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Legal Considerations
| Question | Answer |
|---|---|
| What is a binding custom or ruling for conduct that is enforceable by an agency assigned that authority? | Law |
| What is the highest authority in the U.S.? | U.S. Constitution |
| What are the three branches of government called? | Executive, Legislative and Judicial |
| Which branch is made up of the President, Vice President, Cabinet officers and various other dept. of the government? | Executive |
| Which branch is made up of the members of the Senate and House of Reps and the staffs of individual legislators and legislative committees? | Legislative |
| Which branch is made up of the courts, including the U.S. Supreme Court, Courts of Appeals for the nine judicial regions, and the District Courts? | Judicial |
| The body of laws made by states is known as? | Statutory law |
| Which law was developed by judges and is often called judge-made laws? | Common law |
| Which law addresses wrongs committed against the welfare and safety of society as a whole? | Criminal law |
| What is conduct that is illegal or contrary to an official's obligation? | Malfeasance |
| What are the two categories of criminal offenses? | Felony and Misdemeanor |
| What are more serious crimes and include murder, larceny or thefts of large amounts of money, assault and rape? | Felonies |
| What are considered lesser offenses and vary from state to state? | Misdemeanors |
| Which law affects relationships between individuals, corporations, government bodies and other organizations? | Civil law |
| What refers to a lawful act that is improperly or unlawfully executed? | Misfeasance |
| What refers to the failure to perform an act, official duty or legal requirement? | Nonfeasance |
| When a charge is brought who is it against? | Defendant |
| Who is the person bringing charges? | Plaintiff |
| Which law establishes agencies that are given power to specialize and enact regulations that have the force of law? | Administrative law |
| Health care professionals are bound by which law due to the Medicare and Medicaid program rules? | Administrative law |
| Which Act protects employees from sexual harassment and a hostile work environment? | Title VII of the Civil Rights Act of 1964 |
| The office of ________ guidelines make the employer strictly liable for the acts of supervisory employees, as well as for some acts of harassment by coworkers and clients? | Equal Employment Opportunities Commission (EEOC) |
| Which Act states that an employer with 15 or more employees must not discriminate in matters of employment related to age, sex, race, creed, marital status, national origin, color or disabilities? | Federal Age Discrimination Act or 1967 |
| Which Act allows persons 18 years and older and of sound mind to make a gift of all or any part of their body to any hospital, surgeon, physician, accredited medical or dental school, organ bank or storage facility and to any individual for research? | Uniform Anatomical Gift Act of 1968 |
| Which Act requires that an agreement by providers and their clients for payment of medical bills in more than four installments must be in writing and must provide information on any finance charge? | Regulation Z of the Consumer Protection Act of 1967 |
| Which Act is a division of the U.S. Dept of Labor and it's mission is to ensure that a workplace is safe and has a healthy environment? | Occupational Safety and Health Act of 1967 (OSHA) |
| Which Act is administered by the DEA and lists controlled drugs in five schedules according to their potential for abuse and dependence? | Controlled Substances Act of 1970 |
| Which schedule drug has the greatest abuse potential and no accepted medical use in the U.S.? | Schedule I |
| Which Act prohibits discrimination preventing individuals who have physical or mental disabilities from accessing public services and accommodations, employment and telecommunications? | Americans with Disabilities Act of 1990 |
| Which Act is important for large ambulatory care centers and hospitals and requires all public employers and any private employer of 50 or more employees to provide up to 12 weeks of job-protected, unpaid leave each year? | Family and Medical Leave Act of 1993 |
| Which Act requires the Dept. of Health and Human Services to adopt national standards for electronic health care transactions and also requires the adoption of privacy and security standards to protect an individual's identifiable health information? | Health Insurance Portability and Accountability Act of 1996 (HIPAA) |
| HIPAA law is identified in how many titles? | Seven |
| What is a binding agreement between two or more persons? | Contract |
| When does a contract exists between provider and patient? | When the provider starts treatment |
| What are the two types of contracts? | Expressed and Implied |
| Which contract can be written or verbal and specifically describes what each party in the contract will do? | Expressed |
| Which contract is indicated by actions rather than by words? | Implied |
| Which type of contract is the majority of provider-patient contracts? | Implied |
| In order for a contract to be valid and binding , the parties who enter into it must be what? | Competent |
| Medical assistants are considered ______ of the employers they serve, and as such must be cautious that their actions and words may become binding for their employers? | Agents |
| What are the three types of termination of contracts? | 1) The patient discharges the provider 2) The provider formally withdraws from patient care 3) The patient no longer needs treatment and is formally discharged by the provider |
| Unless a formal discharge or withdrawal has occurred, a provider is obligated to care for a patient until what? | The patient's condition no longer requires treatment |
| What is a wrongful act other than a breach of contract resulting in injury to one person by another? | Tort |
| Each state has ________ that regulate the practice of medicine with the intent of protecting its citizens from harm? | Medical practice acts |
| What governs licensure, standards of care, professional liability and negligence, confidentiality and torts? | Statutes |
| All health care providers have the responsibility and duty to perform within their scope of training and to always do what any reasonable and prudent health care professional in the same specialty or general field of practice would do is known as? | Standard of Care |
| What is defined as the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances? | Negligence |
| What is professional negligence? | Malpractice |
| What are the Four D's of Negligence? | 1) Duty 2) Derelict 3) Direct cause 4) Damage |
| Which of the Four D's is duty of care? | Duty |
| Which of the Four D's is breach of the duty of care? | Derelict |
| Which of the Four D's is a legally recognizable injury occurs as a result of the breach of duty of care? | Direct cause |
| Which of the Four D's is wrongful activity must have caused the injury or harm that occurred? | Damage |
| What are the two major classifications of torts? | Intentional and Negligent Torts |
| Which tort are deliberate acts of violation of another's rights? | Intentional Torts |
| Which tort are not deliberate and are the result of omission and commission of an act? | Negligent Torts |
| What does res ipsa loquitur mean? | "The thing speaks for itself" |
| What does respondeat superior mean? | "Let the master answer" |
| What are the three most common torts that can occur in the office or clinic? | 1) Battery 2) Defamation of Character 3) Invasion of Privacy |
| What is the unprivileged touching of one person by another? | Battery |
| What consists of injury to another person's reputation, name or character through spoken or written words for which damages can be recovered? | Defamation of Character |
| What are the two kinds of defamation of character? | Libel and Slander |
| What is the false and malicious writing about another? | Libel |
| What is false and malicious spoken words? | Slander |
| For a tort of defamation of character to exist a third party must what (hint 2 things)? | 1) See or Hear the words 2) And understand their meaning |
| What includes unauthorized publicity of patient information, medical records being released without the patient's permission and knowledge, and patients receiving unwanted publicity and exposure to public view? | Invasion of Privacy |
| What are the three things medical assistants should do in order to uphold patient privacy? | 1) Close door, curtain or provide a screen when looking, handling or examining the patient 2) Expose only body parts necessary for treatment 3) Discuss patients with no one except those involved in the patient's care |
| It is not an invasion of privacy to disclose information when? | Subpoena or by statute to protect the public health and welfare as in reporting a violent crime |
| What is the consent given by a patient who is made aware of any procedure to be performed, its risks, expected outcomes and alternatives? | Informed consent |
| What occurs when there is a life-threatening emergency, or the patient is unconscious or unable to respond and when a patient's actions are showing they comply with the procedure? | Implied Consent |
| What means that a patient is found by a court to be insane, inadequate or to not be an adult? | Legal Incompetence |
| Who is a person who has not reached the age of majority which is 18 - 21 years old? | Minor |
| What is the term used for those younger than 18 who are free of parental care and are financially responsible, married, become parents or join the Armed Forces? | Emancipated minors |
| What is the term for those who are under 18 who are able to understand and appreciate the nature and consequences of treatment despite their young age? | Mature minor |
| True or False - Nearly every state allows minors to give consent for treatment for pregnancy, drug or alcohol addiction and STDs? | True |
| What makes the medical assistant and the provider-employer less vulnerable to litigation? | Risk management |
| What is the process of taking a lawsuit or a criminal case through the courts? | Litigation |
| What is an order from the court naming the specific date, time, and reason to appear? | Subpoena |
| What is the time in which both parties are allowed access to all the information and evidence related to the case? | Time of Discovery |
| What is a written set of questions that can come from either the plaintiff or the defendant? | Interrogatory |
| What is an oral testimony taken with a court report present in a location agreed on by both parties? | Deposition |
| What is the term used for one who has enough knowledge and experience in a field to be able to testify to what is the reasonable and expected standard of care? | Expert Witness |
| What can be held before a judge or before a judge and a jury? | Trial |
| What most commonly begin at the time a negligent act was committed, when the act was discovered or when the care of the patient and the provider-patient relationship ended? | Statute of Limitations |
| True or False - All medical providers have a duty to the public to report diseases and injuries that jeopardize public health and welfare? | True |
| What are the six diseases or injuries that are required by law to be reported? | 1) AIDS 2) Knife or Gunshot wound 3) Child Abuse 4) Elder Abuse 5) Intimate Partner Violence 6) Rape |
| What is the law that allows the rendering of first aid by health care professionals at the scene of an accident or sudden injury as long as the stay within their scope of training without fear of being sued? | Good Samaritan Law |
| What are legal documents in which patients indicate their wishes in the case of a life-threating illness or serious injury, also known as a living will? | Advance Directives |
| What is to be completed by a health care provider based on the patient's preferences on the type of life-sustaining treatment wanted and medical indications? | Physician Orders for Life-Sustaining Treatment or POLST |
| What document allows a patient to name another person as the offical spokeperson for the patient should the patient be unable to make health care decisions? | Durable Power of Attorney for Health Care |
| What applies to all health care institutions receiving payments from Medicare and Medicaid that requires that all adults receiving health care from these institutions be given the opportunity to provide information about their wishes in advance directive? | Patient Self-Determination Act |
Created by:
tsloan81
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