Medical Law and Ethics Test II
What is a subpoena? What is a subpoena duces tecum?
-An order to appear in court under penalty for failure to do so -A court order requiring a witness to appear and bring certain records or tangible items to a trial or deposition
What elements make a contract valid?
-Having an agreement between two or more competent people -Having an agreement to do or not to do a certain task for payment or for the rendering of a benefit -Having a lawful agreement
List three risk management guidelines a healthcare professional should follow in a health care setting
-Keep accurate and meticulous records -Document all cancelled appointments and no shows -Document, document, document
What is slander? What is libel?
-false, malicious or defamatory SPOKEN word -false, dafamatory WRITTEN word
How should a provider terminate medical treatment of a client?
-notify the client in writing, state the reason for dismissal, and indicate a future date when the provider is no longer responsible. Mail the client a certified letter and have them to sign and return.
What is the statute of limitations? How might it affect an MA?
-to fix or put a time limit or deadline for legal action. -MA could be held liable
What is an expert witness?
A person trained in medicine who can testify in a court of law as to what the professional standard of care is in the same or similar circumstances
Which branch of law is the IRS and DEA?
Administrative law
What is the highest source of law for a US citizen?
Constitutional law
What is negligence?
Doing some act that a reasonable or prudent provider would not do or failing to do some act that a reasonable or prudent provider would do.
Why are there three branches of government?
Each branch provides a system of checks and balances for the other two.
What is cross-examination?
Examination of a witness by an opposing attorney at a hearing or trial
What is the power of the Supreme Court?
Federal, state, trial, and appellate
What is a verdict?
Findings or decision of a jury
What reasons might a provider terminate care of a client?
If a clients fails to -follow instructions -take prescribed medications -disclose information pertinent to the care -return to recommended appointments
What is sentencing?
Imposition of punishment in a criminal proceeding
What is an implied contract? Is it a common form of contract in healthcare?
It is when a client and a provider discuss what course of treatment to take and an agreement is reached. Yes it is the most common especially in ambulatory setting
Who is the plaintiff? Who is the defendent
Plaintiff: The person or group initiating the action in litigation Defendant: The person or group accused in the court (If there is no anwer within the statute of limitation, the plaintiff wins by default)
Which court deals with small claims debts? Which court deals with estates?
Small claims court Probate court
What should providers do to avoid being charged with abandonment?
The doctor should withdraw formally from the case with a termination letter, send certified receipt, and place in the patient's chart
What is jurisdiction?
The limits or territory within which authority may be exercised
What is arraignment?
The procedure of calling someone before a court to answer a charge
In a criminal case, who brings the charges?
The state or government that has a prosecuting attorney or a grand jury
Who may file the charge for a criminal act?
The state or government that has a prosecuting attorney or a grand jury
Is an oral contract legally binding? Is it as easy to prove as a written contract?
Yes. No it is not as easy to prove
Which branch of the law applies to professional liability?
civil law
The legal nature of a provider-client relationship is that of a _________
contract
What is res ipsa loquitor?
latin phrase meaning "the thing speaks for itself." A doctrine of negligence law
List a couple of reasons a provider should carry professional liablility insurance
medical malpractice respondeant superior in case an office person makes a mistake it covers himself and his personell. For financial protection
What is an appellant?
one who appeals a court decision to a higher court
When a provider is found negligent in a civil case, the provider can be expected to
pay for damages (doesn't always have to go to jail)
What is respondeat superior?
phrase meaning "let the master answer" the provider is responsible for employee acts. It is a legal doctrine
What is medical malpractice?
professional negligence of physicians or providers
What is defamation?
spoken or written words concerning someone that tend to injure that persons reputation and for which damages can be recovered.
What is a court of appeals?
the court that could modify or affirm a lower court decision
