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Unit 16 > Laws > Flashcards

Laws Flashcards

1
Q

Plaintiff would be you or pt?

A

pt

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2
Q

defendant would be you or pt

A

you!

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3
Q

torts are primarily what kind of law?

A

civil

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4
Q

damages or injunctions are called what?

A

penalties

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5
Q

what is the major kind of unintentional torts? and what are its two subcategories?

A

Negligence

  • Ordinary: anything anyone can or cannot do under a given circumstance
  • Professional: something that occurs in the scope of professional practice
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6
Q

_______ is when a licensed professional fails to provide services as per the standards set by the governing body causing harm to the plaintiff

A

Malpractice

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7
Q

what is the huge caveat of malpractice

A

misconduct/lack of skill must be within the profession of the person committing the act or omission

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8
Q

what is the most common cause of pt suing a health care provider for malpractice?

A

poor communication!

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9
Q

what should you never do when telling a patient prognosis

A

“I promise”; this could lead to breach of contract

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10
Q

what are the three critical factors in a law suit?

A

parties to the suit

  • plaintiff: party filing the claim
  • defendant: the accused party

Elements to prove: all of these must be proven

  • duty
  • breach of duty
  • causation
  • damages

Rules of evidence: direct testimony, documentation, book/research

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11
Q

how is duty commonly evaluated in healthcare?

A

by the Standard of Care

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12
Q

what is defined by statutory law, case law or expert testimony

A

Duty!

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13
Q

True or false: a bad treatment outcome always indicates a bad standard of care?

A

False! we know that not everyone gets better

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14
Q

experts are commonly utilized in what required element for malpractice lawsuit?

A

breach of duty (this is a required element of malpractice lawsuit) of courts experts are also used in rules of evidence

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15
Q

what are some documents you would look at for evidence of breach of duty?

A 
documentation
standards by the State Practice act 
Legal definition of the profession 
APTA's standard of practice
Clinical PROTOCOLS
Guide to physical therapist practice
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16
Q

which required element for malpractice lawsuit proves that the breach of duty was the legal cause of alleged damages?

A

causation!

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17
Q

“but-for test” is used in which required element for malpractice?

A

causation

“but for the defendants conduct, the pt would not have suffered harm”

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18
Q

what is the strongest resource of evidence in a pt record for proving or defending causation?

A

documentation!

don’t forget missed appointments, failure to follow treatment advice, failure to comply with and/or demonstrate accurate performance of HEP/precautions

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19
Q

to get damages, pt/plaintiff must demonstrate what two things?

A

1) suffered a compensable injury (aka sustained as a result of provider’s breach of duty and warrants the award of a monetary payment)

Monetary award will serve to make the plaintiff “whole”

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20
Q

Pain and suffering fits into which of the three malpractice damages?

A

noneconomic

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21
Q

malicious, willful suffering fits into which of the three malpractice damages?

A

punitive or exemplary damages

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22
Q

medical expenses (past and future) fits into which of the three malpractice damages?

A

economic

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23
Q

travel and phone expense loss fits into which of the three malpractice damages?

A

economic

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24
Q

loss of enjoyment of life fits into which of the three malpractice damages?

A

noneconomic damages

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25
disfigurement fits into which of the three malpractice damages?
noneconomic damages
26
Individual selected to present testimony based on special qualifications is called a what?
expert witness
27
expert witnesses are used in which element of negligent act?
all! duty, breach of duty, causation and damages
28
What is the common knowledge exception?
when the subject matter is so simple and the breach of duty so obvious that a layperson can understand (burning a pt with a hotpack)
29
expert witness is part of which critical factor in a lawsuit?
rules of evidence (not parties or elements to prove)
30
an individual called to testify based on knowledge of the circumstances of the case is called what? which of the three "critical factors in a lawsuit" are they a part of
fact witness Rules of evidence
31
the time limit for filing a claim is called what?
statute of limitations
32
generally how long is statute of limitations for filing malpractice
2 years: starts at the point in time when a pt knows or should have reasonably known that they were injured due to medical negligence
33
what population is there an exception for the statute of limitations?
children
34
what is the discovery rule?
statue extends if the plaintiff could not discover an injury until some time after an incident
35
delay in diagnosis when does the statue begin?
the day of diagnosis
36
maintain records for how long for risk management?
5-6 years
37
where does vicarious liability come into play with us as PT's?
PTA and aids
38
Courts opened doors for injured parties to also seek damages from the employer of a negligent party is called what?
vicarious liability
39
explain corporate liability
like vicarious liability but for big companies (not small independent practices); institution has a duty to screen potential employees and hire competent workers etc.
40
HPSO stands for what
healthcare providers service organization: they are a professional liability insurance provider
41
professional liability insurance provider is what?
HPSO
42
when talking about HPSO's and claims what is the money paid out directly related to the settlement of the claim called?
indemnity
43
when talking about HPSO's and claims what is the monies paid in the investigation, whether or not the claim sticks called?
expenses
44
are more files claimed against individuals or PT practices?
PT practices
45
which location had the most files claimed against it?
PT office/clinic (non-hospital)
46
What were the top three allegation of claims filed in healthcare?
improper management over the course of tx improper performance using tx exercise failure to supervise or monitor
47
what was the highest allegation related to improper management over the course of tx?
improper management of surgical pts; not following protocols
48
what are the two highest allegation related to improper performance using therapeutic exercise?
improper technique, injury during AROM or PROM activities
49
what is the highest allegation related to failure to supervise or monitor pt?
failure to monitor pt during treatment
50
what is the highest allegation related to improper performance using a biophysical agent?
hot pack use followed by electrotherapy
51
what is the deal with policies and how you should regard them as a PT
if there is a policy you better damn for sure be following it
52
an action taken against a professional license is called what
disciplinary action; claims against license
53
disciplinary action extends beyond what to what?
matters of professional negligence and involves allegation of personal, nonclinical nature Fraud and abuse
54
Act 110 is what?
suspension and revocation of privileges
55
does federal or state legislation determine the PT practice act?
STATE
56
who administes the practice act?
regulatory board (PA state board of PT)
57
what three things fall under the regulatory board (the thing that administers the state practice act)
license issuance or renewal Rules and regulations (code) Disciplinary actions
58
name the 6 steps to the disciplinary process
complaint investigation notice adjudication: due process, evidence sanctions appeal
59
license protection claims represent indemnity or expenses through HPSO?
expenses! not settlement payments to the plaintiff
60
Did more PT practices or independently insured PT's have claims brought against them?
pt practices
61
what were the two highest severity of allegation by class?
improper management over the course of tx - namely improper documentation and a close second failure to cease tx inappropriate behavior
62
highest allegation related to inappropriate behavior
physical, sexual, emotional abuse
63
what happens to most cases?
closed with no action <1% have their license revoked
64
Two recommendations for risk control for PT administrators and practice owners
education and training compliance programs and audits
65
federal employment laws are also called what?
labor laws
66
True or false: the labor laws cover just employees?
FALSE! current employees AND job applicants and former employees
67
fair labor standards act was enacted when by whom?
1938 by Roosevelt
68
what did the fair labor standards act establish?
minimum wage: 7.25 overtime pay: non-exempt employees get 1.5x pay for all hours over 40 recordkeeping youth employment standards
69
exempt vs. non-exempt
exempt = salaried employee, no overtime non-exempt = hour wages, paid overtime for over 40 hours
70
mission of EEOC is what?
eliminate illegal discrimination from the workplace
71
``` workplace safety wages and taxation freedom from discrimination and harassment freedom from retaliation privacy ware all covered by what? ```
EEOC
72
Title VII of the civil rights act of 1964 protects against what?
employment discrimination based on race, color, national origin, sex and religion
73
whom does Civil rights act apply to?
employers with over 15 employees
74
ADEA protects whom?
individuals >40 years of age from employment discrimination
75
what kind of business does ADEA apply to?
employers with 20 or more employees
76
OSHA wants to ensure what?
employee safety in health in US; protects workers on the job (standards of work conditions, personal protective equipment etc)
77
In PT practice what areas does OSHA affect us
electrical hazards, infectious diseases, hazardous waste
78
ADA covers what size business?
compainies with 15 or more employees
79
An employer covered by the ADA is required to make a ____ ______ to the ____ ____ of a _____ applicant or employee if the accomodation would not impose an _____ ______ on the operation of the employer's business
An employer covered by the ADA is required to make a REASONABLE ACCOMODATION to the KNOWN DISABILITY of a QUALIFIED applicant or employee if the accomodation would not impose an UNDUE HARDSHIP
80
employer has the right to which two things under the ADA
exclude if significant risk of harm conditional job offer based on results of post-offer medial exam/inquiry if related to job and required of all on the job
81
Reasonable accomodation takes what three things into account
shall inform employer may choose not to disclose cannot expect to receive w/o discloseure
82
Under FMLA an employer must grant an eligible employee up to how many week of unpaid leave during how much time?
12 work weeks of unpaid leave during any 12 month period
83
what four reasons could you go on the FMLA?
birth adoption or foster care caring for an immediate family member with a serious health condition medical leave: they're very sick and can't work.
84
what kind of business does the FMLA apply to?
50 or more employees
85
what is an eligible employee for the FMLA
Empolyed for at least 12 months and 1,250 hours and 50 or more employees within 75 miles of the work site
86
intermittent FMLA is applied to what kind of population
super high functioning and can do their job but might needs days off here and there (someone after chemo etc)
87
What is the hard part for a manager for someone who is intermittent FMLA?
they can call out two days in a row and it still doesn't count against them
88
improper classification as it relates to employee vs independent contractor can lead to what?
tax liability
89
what kind of person working for you has to file their own taxes, and they have to get their own liability and disability insurance?
independent contractor
90
how do you determine if someone is an employee or an independent contractor?
degree of control and independence
91
For someone without an employee contract how does firing and quitting work and what is this called?
it is called "employment at will" You can quit whenever They can fire you whenever without cause (as long as it was not unlawful/discriminatory)
92
Under most state laws the fault rule is employment at will or employment contract?
employment at will

Unit 16 (8 decks)

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