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IPAP Class 21-2 > Med Law > Flashcards

Med Law Flashcards

1
Q

What was the constitution a result of?

A

The Revolutionary war, 1783

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2
Q

4 weaknesses of the articles of confederation.

A
  1. No Seperation of Powers
  2. Weak Gov’t
  3. No taxes
  4. Compeition b/w states
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3
Q

What is the US Gov’t a principle of?

A

Federalism

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4
Q

What is the importance of amendment 10 of the bill of rights

A

Unallocated power not reserved for federal gov’t

Gives states power

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5
Q

Who has the power to provide occupational licensure?

A

The State

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6
Q

What are the three branches of gov’t?

A

Legislature
Executive
Judicial

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7
Q

Under what branch do all agencies fall?

A

Executive

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8
Q

What is the purpose of military law?

A

Promote good order and disicpline

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9
Q

What type of law would a trial of the state vs. human represent?

A

Criminal Law

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10
Q

What type of wrong is harmful to society?

A

Criminal Law

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11
Q

What type of proof do you need in criminal law?

A

Beyond a Reasonable Doubt

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12
Q

What type of proof do you need in civil law?

A

Low proof

Liability

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13
Q

What are the two components of civil law?

A

Contracts and Torts

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14
Q

What are the two types of contracts

A

written and oral

  • expressed or implied
  • written is preferred
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15
Q

What is the rule of 4

A

There must be at least 4 Supreme justice votes (of the 9) to initiate hearing a case,

-50 plus cases a year

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16
Q

Something that ends in act is a ________.

A

Statute or Statutory Law

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17
Q

If the law is further developed by a court judge it becomes what?

A

Common-Law

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18
Q

What branch governs common law?

A

Judicial branch

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19
Q

What type of law is medical law?

A

Civil

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20
Q

What are the two parts of contracts?

A

Elements and Conditions

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21
Q

What are the components of elemental law?

A

Requires an offer (promise), acceptance, and consideration(quid pro quo).

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22
Q

What are the components of conditions

A

competent parties
legal subject matter
mutual agreement

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23
Q

Between contracts and torts, which is a legally enforceable agreement?

A

Contracts

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24
Q

What branch governs administrative law?

A

Executive branch

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25
Q

What are the components of a statute

A

General regulations made by the legislative branch

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26
Q

What are the examples of administrative law?

A

FDA, vaccines

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27
Q

What are the 8 contract defenses?

A 
Elemental
Performance 
Impossibility 
Sovereign 
Frustration of performance 
State of limitations 
Res Judicata 
Violates Law/public policy
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28
Q

What is tort law?

A

Noncontractual civil wrong

wrong against a corporation [person]

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29
Q

What are the 9 Tort Defenses

A 
Assumption of risk 
Good Samaritan 
Elemental Contributory negligence 
Comparative negligence 
Contributory negligence 
Res Judicata 
Charitable immunity 
Sovereign immunity 
Truth
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30
Q

What type of tort is a deliberate injury to another?

A

Intentional

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31
Q

What are the 6 examples of an intentional tort

A 
Assault
Consummated Battery[completed] 
False Imprisonment 
Violation of Right to privacy 
Abandonment 
Defamation[libel / slander]
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32
Q

What are the 4 parts of negligent tort?

A

Duty of care
Breach of duty
Caused
Injury/Damages

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33
Q

What is caused negligent tort

A

Injury was foreseeable

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34
Q

What is the duty of care

A

Duty to pts, not the world

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35
Q

‘what is a violation of the right to privacy

A

Compromise of interest

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36
Q

What established sovereign immunity

A

Fed Tort claims act

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37
Q

What is the difference between contributory negligence and comparative

A 
Contributory = even @ 1% fault you get 0$ 
Comparative = if you are 50% or more at fault you get zero
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38
Q

What is individual negligence

A

Below the line expected of a reasonable person

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39
Q

4 elements of individual negligence

A

Duty
Negligent breach of duty
Injury
Causation

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40
Q

What is res ipsa loquitor

A

An argument when someone is suing that must meet 2 guidelines:
1) breach of duty to care
2) event is unusual
[no expert witness required] = ruled in favor of the plantiff

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41
Q

What are the elements of medical malpractice?

A

Duty
Breach of duty
Injury
Causation

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42
Q

What is the national standard of care?

A

Keeps the status quo of medical practice on a level standard.

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43
Q

What classifies as punitive damages against theUS GOV’ T?

A

Nothing, you cant punish the sovereign. Only compensatory.

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44
Q

General vs. Special vs. Punitive damage?

A

General = all plaintiffs in the same situation would experience this [pain and suffering] non economic

Special = Out of pocket unique to a case, [compensation for losses]

Punitive = Punish the defendant to deter them from future conduct. Malicious/oppressive conduct or fraudulent conduct is shown.

45
Q

General vs. Special vs. Punitive damage?

A

General = all plaintiffs in the same situation would experience this [pain and suffering] non economic

Special = Out of pocket unique to a case, [compensation for losses]

Punitive = Punish the defendant to deter them from future conduct. Malicious/oppressive conduct or fraudulent conduct is shown. (NOT AGAINST THE US GOV’T)

46
Q

What are hedonic damages?

A

A general damage that includes loss of enjoyment of life.

47
Q

What category do nominal damages fall under?

A

General

48
Q

What is the American Theory of Damages

A

To make the plaintiff whole

49
Q

What is vicarious liability?

A

A hospital or doctor can be held vicariously liable for a claim based on the acts of one of its employees.

50
Q

a doctrine which applies when the negligence is so apparent, a presumption of the breach of duty leading to the action or occurrence can be made by the court.

A

Res ipsa loquitur

51
Q

What qualifies as not med mal practice?

A

All simple mistakes

Patients unhappy with the results of their treatment

Bad outcome doesn’t always equal malpractice

No harm done to the patient

52
Q

Who can be negligent?

A

Licensed Personnel,

Unlicensed Interns & Residents

Social Workers, Counselors, and Assistants
Institutions
MTF Commanders

53
Q

What is (RPPUTC) , with respect to Standard of Care?

A

The legal term: “the reasonably prudent person under the circumstances

Not the highest degree of known professional skill, but that which is reasonable or ordinary…

54
Q

What is the Medical Standard of Care for Physician Assistants?

A

To act as a reasonable and prudent Physician Assistant would act under the same or similar circumstances.

55
Q

What are examples of negligent torts?

A

•Failure
to
consult

•Failure
to
refer

•Failure
to
obtain
informed
consent

Abandonment
Breach of confidentiality

56
Q

What is the locality rule?

A

the standard of care to be applied to the professional’s conduct is the reasonable care exercised by similar professionals in the same vicinity and professional community.

57
Q

Examples (4) of ways Standards of Care can change.

A

Expert Witnesses

Statutes

Regulations and Rules

Authoritative textbooks

58
Q

What is the “daubert standard”?

A

the rule of evidence that determines whether an expert witness’ testimony is admissible as a form of evidence at trial

59
Q

Two examples that can stand up as evidence to the “daubert standard”

A

Scientifically valid reasoning

Trial judge as gatekeeper

60
Q

Three requirements of Res Ipsa Loquitur

A

Event would not ordinarily occur without negligence

Apparent / presumptive cause was within exclusive control of defendant

No negligence on the part of the plaintiff

61
Q

Wrong limb or body part

Wrong patient

Explosion or fire

Foreign body left in patient

Are examples of what?

A

Res Ipsa Loquitur

62
Q

What is corporate negligence?

A

Failure of a corporation to meet its legal obligations to its clients.

63
Q

Elements of Corporate Negligence

A

Duty

Negligent breach of duty

Injury

Causation

64
Q

What is vicarious liability also referred to as?

A

imputed liability

65
Q

Assigns liability to an individual who did not actually cause the harm, but who has a specific superior legal relationship to the person who did cause the harm

A

Vicarious Liability

66
Q

Federal Tort Claims Act

A

waiver of Sovereign Immunity to permit individuals to sue the U.S. for negligent acts of U.S. government personnel acting within the scope of employment

67
Q

The Feres Doctrine

A

Soldiers injured “incident to service” may not sue U.S. Government. “Incident to Service” is interpreted very broadly. Family members may not submit claims on behalf of Soldier

68
Q

Reasonable Physician Standard

A

what information a reasonable physician would disclose under the same or similar circumstances

69
Q

Reasonable Patient Standard

A

what information the reasonable patient would consider “material” before making a decision

70
Q

(Legal Determination) adjudged by the court Recognized

A

Competence

71
Q

Power of Attorney

A

a written document in which one person appoints another person to act as an agent on their behalf

72
Q

Durable Power of Attorney

A

Continues beyond incapacity and death of the grantor

73
Q

generally used for terminal illnesses; takes effect when a stated medical problem occurs; provides instructions to health care providers

A

Living Will

74
Q

Freedom of Information Act (FOIA)

A

provides the public the right to request access to records from any federal agency

75
Q

balance the government’s need to maintain information about individuals with individuals’ privacy rights. Restricts the disclosure of personal information maintained by agencies

A

Privacy Act

76
Q

provided the first nationally-recognized regulations for the use/disclosure of an individual’s health information

A

HIPPA,

Health Insurance Portability and Accountability Act

77
Q

You do not need a patient’s consent for the following PHI release.

TPO –
A)Treatment,
B)Payment
C)Healthcare Operations

A

a. Treatment - provision, coordination, consultation and referral
b. Payment - billing, reimbursement, eligibility, utilization review
c. Healthcare Operations – Quality Assurance, credentialing, legal, medical review, auditing, and regular business and management

78
Q

Why are employers responsible for their employee conduct?

A

Respondeat Superior
“let the master answer”

Legal doctrine in which an employer may be held responsible for the actions of his employees, when the actions are performed “in the course of employment.”

79
Q

What defense could an employer use against the doctrine of term respondeat superior ?

A

Simply that the employee in question doesn’t work at or represent the corporation

80
Q

How is the standard of care measured in negligence cases?

A

Not the highest degree of known professional skill, but that which is reasonable or ordinary…

81
Q

What is the purpose of compensatory damages

A

A sum of money that may be awarded by a court of law to an individual or entity as compensation for property damage, a physical injury, or other loss caused by another person’s actions.

82
Q

What are the elements of Informed Decision-

Making?

A

Decision Making Capacity

Information

Voluntariness

Agreement / Request
- - or - -
Declination / Refusal

Think “PARQ”:
–Procedure
–Alternatives
–Risks and Benefits
–Questions
83
Q

What are the elements of Decision-Making capacity?

A

Legal age (determined by state law)

Ability to take in information

Ability to process information

Ability to communicate information

84
Q

Requirements to provide informed consent

A

Capacity

Competence

Consent

85
Q

What does the Patient Self-Determination Act require?

A

Organizational polices concerning the patient rights

Document in the medical record whether the patient has an Advance
Directive

Hospitals must provide at the time of admission

86
Q

What are three exceptions to the informed consent requirement?

A

Patient Waiver
Emergency
Therapeutic Privilege

87
Q

What is the purpose of HIPAA?

What is covered under HIPAA?

A

assure that individuals’ health information is properly protected while allowing the flow of health information to provide care.

  • HIPAA applies only to Covered Entities (CEs)
  • Individually identifiable health information including demographics, in electronic, paper or oral medium
  • Payments for health care
88
Q

Name two Covered Entities under HIPAA?

A

Military providers

Insurers

89
Q

Name two authorized exceptions that allow disclosure HIPAA?

A

PHI shall not be used or disclosed UNLESS patient provides an authorization OR except for specifically permitted purposes.

90
Q

What is the goal of the Military Exception?

A

Commander must exercise authority over Soldier or another person designated by a Commander to receive PHI to carry out an activity under the authority of the Commander.

91
Q

What information is releasable under the Military Exception?

A

-restriction of duty

not necessarily reason for restriction

92
Q

Remittur vs. additur

A

R = the settlement amount is too large and must go down

A = settlement should be larger

*additur is not allowed in federal court

93
Q

which act is administrative claims only (you can not sue)

A

Foreign claims act

94
Q

Medical Accountability Act allows what kind of claims.

A

Allows service members to be sued administratively

95
Q

3 types of advanced directives

A

A living will - what you “ would “ or “ wouldnt want “ , instructions

Durable power of attorney

DNR order

96
Q

Judgement as a bar

A

A statute under FTCA that has already been ruled cant be ruled again. ruling = the previous judgement

97
Q

3 sources of law

A

administrative

common

statutes

98
Q

what is the goal of statutes

A

Used to forbid a certain act, direct a certain act, make a declaration, or set forth governmental mechanisms to aid society

99
Q

Types of Torts … SIN.

A

Strict liability

Intentional Torts

Negligent Torts

100
Q

Assault is _______

Battery is _______

A

a threat.

bodily harm.

101
Q

What kind of acts cause liability?

A

individual

corporate

102
Q

Punitive damage considerations

To determine (necessary amount)

A

Character of defendant’s conduct

Extent and nature of the harm (actual and intended)

The wealth of the defendant.

103
Q

When the FTCA Applies

A

negligent torts of agents and employees

In the United States

***in the scope of duty

104
Q

what has to happen before the us government can be sued?

A

a written claim must first be made to the responsible federal agency

105
Q

The government is not liable under the _________ and the _______ for injuries to service-members when those injuries arose out of, or were in the course of duty.

A

FTCA or Military Claims Act

106
Q

Decision – Making Capacity

A

Legal age (determined by state law)

Ability to take in information

Ability to process information

Ability to communicate information

107
Q

3 important exemptions of which protect FOIA

A

personal privacy, national security, and law enforcement.

108
Q

Balance the government’s need to maintain information about individuals with individuals’ privacy rights
Ensure no “secret files” are kept
Restricts the disclosure of personal information maintained by agencies

A

privacy act of 1974

109
Q

What does HIPAA stand for?

what does it provide?

A

Health Insurance Portability and Accountability Act (HIPAA)

The HIPAA Privacy Rule defines how covered entities use individually identifiable health information or PHI (protected health information).

Insurance

IPAP Class 21-2 (12 decks)

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