of state codes be found?	Internet
A health care professional could be considered guilty of fraud if what can be shown?	Intent to deceive
What are bodies established by the authority of each state's medical practice acts for the purpose of protecting the health, safety, and welfare of health care consumers through proper licensing and regulation of physicians and other health care practitio	Professional boards
What are some of the things licensed health care providers are entitled to before their license is revoked or suspended?	A written description of charges against them The right to present evidence A right to counsel
What is sold to make money in a publicly held corporation?	Stock
Features of a managed health care plan include	a network that coordinates and refers patients to its health care providers. monitoring of the amount and patterns of care delivered.
General types of HMO models include	group. staff.
What types of acts are generally classified as fraud?	Falsifying medical licenses or credentials Falsifying medical reports Billing a government agency for services not rendered
In a revocation or suspension hearing, the physician has the right to ____ through the court system for any decisions made.	appeal
What is the largest integrated health care system in the United States?	The VHA
Managed care plans that contract with a network of doctors, hospitals, and other health care providers who provide services for set fees are called	preferred provider organizations. preferred provider associations.
Managed care organizations are a	system in which financing, administration, and delivery of health care are linked to provide medical services to subscribers for a prepaid fee.
the managed care plan that is allowed to contract directly with employers to provide health care services is the	physician-hospital organization.
Under which plan are all health services delivered and paid for through one organization?	HMO
Which of the following allows a subscriber to see any in-network health care provider without a referral?	Open access plan
insufficient grounds for license revocation include	a single incident of alleged incompetence.
PPOs are managed care plans that contract with a network of doctors, hospitals, and other health care providers who provide services for	set fees
Which of the following are part of physician-hospital organizations?	Nursing homes Laboratories Surgery centers
Who directs all of a patient's medical care and generates any referrals to specialists or other health care practitioners?	Primary care physician (PCP)
How are physicians in PGPs paid?	As a salaried employee of the HMO
The goals of PCMH are to offer patients	enhanced patient access. improved quality of care. shared decision-making.
Which of the following statements describe a point-of-service plan?	May require choosing a PCP Patients need a referral to visit an out-of-network provider
Which plan requires higher out-of-pocket costs if a provider is outside the group?	PPO
Which is one of the accrediting agencies that review PCMH?	NCQA
3 branches of government	Legislative Executive Judicial
What does the House of Representatives have the power to do?	Introduce legislation that compels people to pay taxes
Checks and balances exist to ensure that power is equally distributed between how many branches of government?	3
Which power is exclusive to the state government?	Hold elections
Who can change legal precedents?	The court that made the original decision A higher court
Who governs the administrations of health care and all other national matters derived from powers and responsibilities?	The three branches of government
Which of the following are functions of the Senate?	Approve or disapprove any treaties the president makes Approve or disapprove any people the president recommends for jobs
For what reason can the courts review statutes?	Application Constitutionality Interpretation
What does the division of powers and responsibilities among the three branches of government ensure?	That one branch will not assume too much power
What agencies would follow regulations enacted by administrative law?	OSHA SSA IRS
Which of the following are functions of the national government?	Establish post offices Print money
True or false: Legal precedents apply mostly to future court cases.	True
What does procedural law define?	Defines the rules used to enforce substantive law
Who may veto a bill on the state and federal level before it becomes a law?	President Governor
What entities are able to create an administrative law?	The president State legislatures Congress
What law involves offenses against the state or sovereignty, committed or omitted, in violation of a public law forbidding or commanding them?	Criminal
Which of the following is considered to be a crime against a state?	Arson Practicing medicine without a license Robbery
True or false: Civil and criminal laws mostly apply to health care practitioners.	False
Which of the following provides protection from the wrongful acts of another person?	Civil law
What is a statutory law?	A law passed by the U.S. Congress or state legislatures
The body of criminal law involves a crime against who?	The state
Examples of torts would be which of the following actions?	Someone who has damaged someone's property Someone who has deprived someone of his/her personal freedom Someone who causes injury to another
Which of the following are functions of the national government?	Establish post offices Print money
If the conduct of the person committing the tort is judged to be malicious, what may be awarded?	Punitive damages
Which of the following is considered a federal criminal offense?	Kidnapping
Under principles of negligence when does civil liability exist?	In cases in which the act is determined to be wrongful
Under a civil law, whom might a person sue?	A business Another person The government
What do typical court systems consist of?	Appellate courts Local courts Trial courts
True or false: A tort may be willful or accidental.	True
True or false: If the conduct is determined to be malicious, then punitive damages may be awarded to the victim.	True
What type of court would hear a court martial?	Court of Military Appeals
Negligence is charged when a health care practitioner fails to exercise ____ ______ and a patient is injured.	ordinary care
True or false: Attorneys only represent defendants.	False
What type of family matters are involved in a civil suit?	Divorce Child support
What is a contract?	A voluntary agreement between two parties in which specific promises are made for a consideration.
This type of testimony is typically required in medical malpractice cases.	Expert
Which term is defined as a civil wrong committed against a person or property, excluding breach of contract?	Tort
What are the main types of contracts?	Expressed Implied
Which court hears cases from citizens involving claims against the federal government?	U.S. Claims Courts
The party that must show that he or she was wronged or injured in a court of law is the __	plaintiff
If a physician suddenly withdraws from treatment of a patient while the patient is still in need of medical care without arranging for substitute care, the physician may be charged with	abandonment.
To be legally binding, how many elements must be presented in a contract?	Four
Which statement about the court systems is correct?	Each state court system has its own rules and regulations.
Which of the following steps are required to properly terminate the physician-patient relationship?	Written notification by certified mail with return receipt Note the need for continuing care to the patient
A contract that is explicitly stated in written or spoken words is an	expressed contract.
For which reasons can a physician stop seeing a patient?	Failure to keep scheduled appointments Failure to follow physician's instructions Failure to pay for services
What are creditor practices governed by?	The FDCPA
The contract between a physician and patient is usually terminated under which circumstances?	When the bill has been paid When treatment has ended
Which of the following are the proper steps to terminate the physician-patient relationship?	File a copy of the notification of withdrawal from the case in the patient's chart Provide time to find another physician
Which contract is created by the conduct of the parties?	Implied
What type of contract can be indicated in either written or spoken words?	Expressed
For what purposes do insurance providers have access to patients' medical records?	Quality management Illness and disease prevention Case management review
What must be in a written credit agreement between a physician and a patient	The date each payment is due The amount of each payment Any interest charges to be made
If a physician suddenly withdraws from treatment of a patient while the patient is still in need of medical care without arranging for substitute care, the physician may be charged with	abandonment.
Under the provisions of the physician-patient contract, which of these does the physician have a right to?	Specialize Set up an office wherever he or she chooses Not treat patients outside the physician's specialty
What is the name of the brochure that was formally known as the "Patient Bill of Rights"?	The Patient Care Partnership
Which contract is most often used in the medical office?	Implied
Terminating a physician's services extends to the right of hospitalized patients to leave prior to being discharged. This is called leaving ____ _____ _____	Against Medical Advice (AMA)
What happens to the patient-physician relationship if a physician terminates his or her contractual relationship with a managed care plan?	The managed care plan will no longer pay for the subscriber's visits to this physician.
What is the legislation that protects consumers from fraudulent or deceptive hidden finance charges levied by creditors?	Regulation Z
When should specialists treat someone outside their specialty?	In an emergency situation
In which year was the Patients' Bill of Rights created?	1973
On average, approximately what percentage of people leave the hospital against doctor's advice?	0.8% to 2.2%
The common law situation in business where the employer authorizes an employee or agent to deal with a third party on the employer's behalf is called the ____ _____ _____	Law of Agency
Agency has that employers are _____ liable for the acts of their employees performed as part of their employment	Vicariously
If harm occurs when an employee performs acts as part of his/her employment, who may be liable, even if not present?	The employer
Agency is most often __ in a health care setting.	implied
Generally, if an action or omission within the scope of a clinician's job could potentially cause harm, the patient is owed a	duty of care
Law of agency is the law that governs the relationship between a principal and his or her______	agent/agents
Which of the following best describes the term liable?	Responsible
Which of the following statements describes the standards for specialists?	Their standard of care is the same as other specialists. They have higher standards than general practitioners.
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	intention
Which of the followings guidelines demonstrate physicians operating within their scope of their practices?	Accurate documentation Prepare and maintain health records Helping to develop and maintain personnel, policy, and procedure manuals
Health care practitioners act as their employers' agents when they do which of the following?	Schedule appointments File insurance claims Speak with patients or their representatives
When health care practitioners are sued for medical malpractice, what generally does that mean?	A deviation from accepted standard of care occurred
What is the obligation of health care professionals to patients and, in some cases, nonpatients called?	Duty of care
The performance of a completely wrongful and illegal act is called ____	malfeasance
All of the following guidelines help clinicians stay within the scope of their practice EXCEPT which of the following?	Keeping regulated substances until they expire
What is the basis for most liability claims in medicine?	Unintentional tort of negligence
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?	Misfeasance
Generally, if an action or omission within the scope of a clinician's job could potentially cause harm, the patient is owed a	duty of care
Which term means that an act was an obvious case of negligence?	Res ipsa loquitur
Which of the following is an example of malfeasance?	A medical assistant dispenses a prescription and injury occurs
Damages awarded in a tort case are in the form of which of the following?	Monetary compensation
What does misfeasance mean?	The performance of a lawful act in an illegal or improper manner.
Which of the following refers to the level of performance expected of a health care practitioner in carrying out his or her professional duties?	Standard of care
Which party in a lawsuit is being accused?	Defendant
For res ipsa loquitur to apply, which of the following elements must be included?	The patient must not have contributed to the act. The act of negligence must obviously be under the defendant’s control. It must be apparent that the patient would not have been injured if reasonable care had been used.
What percentage of states require pretrial screening before plaintiffs pursue medical malpractice litigation in civil court?	About 1/2
When a defendant is found guilty of a ____ the plaintiff is awarded damages	tort
What is typically the second step in a malpractice lawsuit?	The patient seeks an attorney
f a patient dies as a result of the negligence of a health care practitioner, who may receive a financial award?	Beneficiaries
The person who brings forth charges in a lawsuit is called the	plaintiff
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?	Misfeasance
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?	Civil
Identify benefits of pretrial screenings.	They discourage cases that are not based on merit. They save costs to both parties.
What is the first action of a malpractice lawsuit?	A patient feels injured
A person or party that criminal or civil charges are brought against in a lawsuit is called the	defendant.
A complaint is filed with the clerk of the court during what phase of a lawsuit?	Pleading phase
hat does misfeasance mean?	The performance of a lawful act in an illegal or improper manner.
After the defendant's attorney files an answer to the summons, the defendant may also file what type of document?	Counter-claim
What does the attorney do in a malpractice lawsuit after they believe the case has merit?	Obtains expert witness report stating the standard of care was violated Submits an affidavit Reviews appropriate standard of care
What element is included in the complaint filed during the pleading phase of a lawsuit?	The amount of money sought
What is the term when either party in a lawsuit asks that the trial be held in another place?	Change of venue
What does a deposition contain?	Sworn testimony
Who issues a summons?	Clerk
Identify benefits of pretrial screenings.	They save costs to both parties. They discourage cases that are not based on merit.
Who responds to an interrogatory?	Plaintiff or defendant
During what phase is a trial date set?	Interrogatory phase
During what phase of a lawsuit is a deposition given?	Pretrial
What happens if someone fails to obey a subpoena?	They can be charged with contempt of court.
What is the consequence of not responding to a summons?	Loss of the case by default
What are ways testimony can be given?	In court on the witness stand In an attorney's conference room
Before testifying, what should the witness refresh his or her memory about?	Circumstances, dates times
What is an interrogatory?	A written set of questions requiring written answers
What is the term when either party in a lawsuit asks that the trial be held in another place?	change of venue
What is the punishment for contempt of court?	fines and imprisonment
What is a technique for resolving civil disputes without going to court?	Alternative dispute resolution
How often are lawsuits settled out of court?	90%
Which action would support best practice if you are subpoenaed to testify in court?	Using layperson's terms when you speak
What are the pros for alternative dispute resolution?	They are time efficient They reduce the expenses of settling a claim
If a patient cooperates with testing or treatment, it is assumed that the patient has provided what type of consent?	Implied consent
During what phase is a trial date set?	Interrogatory phase
Which of the following are types of alternative resolution?	Med-arb Arbitration Mediation
What is an emancipated minor?	A minor who is living away from home and responsible for his/her own support.
What do critics say about alternative dispute resolutions?	All facts should be brought out in a court of law. Attorneys' fees and damage awards are high.
What is permission from a person, either expressed or implied, for something to be done by another?	Consent
Before proceeding with treatment, health care practitioners must determine whether or not the patients are ____ to give informed consent	Competent
How long must some women wait in some states before being able to sign a consent form for an abortion?	24 hours
What is a technique for resolving civil disputes without going to court?	Alternative dispute resolution
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?	Good Samaritan Acts
What are some of the requirements in regards to the fourth C of Medical Malpractice Prevention, Charting?	If it isn't in writing and explained completely and accurately, it wasn't done.
What do all physicians/employers have to do carefully with their employees?	Select, Delegate carefully, Supervise
When should a physician seek a therapeutic course?	When they have exhausted all reasonable methods of securing a diagnosis
What is the legal and ethical response when a health care mistake is made?	Report the mistake to attending physicians and supervisors Note it on the patient's record
What is the TJC's accreditation rule about improving the accuracy of patient identification?	Use at least two forms of patient identifiers when taking or administering blood
Documentation is....	proof or evidence
Based on what attributes is an employee expected to perform delegated tasks?	Qualifications, Experience, Training
What methods should a physician use to diagnose and treat a patient?	The least dangerous, Conservative
Should practitioners and facilities try to cover up mistakes, they could lose accreditation by which body?	Joint Commission
TJC recommends confirming which of the following prior to any surgery or invasive procedure?	Confirming the site, Confirming the patient
To improve the effectiveness of clinical alarm systems, TJC requires	regular checking of the alarms. that the alarms can be heard over other loud noises. that the alarms are set appropriately.
According to a 2018 Medscape Report, which of these are reasons that a patient might file a lawsuit?	Details are missing Desperation Billing disputes
hat should health care workers develop so that patients feel time spent with them is not rushed?	Good nonverbal communication techniques Good listening skills
For an autopsy to be performed, who would typically sign the informed-consent form?	Next of kin Designated representative
Which of the following are reasons that patients give when considering filing lawsuits?	Failure to follow safety procedures Errors in medication administration Billing disputes
When explaining an illness, what should a health care practitioner do?	Use terms the patient will understand
Who can sign an informed-consent form?	The patient, An authorized representative
If a lawsuit is filed against a physician, who should his/her employees speak to?	The court & The physician's attorney
Important times when a physician should insist on a professional consultation include	if the family is dissatisfied & if the patient is not doing well.
What is a defense that asserts innocence of wrongdoing of the charges called?	Denial
A doctor would not be held liable for care given to the victim in an emergency setting if the defense established which of the below?	The appropriate standard of care was met, given the emergency situation A true emergency situation existed and was not caused by the defendant
If a health care practitioner is in doubt about what should be recorded in a patient's record, what should they do?	Contact legal authorities
Which of the following describes denial as a defense strategy?	Declaration of innocence
What type of defense is based on legal technicalities instead of factual evidence?	Technical
What is a defense used by defendants in medical professional liability suits that allows the accused to present factual evidence that a patient's condition was caused by some factor other than the defendant's negligence?	Affirmative defense
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.	Common
Quality improvement is a method used in which of the following?	Risk management
Technical defenses include which of the following?	Insufficient evidence exists to support negligence Statute of limitations has run out
What is liability insurance?	Contract coverage for potential damages incurred as a result of a negligent act
What can happen if a physician drops liability insurance?	A physician can lose their credentialing A physician can be dropped from a hospital
Which of the following activities may affect the likelihood or course of litigation in risk management?	Prescription writing Patient scheduling Medical record charting
When considering claims-made insurance, when would a policy that is in force during the previous year cover claims?	claims incurred insurance
If a medical professional liability insurance policy covers a physician up to a certain established amount, in the event that the physician loses a lawsuit, what will the insurance company pay?	No more than the established amount
Once a claims-made policy is canceled, coverage does not continue in the future for any claims that might be reported unless _____ coverage or ____ ______ coverage is secured at the time the policy is canceled.	Tail , Prior, Acts
Physicians may drop their _______ _______ if the premiums get too high.	liability insurance
What is a type of liability insurance that covers the insured only for those claims made while the policy is in force?	Claims-made 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?	Occurrence insurance
What is the determining factor in claims-made malpractice insurance?	When the claim is made
What is occurrence insurance also known as?	Claims-incurred insurance

Created by: JFowler007

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