Ch 3 Flashcards

1
Q

the state of being legally responsible for the harm one causes another person

A

liability

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2
Q

the failure to use ordinary or reasonable care

A

negligence

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3
Q

part of an official job description

A

duty of care

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4
Q

to establish negligence an individual making the complaint must establish what four things

A

1) duty of care existed
2) conduct of the defendant fell short of the standard of care
3) the defendant cause the injury to occur
4) personal, property, or punitive damages occur

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5
Q

legal wrongs committed against a person

A

tort

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6
Q

when an individual fails to perform a legal duty

A

nonfeasance

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7
Q

an individual commits an act that is not legally his or her to perform

A

malfeasance

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8
Q

An individual improperly does something he or she has the legal right to do

A

misfeasance

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9
Q

what is an example of nonfeasance

A

an ATC fail to refer a seriously injured patient to proper medical attention

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10
Q

what is an example of malfeasance

A

the ATC performs a therapeutic treatment that violates the practice of another licensed health care professional resulting in injury

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11
Q

what is an example of misfeasance

A

the ATC incorrectly administer a treatment technique they were trained on

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12
Q

when the athletic trainer is sue they are sued for what 2 things

A

tort of neglience

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13
Q

what is an example of negligence

A

same as misfeasance

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14
Q

neither the government nor any individual who is employed by the government can be held liable for negligence

A

sovereign immunity

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15
Q

true or false

level of protection afforded by sovereign immunity does not vary from state to state

A

false vary significantly

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16
Q

provides limited protection against legal liability to any person who chooses to provide first aid, however it does not apply to someone who has a duty to act as dictated by the nature of their job

A

Good Samaritan law

17
Q

This sets a specific length of time an individual may sue for damages

A

statute of limitations

18
Q

how longs does an individual until he can no longer sue for negligence

A

1-5 years

19
Q

the individual through express or implied agreement assumes that some or danger is involved in the particular undertaking. In other words a person takes his or her own chances

A

assumption of risk

20
Q

product liability claims can be based on what 3 things

A

negligence
strict liability
breach of warrant of fitness

21
Q

true or false

warning labels on football helmets inform the player of possible dangers inherent in using the product

A

true

22
Q

is nonfeasance often referred to as omission or comission

A

omission

23
Q

is malfeasance often referred to as omission or commission

A

commission

24
Q

cost for catastrophic insurance are based on what two things

A

number of sports and the number of hazardous sports offer by the school

25
Q

what is offered to cover school employees, officers, and the district against suits claiming malpractice, wrongful actions, errors and omission and act of negligence

A

errors and omissions liability insurance

26
Q

what percentage of HMO generally pay for medical cost as long as care is rendered at an HMO facility

A

100%

27
Q

what is Point of Service Plan (POS) a combination of

A

HMO (health maintenance organization)and PPO (preferred provider organization)

28
Q

the federal health insurance program for aged and disabled people

A

medicare

29
Q

the health insurance program for people with low incomes and limited resource and founded by the government

A

medicaid

30
Q

the form of reimbursement used by managed care providers

A

Capitation

31
Q

what are the two forms of claim

A

HCFA-1500 and UB-92

32
Q

this is an government issues identification number for individual health care providers and provider organization

A

national provider identifier

33
Q

how many number does the NPI make up

A

10 digit numeric identifier