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39 Cards in this Set
- Front
- Back
What were the questionable procedures performed in the Delaney v. Rosenthal case? |
Removed stitches, squeezed pus out of the patient's thumb, prescribed pills, injected penicillin, removed bandages, and reapplied a bandage, and advised the patient for future care. |
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Whould should you do if a patient complains to you about their doctor? |
Do not keep the information from the doctor, also do not try to handle the complaint alone. |
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Scope of practice |
The boundaries of acceptable diagnosis and treatment by nurses, doctors, and a variety of mid-level medical professionals (like Medical assistant) |
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Criminal law |
Anyone who has commited a criminal offense (a crime against the state) or who has been proven guilty. Examples: Murder/manslaughter Rape Embezzlement Search and seizure Fraud Conspiracy |
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Civil Law |
Pertaining to crimes against a person or persons Examples: Medical malpractice Assault and Battery Invasion of privacy Defamation of character Outrageous conduct False Claim |
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Medical malpractice case phases |
I. The patient realizes something is wrong/ the alleged negligence occurs II. Patient seeks advice of an attorney and the attorney gathers information for the case and the patients file. III. Case goes to court an attorney presents the facts. IV. Losing party pursues an appeal. |
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Procedures Manuals |
A reference handbook explaining the procedures to be followed when performing a task by which a legal right may be enforced. |
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Negligence |
Failure to act with reasonable and prudent care. |
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What does the practice of medicine mean? |
Diagnosis, treatment, and/or prescription for preention or core of any human disease, ailment, injury, deformity, or physical/mental condition. |
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Libel |
Written defamation |
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Slander |
Spoken defamation |
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Defamation of character |
When one person is talking to another person about one's reputation. |
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Fraud |
A deliberate deception intended to produce unlawful gain. |
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Common Law |
Law deriving its authority from ancient usages and customs affirmed by court judgments and decree. |
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Percentage of malpractice cases that make it to court |
10% |
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Doctor-patient relationship |
The physician has a duty to the patient to diagnose and treat the patient's injury with due care. |
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Felony |
A crime more serious than a misdemeanor and punishable by imprisonment for more than one year or death. |
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False imprisionment |
Intentonally confining a person without the legal right to do so or without his or her content. |
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Tort |
A private wrong or injury, other than breach of contract for which the court will provide a remedy. |
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Standard of Care |
The standard of care that a reasonable person should exercise under the same or similar circumstances. |
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When was HIPAA enacted |
1996 |
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Licensure/certification |
Certification is a record of being qualified to perform certain acts after passing an examination given by an accredited professional organization. Licensure indicates that the holder has the basic minimum qualification required by the state: Also sets standards for hiring. |
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Respondeat superior |
Let the master answer. Deciding on whether the medical professional is working on their scope of practice. |
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Stare decisis |
Let the decision stand. It is used under common law, it gives stability to the court system yet allows for flexibility whenever there is a new fact pattern. |
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Branches of government |
Judicial, Legislative, executive |
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Direct examination |
The first interrogation of a witness by the party for whom the witness has been called out on behalf of that parties claim. |
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Cross examination |
Interrogation of a witness by a party other than the direct examiner. |
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What is tort liability based on? |
Intentional, negligence, or strict liability. |
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Manslaughter charges |
The unlawful killing of another without malice. It is necessary to prove that there is wanton or reckless conduct. Murders are state filed charges. |
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Euthanasia |
An intentional action or lack of action causing the merciful death of someone suffering from a terminal illness of incurable condition. |
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What are the types of abuse that can get a medical office involved in a criminal investigation? |
Child abuse, elder abuse, and domestic violence. |
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Five classifications of elder abuse |
Passive neglect (caretaker is incapable of meeting the patient's needs) Active neglect (When the caretaker maliciously over or under medicates and withholds basic life necessities) Psychological abuse Financial abuse physical abuse |
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Domestic violence reporting |
VAWA (violence against women act) is a bill that protects women from domestic violence, through the enforcement of protection orders. |
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What does HIPAA do? |
Requires every health plan and provider to maintain safegaurds to ensure patient confidentiality |
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Informed consent and assualt and battery |
A physician may be charged with assualt and battery because of failure to obtain informed consent to treat, battery is filed against a health care provider who has acted in anger. |
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"renting" patients |
When patients knowinly have uneccary procedures and the doctor split the reimbursement money with the patient |
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Patients bill of rights |
May be known under other names depending on the practice, ex. EMMC has the patients rights and responsibilities. |
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What are the three goals of the patients bill of rights? |
1. Strengthen consumer confidence by ensuring that the health care system is fair and responsible to consumer's needs. 2. Reaffirm the importance of a solid relationship between the patient and their doctor/healthcare professional. 3. Reaffirm the critical role consumers play in safeguarding their health with rights and responsibilities for all participants. |
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What are the 8 patient rights? |
1. Information disclosure 2. Choice of providers and plans 3. Access to emergency services 4. Participation in treatment decisions 5. Respect and nondiscrimination 6.Confidentiality of health information 7. Complaints and appeals 8. Consumer responsibilities |