Chapter 03 Legal Principles

Constitution of the United States. -The United States has both federal and state laws. The U.S. Constitution is the supreme law of the United States. Each state has a constitution that is the supreme law of that state. State laws cannot conflict with the U.S. Constitution.

The supreme law of the land is the: -Constitution of the United States. -municipal laws. -state constitutions. -district court decisions.

felony -A felony is a serious criminal offense and is classified by degree, with first degree being the most serious.

A _________ is a serious criminal offense and is classified by degree, with first degree being the most serious. -misdemeanor -violation -felony -assault

misfeasance -Misfeasance is the improper performance of a lawful act that causes damage or injury.

Abe, a medical assistant, administered a prescribed injection incorrectly and the patient had many issues as a result. This negligent act would be an example of a _____________. -misfeasance -assault -malfeasance -nonfeasance -fraud

nonfeasance -Nonfeasance is the failure to act when one had a legal duty to act.

Beth, a medical assistant, gives Mrs. Smith a dose of prescribed medication. The patient experienced problems breathing after the medication was given. Beth sent the patient home without consulting the provider. The patient died. This negligent act would be an example of a _____________. -assault -malfeasance -misfeasance -nonfeasance -fraud

Damages -Damages are a monetary settlement the defendant pays the plaintiff in a civil case for loss or injury.

Monetary settlement the defendant pays the plaintiff in a civil case for loss or injury. -Declaration -Tortfeasor -Damages -Claims

Fraud -Fraud is the deceiving (lying) of a person or party for monetary gain.

The medical assistant bills an insurance company for services not provided to the patient. This is an example of what type of tort? -Libel -Slander -Fraud -Defamation -Invasion of privacy

Battery -Battery is the intentional harmful or offensive contact with another that was unconsented.

The medical assistant gives a 5-year-old child an immunization without parental permission. This is an example of what type of tort? -False imprisonment -Defamation -Assault -Battery -Fraud

Invasion of privacy -Invasion of privacy is the disclosing of private facts without the consent of the individual or intrusion into a person's personal life.

The medical assistant tells her boyfriend about a patient who was seen in the clinic. This is an example of what type of tort? -Fraud -Slander -Invasion of privacy -Libel -Defamation

Assault -Assault is an intentional threat to do harm or acting in a manner that causes another to fear bodily harm.

The medical assistant tells the child to behave or threatens to give the child a "shot." This is an example of what type of tort? -Battery -Fraud -Assault -False imprisonment -Defamation

insured; insurer -The person or company purchasing the insurance policy is called the insured. The insured pays a specific amount of money to the insurance company. This payment is called a premium. The insurance company is the insurer.

The person purchasing the insurance policy is called the ____ and the insurance company is the ____. -insured; insurer -insurer; third party -third party; liability -liability; premium

Law -is a custom or practice of a community. It is a rule of conduct or action prescribed or formally recognized as enforceable by a controlling authority. Law is the system by which society gives order to our lives.

____ is a custom or practice of a community and are rule of conduct prescribed or formally recognized as enforceable by a controlling authority. -Precedents -Litigious -Regulations -Law

Statute of limitations -Statute of limitations is the length of time legal action can be taken after an event has occurred. When the time has expired, the court will reject the claim or lawsuit. Statute of limitations varies from state to state.

_______ is the length of time legal action can be taken after an event has occurred. The time limit varies from state to state. -Release of tortfeasor -Res ipsa loquitor -Statute of limitations -Respondeat superior -Locum tenens

premium; third party -The person or company purchasing the insurance policy is called the insured. The insured pays a specific amount of money to the insurance company. The insurance company is the insurer. The insurer agrees to compensate the insured contract or policy. When the insurer (insurance company) pays the plaintiff, the plaintiff is known as the third party.

the person purchasing m the insurance policy pays a _____ and when the insurance company pays the plaintiff, the plaintiff is known as the ____. -premium; third party -liability; premium -insured; third party -third party; liability -premium; second party

Standard of care -Standard of care refers to the level and type of care an ordinary, prudent healthcare professional, having the same training and experience in a similar practice, would have provided under a similar situation.

What is being applied, when the court compares the care provided by two certified medical assistants who work in similar environments? -Scope of practice -Reasonable person standard -Standard of care -Tortfeasor

Injunction -An injunction is a court order by which an individual or institution is required to perform or refrain from performing a certain act.

A court order by which an individual or institution is required to perform or restrain from performing a certain act. -Damages -Declaratory judgment -Liability -Injunction

Res ipsa loquitur -Res ipsa loquitur is a Latin term meaning "the thing speaks for itself." A legal concept under which the plaintiff's burden to prove malpractice is minimal, since the jury can clearly understand the details of the injury.

If a man enters surgery to have his left leg amputated and leaves surgery with his right leg amputated, which Latin term of law applies? -Subpoena duces tecum -Locum tenens -Res ipsa loquitur -Respondeat superior

Respondeat superior -Respondeat superior is a common law doctrine that means "let the master answer." The doctrine means that the employer/provider is liable for actions that the employee did or did not do within the scope of employment.

If a provider is being sued by a patient for the acts of a medical assistant, which of the following applies? -Subpoena duces tecum -Res ipsa loquitur -Quid pro quo -Respondeat superior -Res judicata

Res ipsa loquitur -Res ipsa loquitur is a Latin term meaning "the thing speaks for itself." A legal concept under which the plaintiff's burden to prove malpractice is minimal, since the jury can clearly understand the details of the injury.

In a case in which there was obvious negligence, this doctrine may apply, and it is Latin for "the thing speaks for itself." -Res judicata -Respondeat superior -Res ipsa loquitur -Subpoena duces tecum -Quid pro quo

the person or party accused of the crime -The defendant is the person or party charged with the offense.

In criminal law, the defendant is the _______. -the victim -the tortfeasor -the person or party accused of the crime -the government

the government -When criminal cases are brought to court, the plaintiff is the government. The defendant is the person or party charged with the offense.

In criminal law, the plaintiff is __________. -the government -the person accused of the crime -the tortfeasor -the victim

malfeasance -Malfeasance is the performance of an unlawful, wrongful act.

Sally, a medical assistant, gives Mr. Jones an injection of medication. The dose was double the normally prescribed amount. Sally did not have a provider's order to administer the dose. This negligent act would be an example of a _____________. -fraud -misfeasance -nonfeasance -malfeasance -assault

reasonable person standard -The reasonable person standard applies reasonable behavior as an objective test to measure another's actions or lack of actions. The accused person's actions or lack of actions are measured against what a reasonable person would or would not do in the same situation.

The __________ applies reasonable behavior as an objective test to measure another's actions or lack of actions. -scope of practice -reasonable person standard -tortfeasor -standard of care

Contributory negligence -With contributory negligence, the plaintiff's actions or lack of actions caused the injury.

This affirmative defense is used when the plaintiff's actions or lack of actions caused the injury. -Limited or no harm -Intervening cause -Contributory negligence -Assumption of risk -Comparative negligence

Respondeat superior -Respondeat superior is a common law doctrine that means "let the master answer." The doctrine means that the employer/provider is liable for actions that the employee did or did not do within the scope of employment.

This is a common-law doctrine that means "let the master answer" and the employer/provider is liable for the actions of the employee. -Res ipsa loquitor -Respondeat superior -Emancipated -Malpractice -Locum tenens

Misdemeanor -Misdemeanors are lesser criminal offenses and include: assault, battery, false imprisonment, perjury, shoplifting, and most cases of operating while intoxicated (OWI) and operating under the influence (OUI). A misdemeanor is punishable by a substantial fine and possible jail time under 1 year.

What is considered a lesser criminal offense and is punishable by a substantial fine and possible jail time under 1 year? -Misdemeanor -Felony -Violation -Battery

Felonies are punishable by substantial fines and prison time over 1 year. -Felonies are serious criminal offenses. Examples of felonies include murder, robbery, rape, kidnapping, and burglary. Felonies are punishable by substantial fines and prison time over 1 year.

What is true regarding felonies? -Considered a serious civil offense. -Murder, battery, and assault are examples of felonies. -All are correct -Felonies are punishable by substantial fines and prison time over 1 year.

All are correct -Civil law includes areas of the law such as contract issues, intentional torts, negligence, malpractice, family law (divorce, adoption), property law (e.g., land), and privacy issues.

Which of the following would be in civil court? -Dispute over real estate sale -All are correct -Intentional torts -Breach of contract -Divorce

Negligence -Negligence results when a person's conduct falls below the standard of behavior expected of a reasonable person in the same situation.

_____ results when a person's conduct falls below the standard of behavior expected of a reasonable person in the same situation. -Negligence -Defamation -Battery -Fraud -Assault

Punitive; nominal -Punitive damages are a vast payment meant to punish the defendant. Nominal damages are a very small settlement because the plaintiff's injury was slight.

______ damages are large payments intended to punish the defendant and ______ damages are very small settlements. -Compensatory; nominal -Punitive; nominal -Punitive; special -Special; general -Compensatory; special

Standard of care -Standard of care refers to the level and type of care an ordinary, prudent healthcare professional, having the same training and experience in a similar practice, would have provided under a similar situation.

______ refers to the level and type of care an ordinary, prudent healthcare professional, having the same training and experience in a similar practice, would have provided under a similar situation. -Scope of practice -Reasonable person standard -Tortfeasor -Standard of care