Medical Law and Ethi
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| show | Advances in bioethical studies
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| A _________ is defined as a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. | show 🗑
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| show | summary judgement
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| Why does the government enact laws? | show 🗑
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| show | -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
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| show | False
Misleading
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| show | Criminal
Civil
Medical practice
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| Which of the following is NOT a basic right of today's health care consumers? | show 🗑
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| show | A tradition of limited government
A belief in self-reliance
An emphasis on personal liberty
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| What are some characteristics of a law? | show 🗑
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| show | Law
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| show | Malpractice
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| show | Code of Ethics
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| show | Criminal statutes
Civil statutes
State practice acts
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| show | Moral Values
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| show | Law
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| Why does the government enact laws? | show 🗑
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| Where would a health care professional find ways to deal with ethical situations in their profession? | show 🗑
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| What is a code of ethics? | show 🗑
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| A medical practitioner can risk the loss of income or practice as a result of which behavior? | show 🗑
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| Licensed health care professionals convicted of violating which types of laws may lose their license to continue practicing medicine? | show 🗑
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| show | Medicine
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| If a health care practitioner is unable to solve an ethical issue, they can contact | show 🗑
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| show | Enforced by a controlling authority
Formally recognized as binding
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| show | Principles for dealing with situations in an ethical manner.
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| show | medical ethicists.
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| Members of professional organizations such as American Medical Association (AMA) and American Association of Medical Assistants (AAMA) accused of unethical conduct are subject to | show 🗑
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| show | Biological
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| What are the standards of behavior considered to be good manners among a group of professionals? | 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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| show | Protocol
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| show | bioethicists.
medical ethicists.
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| Which of the following are often cited as the most vital to the professional success of health care practitioners? | show 🗑
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| A medical practitioner can risk the loss of income or practice as a result of which behavior? | show 🗑
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| show | Courtesy
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| show | A policy manual
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| show | Empathy
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| If a health care practitioner is unable to solve an ethical issue, they can contact | show 🗑
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| show | 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?
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| What must health care practitioners acquire a working knowledge of and a tolerance for? | show 🗑
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| Patients have the right to respect and _____ | show 🗑
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| If you can see which solution or action makes good sense in a given situation, you are said to have | show 🗑
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| show | sympathy
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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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| show | people skills
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| show | Protocol
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| Proficiency in computer literacy, English, science, and mathematics is an example of _______ | show 🗑
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| show | Courtesy
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| Health care practitioners use critical thinking skills when working through problems by using fewer emotions and more ______ thinking skills. | show 🗑
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| Common sense is somewhat difficult to define because it can have different meanings for different _______ | show 🗑
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| show | Insensitivity when dealing with others
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| show | technical skills.
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| show | Helpfully
Ethically
Legally
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| Bioethics is concerned with | show 🗑
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| show | Moral values
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| show | Etiquette rules
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| show | Increase in the number of lawsuits.
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| show | With the advancement of medical technology, patients expect favorable outcomes.
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| show | evolved primarily to serve as moral guidelines for those who provide care
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| Ethics may be defined as | show 🗑
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| show | To help avoid legal entanglements.
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| show | party against whom criminal or civil charges have been filed.
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| A precedent is a(n) | show 🗑
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| What term means values that are formed through the influence of the family, culture, and society? | show 🗑
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| show | 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
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| show | personal value
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| show | Jean Piaget
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| show | Pre-conventional morality
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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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| show | balancing individual and group rights
making a personal commitment to principles like social justice
choosing principles over authority if the two come into conflict
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| In Maslow's hierarchy of needs, the need for esteem comes after which step? | show 🗑
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| show | How values can be subjective
How two moral people can reach different solutions to the same problem
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| show | Culture
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| show | Utilitarianism
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| show | 4th
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| show | Is when children start to accept authority
Is when children recognize more than one point of view on right and wrong
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| What do universal principles include? | show 🗑
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| Values can be __. | show 🗑
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| What type of utilitarianism is based on results that will produce the greatest balance of good over evil? | show 🗑
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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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| Which 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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| show | Pre-conventional morality
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| What is a categorical imperative based upon? | show 🗑
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| Who is the most well-known ethicist to write about virtue ethics? | 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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| show | Advocacy
Patient education
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| What is duty-oriented theory often called? | show 🗑
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| show | autonomous
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| Choose the principle that means that there are no exceptions from the rule. | show 🗑
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| show | paternalism
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| In Kohlberg's moral development theory, which stage of post-conventional morality focuses on the social contract and individual rights? | show 🗑
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| show | Virtue ethics
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| What are acts performed by a health care practitioner to help people stay healthy or recover from an illness? | show 🗑
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| show | Nurses should not question authority
Nurses follow physicians orders
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| show | benefit; harm
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| What is the capacity to be one's own person and make decisions without being manipulated by external forces called? | show 🗑
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| A paternalistic view of patient care threatens a patient's __. | show 🗑
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| In Kohlberg's moral development theory, post-conventional morality consists of __. | show 🗑
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| What is the first duty of health care practitioners as defined by beneficence? | show 🗑
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| If an individual is provided his or her due, it is called __. | show 🗑
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| show | Nonmaleficence
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| show | disparity
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| show | Health care practitioners
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| show | role fidelity
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| show | The distribution of scarce resources and the expense of providing them do not allow us to provide all care for all patients.
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| 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? | show 🗑
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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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| Examples of professions that require a state license include | show 🗑
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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 | Boundary violations
Personal incapacity
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| show | Licensure
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| Licensure is a ______credentialing process established by law. | show 🗑
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| show | accreditation
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| show | licensure
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| show | Periodically
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| show | Poor documentation or record keeping
Patient abuse
Sexual misconduct
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| show | At least every 39 months
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| Which of the following are examples of professional or personal incapacity? | show 🗑
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| 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? | show 🗑
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| show | 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
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| show | Patient records
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| What organization serves as an accrediting agency for health care practitioner education programs? | show 🗑
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| show | Critical access hospitals
Home care organizations
Nursing care facilities
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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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| show | 30
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| show | accreditation
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| What do practice acts define? | show 🗑
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| show | LCME.
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| When were medical practice acts first passed? | show 🗑
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| Who is responsible for revising each state's medical practice acts? | show 🗑
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| show | CAPTE
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| Most boards include which of the following? | show 🗑
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| show | Give conditions for license renewal
Explain requirements and methods for licensure
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| What organization serves as an accrediting agency for health care practitioner education programs? | show 🗑
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| show | Medical practice acts
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| show | Internet
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| A health care professional could be considered guilty of fraud if what can be shown? | show 🗑
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| 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 | show 🗑
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| What are some of the things licensed health care providers are entitled to before their license is revoked or suspended? | show 🗑
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| show | Stock
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| show | a network that coordinates and refers patients to its health care providers.
monitoring of the amount and patterns of care delivered.
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| General types of HMO models include | show 🗑
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| show | Falsifying medical licenses or credentials
Falsifying medical reports
Billing a government agency for services not rendered
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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 | The VHA
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| show | preferred provider organizations.
preferred provider associations.
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| Managed care organizations are a | show 🗑
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| the managed care plan that is allowed to contract directly with employers to provide health care services is the | show 🗑
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| show | HMO
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| Which of the following allows a subscriber to see any in-network health care provider without a referral? | show 🗑
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| insufficient grounds for license revocation include | show 🗑
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| show | set fees
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| show | Nursing homes
Laboratories
Surgery centers
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| Who directs all of a patient's medical care and generates any referrals to specialists or other health care practitioners? | show 🗑
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| How are physicians in PGPs paid? | show 🗑
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| show | enhanced patient access.
improved quality of care.
shared decision-making.
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| Which of the following statements describe a point-of-service plan? | show 🗑
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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 is one of the accrediting agencies that review PCMH? | show 🗑
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| show | Legislative
Executive
Judicial
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| What does the House of Representatives have the power to do? | show 🗑
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| Checks and balances exist to ensure that power is equally distributed between how many branches of government? | show 🗑
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| show | Hold elections
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| show | The court that made the original decision
A higher court
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| show | The three branches of government
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| show | Approve or disapprove any treaties the president makes
Approve or disapprove any people the president recommends for jobs
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| For what reason can the courts review statutes? | show 🗑
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| show | That one branch will not assume too much power
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| show | OSHA
SSA
IRS
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| Which of the following are functions of the national government? | show 🗑
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| True or false: Legal precedents apply mostly to future court cases. | show 🗑
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| show | Defines the rules used to enforce substantive law
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| show | President
Governor
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| What entities are able to create an administrative law? | show 🗑
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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 | Arson
Practicing medicine without a license
Robbery
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| show | False
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| show | Civil law
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| What is a statutory law? | show 🗑
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| The body of criminal law involves a crime against who? | show 🗑
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| Examples of torts would be which of the following actions? | show 🗑
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| Which of the following are functions of the national government? | show 🗑
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| show | Punitive damages
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| Which of the following is considered a federal criminal offense? | show 🗑
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| Under principles of negligence when does civil liability exist? | show 🗑
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| show | A business
Another person
The government
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| What do typical court systems consist of? | show 🗑
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| show | True
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| show | True
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| What type of court would hear a court martial? | show 🗑
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| show | ordinary care
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| show | False
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| What type of family matters are involved in a civil suit? | show 🗑
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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 | Expert
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| show | Tort
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| What are the main types of contracts? | show 🗑
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| show | U.S. Claims Courts
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| The party that must show that he or she was wronged or injured in a court of law is the __ | show 🗑
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| show | abandonment.
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| show | Four
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| show | Each state court system has its own rules and regulations.
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| show | Written notification by certified mail with return receipt
Note the need for continuing care to the patient
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| A contract that is explicitly stated in written or spoken words is an | show 🗑
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| show | Failure to keep scheduled appointments
Failure to follow physician's instructions
Failure to pay for services
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| show | The FDCPA
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| The contract between a physician and patient is usually terminated under which circumstances? | show 🗑
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| Which of the following are the proper steps to terminate the physician-patient relationship? | show 🗑
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| Which contract is created by the conduct of the parties? | show 🗑
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| show | Expressed
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| For what purposes do insurance providers have access to patients' medical records? | show 🗑
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| show | The date each payment is due
The amount of each payment
Any interest charges to be made
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| show | abandonment.
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| show | Specialize
Set up an office wherever he or she chooses
Not treat patients outside the physician's specialty
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| show | The Patient Care Partnership
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| show | Implied
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| Terminating a physician's services extends to the right of hospitalized patients to leave prior to being discharged. This is called leaving ____ _____ _____ | show 🗑
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| What happens to the patient-physician relationship if a physician terminates his or her contractual relationship with a managed care plan? | show 🗑
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| show | Regulation Z
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| show | In an emergency situation
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| show | 1973
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| On average, approximately what percentage of people leave the hospital against doctor's advice? | show 🗑
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| 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 ____ _____ _____ | show 🗑
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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 | The employer
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| Agency is most often __ in a health care setting. | show 🗑
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| show | duty of care
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| show | agent/agents
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| show | Responsible
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| Which of the following statements describes the standards for specialists? | show 🗑
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| show | intention
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| show | Accurate documentation
Prepare and maintain health records
Helping to develop and maintain personnel, policy, and procedure manuals
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| Health care practitioners act as their employers' agents when they do which of the following? | show 🗑
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| When health care practitioners are sued for medical malpractice, what generally does that mean? | show 🗑
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| show | Duty of care
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| show | malfeasance
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| show | Keeping regulated substances until they expire
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| What is the basis for most liability claims in medicine? | show 🗑
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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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| 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 | Res ipsa loquitur
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| show | A medical assistant dispenses a prescription and injury occurs
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| show | Monetary compensation
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| What does misfeasance mean? | show 🗑
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| Which of the following refers to the level of performance expected of a health care practitioner in carrying out his or her professional duties? | show 🗑
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| Which party in a lawsuit is being accused? | show 🗑
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| For res ipsa loquitur to apply, which of the following elements must be included? | show 🗑
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| What percentage of states require pretrial screening before plaintiffs pursue medical malpractice litigation in civil court? | show 🗑
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| show | tort
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| What is typically the second step in a malpractice lawsuit? | show 🗑
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| f a patient dies as a result of the negligence of a health care practitioner, who may receive a financial award? | show 🗑
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| The person who brings forth charges in a lawsuit is called the | show 🗑
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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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| show | Civil
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| Identify benefits of pretrial screenings. | show 🗑
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| show | A patient feels injured
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| A person or party that criminal or civil charges are brought against in a lawsuit is called the | show 🗑
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| A complaint is filed with the clerk of the court during what phase of a lawsuit? | show 🗑
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| show | The performance of a lawful act in an illegal or improper manner.
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| show | Counter-claim
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| show | Obtains expert witness report stating the standard of care was violated
Submits an affidavit
Reviews appropriate standard of care
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| show | The amount of money sought
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| show | Change of venue
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| What does a deposition contain? | show 🗑
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| show | Clerk
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| show | They save costs to both parties.
They discourage cases that are not based on merit.
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| show | Plaintiff or defendant
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| During what phase is a trial date set? | show 🗑
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| show | Pretrial
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| What happens if someone fails to obey a subpoena? | show 🗑
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| show | Loss of the case by default
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| What are ways testimony can be given? | show 🗑
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| show | Circumstances, dates times
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| show | A written set of questions requiring written answers
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| What is the term when either party in a lawsuit asks that the trial be held in another place? | show 🗑
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| show | fines and imprisonment
🗑
|
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| What is a technique for resolving civil disputes without going to court? | show 🗑
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| show | 90%
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| Which action would support best practice if you are subpoenaed to testify in court? | show 🗑
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| show | They are time efficient
They reduce the expenses of settling a claim
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| If a patient cooperates with testing or treatment, it is assumed that the patient has provided what type of consent? | show 🗑
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| show | Interrogatory phase
🗑
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| show | Med-arb Arbitration Mediation
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| show | A minor who is living away from home and responsible for his/her own support.
🗑
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| show | All facts should be brought out in a court of law.
Attorneys' fees and damage awards are high.
🗑
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| show | Consent
🗑
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| show | Competent
🗑
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| show | 24 hours
🗑
|
||||
| show | Alternative dispute resolution
🗑
|
||||
| show | Good Samaritan Acts
🗑
|
||||
| What are some of the requirements in regards to the fourth C of Medical Malpractice Prevention, Charting? | show 🗑
|
||||
| show | Select, Delegate carefully, Supervise
🗑
|
||||
| When should a physician seek a therapeutic course? | show 🗑
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||||
| What is the legal and ethical response when a health care mistake is made? | show 🗑
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| What is the TJC's accreditation rule about improving the accuracy of patient identification? | show 🗑
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| Documentation is.... | show 🗑
|
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| show | Qualifications, Experience, Training
🗑
|
||||
| What methods should a physician use to diagnose and treat a patient? | show 🗑
|
||||
| show | Joint Commission
🗑
|
||||
| TJC recommends confirming which of the following prior to any surgery or invasive procedure? | show 🗑
|
||||
| show | 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? | show 🗑
|
||||
| show | Good nonverbal communication techniques
Good listening skills
🗑
|
||||
| For an autopsy to be performed, who would typically sign the informed-consent form? | show 🗑
|
||||
| show | Failure to follow safety procedures
Errors in medication administration
Billing disputes
🗑
|
||||
| When explaining an illness, what should a health care practitioner do? | show 🗑
|
||||
| Who can sign an informed-consent form? | show 🗑
|
||||
| show | The court &
The physician's attorney
🗑
|
||||
| show | 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? | show 🗑
|
||||
| show | The appropriate standard of care was met, given the emergency situation
A true emergency situation existed and was not caused by the defendant
🗑
|
||||
| show | Contact legal authorities
🗑
|
||||
| Which of the following describes denial as a defense strategy? | show 🗑
|
||||
| What type of defense is based on legal technicalities instead of factual evidence? | show 🗑
|
||||
| show | 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. | show 🗑
|
||||
| Quality improvement is a method used in which of the following? | show 🗑
|
||||
| show | Insufficient evidence exists to support negligence
Statute of limitations has run out
🗑
|
||||
| show | Contract coverage for potential damages incurred as a result of a negligent act
🗑
|
||||
| show | A physician can lose their credentialing
A physician can be dropped from a hospital
🗑
|
||||
| show | 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? | show 🗑
|
||||
| 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? | show 🗑
|
||||
| show | Tail , Prior, Acts
🗑
|
||||
| Physicians may drop their _______ _______ if the premiums get too high. | 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 | Occurrence insurance
🗑
|
||||
| What is the determining factor in claims-made malpractice insurance? | show 🗑
|
||||
| show | Claims-incurred insurance
🗑
|
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JFowler007