Legal Concept of Medical Practice

What is a Tort?
A civil wrong committed against a person or property excluding breach of contract.
Must involve injury, damage to property, or deprivation of civil liberties.
May be intentional or unintentional.
What is a Tortfeasor?
Person guilty of a tort.
List the 4 C’s of medical Malpractice
Caring
Communication
Competence
Charting
A health care practitioner who practices the “four Cs of medical malpractice prevention” finds two important benefits related to one of the “Cs”—that is, improvement in patients’ medical conditions and the decreased likelihood that they will sue. Which “C” is most likely to provide these benefits?
Caring.
The highest law in our country is
The U.S. Constitution.
What is not sufficient grounds for revoking a medical license?
Misdiagnosis.
As employers, physicians have general liability for many aspects of their business. What does not fall under the responsibility of the employers?
Employees driving to and from the workplace.
For legal purposes, the health care professional should know that if it isn’t in writing and explained completely and accurately, it wasn’t done. To which of the “4 Cs of medical malpractice prevention” does this statement refer?
Charting.
The statutes in all 50 states that govern the practice of medicine are called
Medical Practice Acts
Unethical behavior is always
Unacceptable
A surgeon removes the wrong kidney from a patient. The patient can sue under which of the legal doctrines?
Res Ipsa Loquitur “The thing Speaks for Itself”
A patient has not paid the balance due after insurance payments. The practice manager has sent numerous reminders and the patient has not contacted the practice At this point the practice manager
May have the physician sign a letter of dismissal with 30 days to find a new physician
Unlawful acts are always
Unethical
What is an example of a B-need in Maslow’s hierarchy of human needs
A medical assistant needs to be respected by his/her fellow medical assistants.
Risk management is a process to
Minimize danger, hazard, and liability
Instead of going to court, two parties in dispute agree to a neutral third party listening to both sides of the argument and helping to resolve the dispute. What is the term for this type of dispute resolution?
Mediation
Amanda is a nurse in Dr. Smith’s pediatric practice. She accidently gives a patient the wrong medication. Dr. Smith is held responsible under:
Respondeat Superior “Let the Master Answer”
Under the provisions in the Affordable Care Act, insurance companies must cover dependent children up to age
26
What do professional organizations create to govern their members?
Code of Ethics
Give an example of an action that an employer would be responsible for under respondeat superior?
An employee accidentally prescribes the wrong medication.
A physician is caring for an indigent 37-year-old male patient with no health insurance, who is admitted to the hospital with acute pancreatitis related to alcohol abuse. The administrator questions whether this patient is entitled to health care because he did not take responsibility for his actions leading to this condition and he has no health insurance plan. What is the ethical principle guiding the physician’s actions?
Justice
From what does an implied contract result?
The actions of the parties involved
Methods used to manage risks are considered a part of
Quality Assurance
What would be the best advice for a nurse caring for patients who have complained about their treating physician?
Listen carefully and see that the comments reach the physician.
A physician working in a nursing home warns the residents of an outbreak of a communicable disease and takes measures to protect them from exposure. This is an example of what principle?
Duty of Care
A doctor prescribes a placebo for a patient who he feels is complaining of pain that is not there. This is an example of a violation of what principle of health care ethics?
Veracity
The statute of limitations is:
Different depending on the state.
If a patient is injured because a health care professional failed to exercise the care and expertise that under the circumstances could reasonably be expected of a professional with similar experience and training, then that professional may be liable for:
Negligence
Both parties in the physician-patient relationship have certain rights and responsibilities. Which of the following is a physician responsibility?
Exercise his or her best professional judgment in all cases.
Which doctrine says a lawsuit cannot move forward if a certain period of time has elapsed?
Statute of Limitations
The definition of liability is:
The legal responsibility of competent adults for their own acts
A nurse practitioner is also a manager in a small practice with three physicians. One of the medical assistants comes to her and says that another employee is falsifying her work hours. The nurse practitioner knows that the two employees don’t get along. What would be the next step the nurse would take if following the problem-solving process?
Collect the facts.
What is an example of a privileged communication?
A patient tells her physician that she uses illegal drugs.
The Easy Collection Agency continues to call Susan at work to talk to her about her past due account at St. John’s Hospital. The Easy Collection Agency is violating which law?
Fair Debt Collection Practices Act
When entering into a contract, certain conditions must pertain to the offer. Which of the following accurately describes one of these conditions?
It must be communicated
What is the purpose of formalized codes of ethics in the health care professions?
To increase the competence within the profession
A certified medical assistant is constantly updating her knowledge and skills by attending in-services and seminars. This person is practicing which of the “4 Cs of medical malpractice prevention”?
Competence
Unintentionally, a health care provider fails to exercise what is considered ordinary care. This is called _____________ and the provider may be sued by the patient
Negligence
Practicing medicine without a license is an example of which of the following types of laws?
Criminal Law
In Abraham Maslow’s hierarchy of human needs, the need for basic life (food, shelter), a safe environment, and to belong and be loved are designated “D” needs. What does “D” stand for?
Deficiency
Another term for legal responsibility is
Liability
Just over 41 percent of respondents in a study done by Charles Vincent said that certain actions after a patient’s injuries might have prevented litigation. Which of the following is the highest-rated action that might prevent litigation?
An explanation and apology
Laws applying specifically to the practice of medicine in a certain state are called
Medical Practice Acts
In health care practices, ethics and laws often interconnect with risk management measures. What accurately describes one of these concepts?
Risk management involves choices to reduce potential liability
Assault is defined as:
The open threat of bodily harm
Which of these credentials is mandatory for certain health professionals to practice in their field?
Licensure
A new employee in a large medical practice is looking for the professional etiquette staff members are expected to follow. Which would be the best source for learning these rules?
The office policy manual
What is not an example of a violation of patient confidentiality?
A radiology technician discusses with the patient results of the x-rays.
A lab technician is speaking loudly about the reason a patient is having a blood test outside the patient’s door. What principle of health care ethics has the tech violated?
Confidentiality
Formed through the influences of family, culture, and society, these serve as the basis for ethical conduct:
Moral values
What instrument of risk management is particularly beneficial for following coding and billing regulations for Medicare, Medicaid, and other government plans?
Compliance plan
The plaintiff in a lawsuit is the:
Party filing the civil charges
A provider breaches duty of care to a patient this element of negligence is defined as
Dereliction
A valid out of state is accepted as the basis for issuing a license in a second state without reexamination
Reciprocity
All of the following guidelines are in place to help health care practitioners stay within their scope of practice and operate within the law except:
maintaining and disposing of regulated substances in compliance with government guidelines
According to the reasonable person standard as discussed in this chapter, in which of the following situations might a person be charged with negligence?
A nurse fails to document her administration of a patient’s medicine, and another nurse unknowingly
administers a second dose, which constitutes an injurious overdose for the patient.
Which of the following is an example of a physician using risk management to reduce the likelihood of a malpractice lawsuit against his office
Providing written job descriptions for employees
Which of the following is not a violation of patient confidentiality?
While the patient is in the waiting room, a nurse tells a patient his diagnosis.
A misdemeanor is
A less serious criminal act.
The first step in a critical thinking problem solving is to?
Clarify the problem.
What is not sufficient grounds for revoking a medical license?
Misdiagnosis.
Which list describes the elements of a contract?
Agreement, consideration, legal subject matter, and contractual capacity.
An X-ray technician witnesses a nurse diagnosing a medical problem for a patient. Which of the seven principles of health care ethics has this nurse violated?
Role Fidelity
A lab technician is speaking loudly about the reason a patient is having a blood test outside the patient’s door. What principle of health care ethics has the tech violated?
Confidentiality
A court of last resort is commonly known as
Supreme court
All of the following guidelines are in place to help health care practitioners stay within their scope of practice and operate within the law except
documenting care accurately for a fellow medical assistant
Which of the following theorists believed that human behavior is based on specific human needs that must often be met in a specific order?
Abraham Maslow
A surgeon removes the wrong kidney from a patient. The patient can sue under which of the following legal doctrines?
Res Ipsa Loquitur
Law may be defined as
Rules of conduct.
The defendant in a lawsuit is the
Party against who criminal or civil charges have been filed.
The plaintiff in a lawsuit is the
Party filing the civil charges.
Those responsibilities not set by the United States Constitution are left to the states. Which of the following is an exclusive power of state governments?
Issue licenses
If a patient is injured because a health care professional failed to exercise the care and expertise that under the circumstances could reasonably be expected of a professional with similar experience and training, then that professional may be liable for
Negligence
Etiquette rules used in the workplace are called
Protocol
Under the provisions in the Affordable Care Act, insurance companies must cover dependent children up to age ___.
26
Laws enacted by state or federal legislatures are called
common law
statutes
amendments
bills
A physician working in an emergency room is obligated to treat all the patients who come through the door. This is an example of which of the following concepts?
Duty of Care
From which of the following does an implied contract result
The actions of the parties involved
The failure to act when one should is called
Nonfeasance
Methods used to manage risk are considered a part of which of the following?
Quality Assurance
A radiology technician approaches a new patient and states: “I am Jennifer and I will be taking care of you today.” This is an example of which of the three “C’s”?
Courtesy.
A nurse practitioner is also a manager in a small practice with three physicians. One of the medical assistants comes to her and says that another employee is falsifying her work hours. The nurse practitioner knows that the two employees don’t get along. What would be the next step the nurse would take if following the problem-solving process?
Collect the facts.
Both parties in the physician-patient relationship have certain rights and responsibilities. Which of the following is a physician responsibility?
Exercise his or her best professional judgment in all cases.
A patient is properly cared for by the nurse practitioner. Which of the following describes one of the elements that the nurse practitioner has successfully met?
Duty
What do professional organizations create to govern their members?
codes of ethics
A valid out-of-state license is accepted as the basis for issuing a license in a second state without reexamination. This is called:
reciprocity