Law & Legal

Question 1

What cases are considered criminal?

Answer 1

offenses against public & safety

Question 2

What cases are considered civil?

Answer 2

relationship between people; malpractice

Question 3

Who does the US legal system protect?

Answer 3

You, patient, employer

Question 4

Define litigation

Answer 4

process of filing/contesting lawsuit

Question 5

What are the 3 goals of the patients’ bill of rights?

Answer 5

1. make patients confident in US health care
2. promote strong relationships w/provider
3. stress patient’s role in their own health by knowing rights & responsibilities

Question 6

What are the two types of consent?

Answer 6

Implied and informal/express

Question 7

Describe implied consent

Answer 7

informal/verbal agreement; mostly used in life-threatening situations, in which case 2 health providers must approve treatment

Question 8

Describe informed consent

Answer 8

aka express consent; a written agreement that the patient understands complications & benefits of any invasive/experimental procedure

Question 9

What is the purpose of the Good Samaritan Act?

Answer 9

protect caregivers from lawsuits if care given was in good faith and reasonable

Question 10

The Good Samaritan is not fool-proof. In what cases can someone be not covered by the act?

Answer 10

grossly negligent/willingly performed negligent act, accepted compensation, and if you are a working medical professional

Question 11

Define medicolegal

Answer 11

medical law

Question 12

What are the factors for the increase in medical malpractice?

Answer 12

scientific advances, unrealistic expectations, economic factors, and poor communication

Question 13

Define malpractice

Answer 13

patient harmed by actions of provider

Question 14

Define negligence

Answer 14

act a reasonable provider would not have done/omission of an act a reasonable provider would have done

Question 15

Define the 3 types of malpractice

Answer 15

malfeasance: intentional
misfeasance: accident
nonfeasance: failure to act

Question 16

in a legal situation, what is used to demonstrate malpractice or negligence?

Answer 16

standard of care

Question 17

Define defamation of character

Answer 17

making false and malicious statements to defame one’s character and reputation

Question 18

define the two forms of defamation?

Answer 18

libel: written
slander: oral

Question 19

Give examples of fraud

Answer 19

• intentionally raising false expectations abt recovery
• not properly educate abt possible side effects
• filing false insurance claims

Question 20

What are the 8 components on the Patients’ Bill of Rights?

Answer 20

• information
• privacy
• choice of provider and plan
• respect and nondiscrimination
• complaint and appeal
• access to emergency services
• autonomy/taking part in decisions
• consumer responsibilities