Chapter 2- Law and Ethics

Question 1

Common Law

Answer 1

Traditional laws outlined in the Constitution

Question 2

Stare Decisis

Answer 2

The previous decision stands

Question 3

4 Groups of Public Law

Answer 3

Criminal Law
Constitutional law
Administrative law
International law

Question 4

Criminal Law

Answer 4

Concerned with issues of citizen welfare and safety, e.g. arson, burglary, rape

Question 5

Constitutional law

Answer 5

commonly called the law of the land, e.g. abortion and civil rights.

Question 6

Administrative law

Answer 6

Regulations set forth by governmental agencies

Question 7

International law

Answer 7

Pertains to treaties between countries.

Question 8

Private law

Answer 8

AKA civil law, focuses on issues between private citizens

Question 9

Malpractice

Answer 9

An action by a professional health care worker that harms a patient

Question 10

Medicolegal

Answer 10

Legal issues involving the medical field

Question 11

4 reasons for rise in malpractice claims

Answer 11

Scientific advances
Unrealistic expectations
Economic factors
Poor communication

Question 12

Review responsibilities of the patient and physician

Answer 12

On page 29

Question 13

3 main goals of the patients bill of rights

Answer 13

• Help patients feel more confident in the US health care system
• Stress importance of a strong relationship betwween patients and health care providers
• Stress role patients play in staying healthy

Question 14

3 components of a contractual agreement

Answer 14

Offer
Acceptance
Consideration

Question 15

What must be present for a contract to be valid?

Answer 15

All 3 elements of a contract

Question 16

Implied contract

Answer 16

Not written, but assumed by the actions of the parties, most common kind b/w physicians and patients

Question 17

Express contracts

Answer 17

Can be written or oral, consist of specified details

Question 18

Info to be included in writing if physician wishes to cancel a patient relationship

Answer 18

• Statement of intent to terminate
• Reason for termination
• Termination date 30 days from receipt of letter
• State medical records will be transferred upon request
• Strong recommendation for patient to seek additional medical care

Question 19

Abandonment

Answer 19

Contract is not properly terminated by physician

Question 20

Locum tenens

Answer 20

Substitute physician

Question 21

Informed consent

Answer 21

AKA express consent, patient’s right to know every benefit, risk or alternative to suggested treatment and possible outcome if no treatment is done.

Question 22

When should patient NOT sign consent form

Answer 22

• Don’t understand procedure
• Has unanswered questions about procedure
• Unable to read consent form

Question 23

To whom do medical records belong?

Answer 23

Physician, but information belongs to patient

Question 24

Legally required disclosures

Answer 24

Responsibility of health care facilities to report certain events to governmental agencies without patient’s consent.

Question 25

Situations the fall under legally required disclosures

Answer 25

``` Vital statistics, Medical examiners reports, infectious or communicable disease, Abuse, neglect, or maltreatment Violent injuries Vaccine side effects ```

Question 26

Who sets limits on the the duties of a medical assistant?

Answer 26

The Physician-Employer

Question 27

Certification

Answer 27

Voluntary process regulated through a professional agency.

Question 28

3 types of malpractice

Answer 28

Malfeasance- incorrect treatment Misfeasance- treatment performed incorrectly Nonfeasance- treatment delayed or not attempted

Question 29

Tort

Answer 29

Wrongful acts resulting in harm for which restitution must be made

Question 30

Negligence

Answer 30

Failure to take reasonable precautions to prevent harm

Question 31

Res Ispa Loquitur

Answer 31

The thing that speaks for itself

Question 32

4 elements needed to prove negligence

Answer 32

- duty - Dereliction of duty - Direct Cause - Damage

Question 33

Intentional tort

Answer 33

-Act taking place with malice and intent of causing harm

Question 34

Duress

Answer 34

Being coerced into an act

Question 35

Care given without the patients consent constitutes?

Answer 35

Assault

Question 36

Tort law

Answer 36

Governs righting of wrongs or injuries because of another persons wrongdoing or misdeeds

Question 37

Who can sign a consent form?

Answer 37

Mentally competent adult, not under medication or other substances.

Question 38

When can a minor sign a consent form?

Answer 38

- In the armed services - Requesting treatment for communicable diseases and STD's - Pregnant - Birth control, abortion, drug, and alcohol abuse counseling - Emancipated

Question 39

Dereliciton of Duty

Answer 39

Patient must prove the physician did not meet standard of care.

Question 40

3 types of jury awards

Answer 40

Nominal- minimal injuries or damages, small $ compensation Actual- $ awarded for injury, pain and mental suffering, loss of income, $ moderate to significant Punitive- $ awarded to punish the practioner, damages are costly

Question 41

Res judicata

Answer 41

The thing has been decided

Question 42

Contributory negligence

Answer 42

Physician admits that negligence has occured ; patient aggravated the injury or assisted in making the injury worse.

Question 43

Respondeat Superior

Answer 43

Let the master answer, aka law of agency; implies physicians are liable for the actions of their employees.

Question 44

Civil Rights Act of 1964

Answer 44

Employers can't discriminate based on race, color, sex, religion, or national origin

Question 45

Medical assistant's role in ethics

Answer 45

- Protecting patient confidentiality - Following all state and federal laws - Being honest in all your actions

Question 46

Bioethics

Answer 46

Moral issues and problems that affect human life.