06 Certification Review
Emancipated minors
Are considered adults and can consent to treatment, live on their own and are self-supporting, may be married or serve in the military
Derelict
Breach of the duty of care
What stipulation was recently added/amended to the Family and Medical Leave Act?
Changing definition of spouse to recognize legal same-sex marriages
_________ allows a patient to name another person as the official spokesperson for that patient should he or she be unable to make health care decisions.
Durable power of attorney
Torts
Include battery, defamation of character, invasion of privacy
A subpoena
Is a court order requesting data, an appearance in court, or both
___________ a person who has not reached the age of majority (18-21 years old), depending on the laws of each state.
Minor
Which statement is accurate regarding negligence? a. Negligence is the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. b. Negligence is the act of harming the reputation of another. c. Negligence is a medical assistant's failure to obtain continuing education credits. d. Negligence is a misdemeanor.
Negligence is the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
How do the courts interpret the standard of care expected of a provider?
Provide reasonable, attentive, diligent care comparable with other providers in the general field of practice
Which statement is accurate regarding a tort? a. A tort is defined as the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. b. Some common areas of negligence may result in torts when the standard of care has not been fulfilled. c. A tort will never lead to litigation. d. A tort is defined as professional negligence.
Some common areas of negligence may result in torts when the standard of care has not been fulfilled.
________ law refers to a body of laws that are written and governed by the state.
Statutory
Nonfeasance (act of omission)
The failure to perform an act, official duty, or legal requirement.
The Latin term res ipsa loquitur means:
the thing speaks for itself.
Libel
A written defamation of a person's character, reputation, business, or property rights.
Legal __________ means that a patient is found by a court to be insane, inadequate, or to not be an adult
Incompetence
Advance directives
Indicate a patient's wishes in a life-threatening emergency
What are important characteristics of a subpoena?
It is a court order requesting data, an appearance in court, or both.
Medical assistants are considered _________ of the employers they serve.
Agents
The administrative law act that prohibits discrimination, has five sections, and is enforced by the EEOC is called the
Americans with Disabilities Act
Malfeasance (act of commission)
An individual commits an act that is not legally his/hers to perform
What is the purpose of advance directives?
They allow patients to determine their choices in life-threatening circumstances.
Which of the following statements is true of emancipated minors?
They are younger than 18, are considered adults, and can consent to treatment.
Which of the following statements best describes torts?
They often include battery, defamation of character, and invasion of privacy
_________is a wrongful act, other than a breach of contract, resulting in injury to one person by another.
Tort
What is battery?
Touching a patient without patients consent
Which of the following occurs in written form?
libel
Which statement is accurate regarding consent? a. Under no circumstances may a minor give consent. b. Mature minors are minors younger than 18 years who are free of parental care and are financially responsible, married, become parents, or join the armed forces. c. Nearly every state allows minors to give consent for treatment for pregnancy, drug or alcohol addiction, and sexually transmitted disease. d. A minor is a person who has not reached the age of majority (16 years old).
Nearly every state allows minors to give consent for treatment for pregnancy, drug or alcohol addiction, and sexually transmitted disease.
The standard of care expected of a provider is held by the courts to mean
Reasonable, attentive, diligent care comparable to other providers of the same specialty or general field of practice
Occasionally, a provider will be sued for the negligence of an employee, even though the provider is not guilty of any negligent act. This is done on the basis of the doctrine of
Respondeat superior
Slander is defamation through
Spoken statements that damage an individual's reputation
The 4 D's o negligence are:
Duty, derelict, direct cause, damage
The type of contract that most often exists between provider and patient
Implied