Chapter 8 medical law and ethics

Question 1

what are the 6 types of law?

Answer 1

1. common
2. criminal
3. private
4. public
5. case
6. civil

Question 2

the person or group accused in court

Answer 2

defendant

Question 3

a person who files the lawsuit initiating civil legal action

Answer 3

plaintiff

Question 4

what are the 2 types of defamation?

Answer 4

1. libel - written
2. slander - spoken

Question 5

what are the 2 types of court?

Answer 5

inferior and superior

Question 6

when a case is transferred from a lower to higher court

Answer 6

appeal

Question 7

an application made to a judge to obtain an order, ruling, or decision

Answer 7

motion

Question 8

sworn pretiral testimony given by a witness

Answer 8

deposition

Question 9

the final settlement of a case

Answer 9

disposition

Question 10

what needs to be filled out to release medical records

Answer 10

a medical records release form

Question 11

what are the 3 types of consent

Answer 11

1. informed
2. implied
3. expressed

Question 12

the practice of performing medical tests and procedures to protect against future liability

Answer 12

defensive medicine

Question 13

without legal force or effect

Answer 13

void

Question 14

a type of medical practice in which a physician practices alone and is responsible for all profits and liabilities

Answer 14

sole proprietorship

Question 15

statute that prohibits child labor and the firing of employees for exercising their rights

Answer 15

fair labor standards act of 1938

Question 16

what does POMR stand for and what is it?

Answer 16

problem oriented medical record
medical records based on patients problems

Question 17

what does SOAP stand for and what does each word mean?

Answer 17

• subjective - patients words
• objective - facts (ex: vitals)
• assessment - diagnosis
• plan of action - treatment

Question 18

what does SOMR stand for and what is it?`

Answer 18

source oriented medical record
medical records based on the information (ex: lab reports)

Question 19

a legal document stating what type of treatment is desired when terminally ill, unconscious, or in a coma

Answer 19

advanced medical directive

Question 20

that part of HIPAA that deals with protecting health care coverage for employees who change jobs

Answer 20

TITLE 1

Question 21

that part of HIPAA that provides federal protection for the privacy of health information

Answer 21

TITLE 2

Question 22

when a physician accepts payment from another physician for the referral of a patient

Answer 22

fee splitting

Question 23

substitution of another surgeon without patients consent

Answer 23

ghost surgery

Question 24

a document that gives a designated person the ability to make legal decisions on their behalf

Answer 24

durable power of attorney

Question 25

treatment to cure a patients disease

Answer 25

curative care

Question 26

treatment of symptoms to make a dying person more comfortable

Answer 26

palliative care

Question 27

Res ipsa loquitur is a Latin phrase that refers to...

Answer 27

something that is common knowledge/speaks for itself

Question 28

a list of general info that can be requested by a party to a lawsuit and must be answered in a specific amount of time

Answer 28

subpoena duces tecum

Question 29

what term means "the task of presenting testimony to prove guilt or innocence"

Answer 29

burden of proof

Question 30

when a patients behavior helped cause the injury

Answer 30

contributory negligence

Question 31

if a physician performs a procedure on a minor without parental consent, what would he be charged with?

Answer 31

assault and battery

Question 32

a wrongful act against another individual

Answer 32

tort

Question 33

what are the 4 D's of negligence?

Answer 33

1. duty 2. derilect 3. direct cause 4. damages

Question 34

civil law involves crimes against...

Answer 34

individuals

Question 35

An employee who is considered to be acting on the physician's behalf while performing professional tasks is...

Answer 35

respondeat superior

Question 36

a lawful act that is done incorrectly

Answer 36

misfeasance

Question 37

The legal term res ipsa loquitur refers to cases in which the...

Answer 37

doctors mistake is clearly obvious

Question 38

performing wrong acts

Answer 38

malfeasance

Question 39

performing lawful act in an unlawful way

Answer 39

misfeasance

Question 40

failure to act when required to do so

Answer 40

nonfeasance