HCM 325 Midterm

Which of the following can be described as a mandatory credentialing process established by state law required for an individual wanting to engage in a regulated occupation?

Licensure

Sarah was supposed to empty the bio-hazardous waste containers at the end of her Friday night shift so that the contents were not left in the lab over the weekend when the climate control system goes into power-saving mode and the indoor temperature rises. She forgot. The resulting smell made several people in adjacent clinical space nauseated. The clinics closed early due to lack of staff and the unpleasant environment. Numerous patient appointments were canceled. Sarah's negligent act was which of the following?

Nonfeasance

Which of the following three statements regarding layperson and expert witnesses are true? ❶ The layperson (or fact witness) can only testify as to her or her own opinion. ❷ Expert witnesses cannot receive compensation for testifying in a trial, as it would be a conflict of interest. ❸ Most medical malpractice cases involve such complex evidence that expert witnesses are necessary.

Number 2 is true

Which of the following three statements regarding the ethical principle of autonomy in the context of health care services are true? ❶ Autonomy is the right to make one's own decisions about medical care. ❷ People have the right to refuse care, but we can't allow them to die if we know they are wrong. ❸ Patients need sound, reliable and objective information to understand the options from which they choose.

Numbers ❶ and ❸ are true

Teleological Value Choice Theory

Our actions should be judged on the basis of the outcome we intend to come from the act

Confidentiality

Physicians must maintain the confidentiality of medical information. Confidentiality respects patient autonomy and encourages patients to present for care and be candid.

Capital Venture(CVO)

Risk capital provided by an investor willing to take on the risk in return for a share in any later profits.

Which of the following business types would cease to exist immediately upon the death of the "owner" of the business?

Sole Proprietorship (DBA)

Consequential Damages

Special damages that compensate for a loss that is not direct or immediate (for example, lost profits). The special damages must have been reasonably foreseeable at the time the breach or injury occurred in order for the plaintiff to collect them.

The hypothetical "reasonably prudent person" used when considering whether a defendant acted reasonably in a given situation is used to evaluate which of the following?

The Standard of Care

What is the primary factor used in differentiating an employee of the organization from an independent contractor?

The degree of direction and control of work performed

Nonfeasance

The failure to act when one should

The business arrangement wherein two or more persons (could include corporations) come together for a specific purpose of limited duration is called ..

a joint venture

Licensure

a mandatory credentialing process established by law, usually at the state level that grants the right to practice certain skills and endeavors.

de facto structure

actually existing or in effect, although not legally required or sanctioned;

Criminal Law

addresses wrongful acts against society or state

If an organization allows someone to hold themselves out to the public as an employee, even though they both agree he is not, the court may treat the individual as an employee for the purpose of establishing organizational liability. This is ...

because there was an apparent agency

Dr. Bradley is attending to a terminal patient who she believes is within a few weeks of the end of life based on recent test results. The patient asks for her opinion as to whether he will be healthy enough to travel to his daughter's wedding in nine months. Which of the following principles calls upon Dr. Bradley to explain to him that he is likely to pass before the wedding?

both veracity and role fidelity

Justice

deals with issues of treating patients equally. Physicians should treat similarly situated patients similarly and allocate resources justly. In the face of limited health care resources, physicians should practice cost-effective medicine

Deontological Value Choice Theory

decision-making theory that states that the rightness or wrongness of the act depends on its intrinsic nature and not the outcome of the act

Nonmaleficence

directs physicians to "do no harm" to patients. Physicians must refrain from providing ineffective treatments or acting with malice toward patients.

Constitutional Law

establish the power, authority, and limitations of government

The powers of the____ government are set out in the Constitution. The powers not delegated by the Constitution are reserved to ____ .

federal; states or individuals

Veracity

filled with truth and accuracy

Ad-Hoc or consequential partnership

for a specific purpose or situation

Misfeasance

improper performance of a lawful act

Accreditation

is the process by which health care practitioner education programs, health care facilities, and managed care plans are officially authorized.

Malfeasance

misconduct or wrongdoing

punative damages

monetary punish the person i.e. anti-trust, restrain trade

Statutory Law

passed by the federal or state legislative process

Civil Law

provides remedies for wrongful acts against individuals

Administrative Law

rules and regs established by executive agencies

Procedural Law

rules by which substantive laws are enforced

Reciprocity

the process by which a professional license obtained in one state may be accepted as valid in other states by prior agreement without reexamination.

Sole Proprietorship

A business owned by one person

Role Fidelity

Being faithful to the scope of the services for which you are licensed, certified, or registered.

Certification

a voluntary credentialing process whereby applicants who meet specific requirements may receive a certificate

Joint venture

an agreement between two or more companies to share a business project

Case Law

binding decisions of the judicial systems

Substantive Law

defines and regulates legal rights and obligations

Medical Practice Acts in various states define and describe what?

-The scope of medical practice -Requirements for licensure and renewal -The governing authority responsible for rules and regualtions

Limited Liability Company(LLC)

A business organization in which the business (not the owner) is liable for the company's debts

Corporation(INC)

A business owned by stockholders who share in its profits but are not personally responsible for its debts

Autonomy

Autonomy is the "personal rule of the self that is free from both controlling interferences by others and from personal limitations that prevent meaningful choice." Autonomous individuals act intentionally, with understanding, and without controlling influences.

Prescription drugs are capable of making a patient's condition better, but always come with the risk of adverse side effects. A provider who is considering prescribing medications must, then, balance which two ethical consideration?

Beneficence and Nonmaleficence

Beneficence

Beneficence is action that is done for the benefit of others. Beneficent actions can be taken to help prevent or remove harms or to simply improve the situation of others.

Which of the following terms is the award of money to reimburse a plaintiff for the financial loss that occurred as a direct result of the defendant's wrongful conduct?

Compensatory