Week 3 Assignment + Quiz (Ch 5 + 6)

Summons

A written notification issued by the clerk of the court and delivered with a copy of the complaint to the defendant in a lawsuit, directing him or her to respond to the charges brought in a court of law

Interrogatory

A written set of questions requiring written answers from a plaintiff or defendant under oath

Claims-made insurance

A type of liability insurance that covers the insured only for those claims made (not for any injury occurring) while the policy is in force

◘ Res judicata

"The thing has been decided." Legal principle that a claim cannot be retried between the same parties if it has already been legally resolved.

◘ Denial

A defense that claims innocence of the charges or that one or more of the four Ds of negligence are lacking.

◘ Assumption of risk

A legal defense that holds that the defendant is not guilty of a negligent act because the plaintiff knew of and accepted beforehand any risks involved.

Subpoena

A legal document requiring the recipient to appear as a witness in court or to give a deposition

Subpoena duces tecum

A legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit

Prior acts insurance coverage

A supplement to a claims-made insurance policy that can be purchased from a new carrier when health care practitioners change carriers

◘ Release of tortfeasor

A technical defense that prohibits a lawsuit against the person who caused an injury (the tortfeasor) if he or she was expressly released from further liability in the settlement of a suit.

◘ Emergency

A type of affirmative defense in which the person who comes to the aid of a victim in an emergency is not held liable under certain circumstances.

Occurrence insurance

A type of liability insurance that covers the insured for any claims arising from an incident that occurred, or is alleged to have occurred, during the time the policy is in force, regardless of when the claim is made

A health care practitioner who practices the "four Cs of medical malpractice prevention" finds two important benefits related to one of the "Cs"—that is, improvement in patients' medical conditions and the decreased likelihood that they will sue. Which "C" is most likely to provide these benefits? A) Caring B) Communication C) Control D) Competence

A) Caring -- There are two important benefits in showing patients a caring attitude. First is improvement in their medical condition. A secondary benefit is the decreased likelihood that patients will feel the need to sue if treatment has unsatisfactory results, or if adverse events occur. The practitioner should be sincere, because others often quickly sense insincerity.

___________clearly dictate(s) what a member of a health care profession can and cannot do on the job. A) Laws B) A certified medical assistant C) Your boss D) Moral and ethical beliefs

A) Laws

If a mistake is made in patient care and the health care provider is honest with the patient about the error, the patient is: A) Less likely to file a suit B) More likely to file a suit C) Almost certain to file suit D) Only able to sue the hospital

A) Less likely to file a suit

When a nurse fails to use sterile technique while doing a dressing change and the wound becomes infected, she could be sued for ______________. A) Misfeasance B) Nonfeasance C) Negligence D) Malfeasance

A) Misfeasance

A health care professional who does not follow the reasonable standard of care could be sued for ____________. A) Negligence B) Misfeasance C) Nonfeasance D) Malfeasance

A) Negligence

Which of the following insurance policies cover incidents that occurred before the beginning of the new insurance relationship but that have not yet been brought to the insured's attention as a claim? A) Prior acts coverage B) Self-insured coverage C) Claims-made coverage D) Occurrence coverage

A) Prior acts coverage -- Prior acts coverage, also known as "nose" coverage, covers incidents that occurred prior to the beginning of the new insurance relationship but that have not yet been brought to the insured's attention as a claim. Occurrence insurance covers the insured for any claims arising from an incident that occurred or is alleged to have occurred while the policy is in force, regardless of when the claim is made. Claims-made insurance covers the insured only for those claims made (not for any injury occurring) while the policy is in force. Self-insurance is when a provider uses a trust fund for coverage.

In an informal proceeding of arbitration, each side presents evidence and witnesses. In the dispute resolution method, referred to as med-arb, who resolves the dispute if the two parties are unable to reach an agreement after mediation? A) The mediator B) The jury C) The judge D) The court

A) The mediator -- In the alternative dispute resolution method called med-arb, the mediator resolves the dispute if the two parties are unable to reach an agreement after mediation.

◘ Comparative negligence

An affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree.

◘ Contributory negligence

An affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury.

Tail coverage

An insurance coverage option available for health care practitioners: when a claims-made policy is discontinued, it extends coverage for malpractice claims alleged to have occurred during those dates that claims-made coverage was in effect

Self-insurance coverage

An insurance coverage option whereby insured subscribers contribute to a trust fund to be used in paying potential damage awards

Which of the following is NOT one of the actions that may potentially prevent litigation? A) Listening to the patient B) A private hospital room C) Investigation of the error D) Financial compensation

B) A private hospital room

The family of a patient sues for wrongful death when the patient's death was judged to have been due to the negligence of the health care practitioners. What might the family collect from a settlement of this case? A) An award to punish the health care provider. B) An award for the loss to the patient's estate for future earnings. C) An award covering medical costs for the patient. D) An award providing health care for the family.

B) An award for the loss to the patient's estate for future earnings. -- When it is determined that there was a wrongful death due to negligence, the court will award damages to the patient's estate for future earnings.

A certified medical assistant is constantly updating her knowledge and skills by attending in-services and seminars. This person is practicing which of the "4 Cs of medical malpractice prevention"? A) Caring B) Competence C) Charting D) Communication

B) Competence -- In order to be competent, the health care professional should stay informed about general medical and scientific progress by reading professional journals, attending seminars and professional association meetings, and fulfilling continuing education requirements.

Which of the following is not one of the "C"s of medical malpractice prevention? A) Communication B) Consult C) Caring D) Charting

B) Consult -- The missing "C" of medical malpractice prevention is Competence.

A patient is properly cared for by the nurse practitioner. Which of the following describes one of the elements that the nurse practitioner has successfully met? A) Dereliction B) Duty C) Damages D) Direct cause

B) Duty -- Duty is the provision of care. Dereliction is when the health care provider breaches duty of care. Damages are the legally recognizable injury to a patient. Direct cause is when the provider's actions are a direct cause of the patient's injury.

The obligation of health care professionals to patients and, in some cases, non-patients is ______. A) Standard of Care B) Duty of Care C) Dereliction of Care D) Reasonable Person Standard

B) Duty of Care

A deposition may be taken in which phase of the lawsuit? A) Trial B) Interrogatories C) Pleadings D) Summons

B) Interrogatories -- In the interrogatory phase of a lawsuit, a court order may be issued commanding the presence of an individual to provide sworn testimony outside the court. A trial is when the plaintiff's and defendant's positions are heard in open court. A summons is an order for the court to appear, but it could be to appear in court during the trial. Pleadings are documents filed with the court before the trial.

If Elaine were to fix the student's catheter and something were to go wrong, she could be charged with: A) Nuisance B) Negligence C) Insubordination D) Derelict of Duty

B) Negligence

What are the two factors that would influence the cost of premiums for a malpractice insurance policy? A) Size of the practice and the number of staff members. B) The dollar amount covered by the insurance policy and the physician's specialty. C) The length of time the physician has been a specialist and the dollar amount covered. D) Whether the physician has hospital-admitting privileges and the type of practice.

B) The dollar amount covered by the insurance policy and the physician's specialty. -- The type of specialty and the dollar amount of coverage are two factors that will increase the cost of premiums for malpractice insurance.

What is the difference between a subpoena and subpoena duces tecum? A) There is no difference. B) Subpoena duces tecum is just an old-fashioned term for subpoena. C) A subpoena duces tecum requires that documents and records be brought to court. D) A subpoena requires that an individual appear in court.

C) A subpoena duces tecum requires that documents and records be brought to court. -- A subpoena requires the recipient to appear in court as a witness. A subpoena duces tecum requires the individual to bring certain records and documents to court.

Which of the following is an example of respondeat superior? A) An employee assaults someone in the parking lot. B) An employee steals narcotic drugs from the medication room. C) An employee accidently administers the wrong medication. D) An employee knowingly defames the character of a patient.

C) An employee accidently administers the wrong medication.

In a hospital, a certain standard of care is expected of health care practitioners. Which of the following best describes this concept? A) Legal responsibility. B) Minimum care as needed. C) An expected level of performance. D) Obligation to care.

C) An expected level of performance. -- An expected level of performance is referred to as a standard of care.

For legal purposes, the health care professional should know that if it isn't in writing and explained completely and accurately, it wasn't done. To which of the following "4 Cs of medical malpractice prevention" does this statement refer? A) Caring B) Competence C) Charting D) Communication

C) Charting -- For legal purposes, if it isn't in writing and explained completely and accurately, it wasn't done. This is called charting and includes all types of records related to the patient's health.

What instrument of risk management is particularly beneficial for following coding and billing regulations for Medicare, Medicaid, and other government plans? A) Credentialing B) Quality improvement C) Compliance plan D) Quality assurance

C) Compliance plan -- A compliance plan is developed to help ensure that all governmental regulations are followed. Such a plan is especially beneficial for following coding and billing regulations for Medicare, Medicaid, and other government plans. These plans are one aspect of quality improvement/quality assurance or quality management. Credentialing is the process of verifying a health care provider's credentials.

When health care practitioners are sued for medical malpractice, this term generally means any deviation from the accepted medical standard of care that causes injury to a patient. A) Misfeasance B) Nonfeasance C) Negligence D) Malfeasance

C) Negligence

If you had made the same mistake that this laboratory tech did, what would be the first appropriate course of action? A) Do not tell anyone B) Tell the patient C) Notify your supervisor D) Admit the mistake only if the patient became suspicious

C) Notify your supervisor

A surgeon removes the wrong kidney from a patient. The patient can sue under which of the following legal doctrines? A) Res judicata B) Respondeat superior C) Res ipsa loquitur D) Caveat emptor

C) Res ipsa loquitur -- Res ipsa loquitur is also known as the doctrine of common knowledge, meaning that the mistake is so obvious that negligence is obvious. Res judicata is the Latin term for the thing has been decided, that is, a claim cannot be retried if it has been legally resolved. Respondeat superior is Latin for let the master answer, which means that the employer is responsible for the acts of the employee. Caveat emptor is Latin for buyer beware.

Liability insurance

Contract coverage for potential damages incurred as a result of a negligent act

For which of the following examples would implied consent not be legally appropriate? A) A physician treating a patient for lung cancer. B) A patient providing a urine specimen to check for a UTI. C) A nurse taking a blood pressure in the exam room. D) A patient agreeing to a test for HIV.

D) A patient agreeing to a test for HIV. -- By giving consent, the patient gives permission, either expressed (orally or in writing) or implied, for the physician to examine him or her, to perform tests that aid in diagnosis, and/or to treat for a medical condition. When the patient makes an appointment for an examination, that patient has given implied consent for the physician to perform the exam. Likewise, when he or she cooperates with various diagnostic testing procedures, implied consent for the tests has been given. However, testing for HIV must have written consent from the patient.

Poor quality practices in the following area(s) can cause a greater risk of litigation: A) Patient scheduling B) Medical record charting C) Communicating with patients D) All of these are correct

D) All of these are correct

As employers, physicians have general liability for many aspects of their business. Which of the following does not fall under the responsibility of the employers? A) The practice's buildings and grounds B) Automobiles used in the practice C) Employee safety D) Employees driving to and from the workplace

D) Employees driving to and from the workplace -- Employers are not responsible for employees traveling to and from work. However, if the employee must use their personal automobile for the employer's purposes during the day, then the employer is liable. Employers are also responsible for the building and grounds and employee safety.

Which doctrine says a lawsuit cannot move forward if a certain period of time has elapsed? A) Res judicata B) Release of tortfeasor C) Good Samaritan statutes D) Statute of limitations

D) Statute of limitations -- The statute of limitations sets the time period in which a party may be sued for negligence. The Good Samaritan statute protects individuals who act in an emergency. Release of tortfeasor is a technical defense in an already filed lawsuit. Res judicata means the claim cannot be retried.

Employers are liable for the acts of their employees under the law of ______. A) liability B) expression C) the agent D) agency

D) agency

The law of ______ makes employers liable for the actions of their employees. A) liability B) expression C) the agent D) agency

D) agency -- The law of agency makes employers liable for the actions of their employees.

A provider breaches duty of care to a patient. This element of negligence is defined as A) malfeasance. B) nonfeasance. C) damages. D) dereliction.

D) dereliction. -- Dereliction is when the health care provider breaches duty of care. Nonfeasance is the failure to act. Malfeasance is to act in a wrongful or unlawful way. Damages are the legally recognizable injury to a patient.

All of the following guidelines are in place to help health care practitioners stay within their scope of practice and operate within the law except A) following an employer's established policies dealing with the health care contract. B) maintaining and disposing of regulated substances in compliance with government guidelines. C) maintaining confidentiality. D) documenting care accurately for a fellow medical assistant.

D) documenting care accurately for a fellow medical assistant. -- Following an employer's established policies dealing with the health care contract, maintaining and disposing of regulated substances in compliance with government guidelines, maintaining confidentiality, and practicing within the scope of your training and education are all guidelines established to help health care practitioners stay within their scope of practice and operate within the law. Documenting, although accurately, for a fellow medical assistant is not lawful. Only the practitioner who provides patient care should document services rendered.

Medical malpractice insurance that covers the insured only for any claims arising from an incident that occurred, or is alleged to have occurred, during the time the policy was in force, regardless of when the claim is made is called A) prior acts coverage. B) self-insured coverage. C) claims-made coverage. D) occurrence coverage.

D) occurrence coverage. -- Occurrence insurance (also known as claims-incurred insurance) covers the insured for any claims arising from an incident that occurred or is alleged to have occurred while the policy is in force, regardless of when the claim is made. Claims-made insurance covers the insured only for those claims made (not for any injury occurring) while the policy is in force. Self-insurance is when a provider uses a trust fund for coverage.

To improve the quality of communication, you should listen actively, communicate clearly, AND confirm with the patient that you have been _______________. A) knowledgeable in your response B) licensed C) timely D) understood

D) understood

◘ Affirmative defenses

Defenses used by defendants in medical professional liability suits that allow the accused to present factual evidence that the patient's condition was caused by some factor other than the defendant's negligence.

◘ Technical defenses

Defenses used in a lawsuit that are based on legal technicalities.

Damages

Monetary award due to the dereliction of duty causing injury to the patient.

Testimony

Statements sworn to under oath by witnesses testifying in court and giving depositions

Put the following seven steps in the correct order.

Step 1 - The jury is selected (if one is to be used), and the trial begins. Step 2 - Opening statements are made by the lawyers for the plaintiff and the defendant, summarizing what each will prove during the trial. Step 3 - Witnesses are called to testify for both sides. They may be cross-examined by opposing attorneys. Step 4 - Each attorney makes closing arguments that the evidence presented supports his or her version of the case. No new evidence may be presented during summation. Step 5 - The judge gives instructions to the jury (if one was chosen), and the jury retires to deliberate. Step 6 - The jury reaches a verdict. Step 7 - The final judgment is handed down by the court. The judge bases his or her decision for judgment on the jury's verdict.

Deposition

Sworn testimony given and recorded outside the courtroom during the pretrial phase of a case

Direct Cause

The breach of the duty of care to the patient was a direct cause of the patient's injury.

Dereliction

The health care provider breached the duty of care to the patient.

Duty

The person charged with negligence owed a duty of care to the accuser.