Chapter 4 - Legal Proceedings

Mrs. Black's filed a lawsuit against Mr. Brown. Mr. Brown ignored the summons and complaint. Under what legal theory did Mrs. Black win the case? Beyond a reasonable doubt Default judgement Directed verdict Preponderance of the evidence

Default judgement

A defendant fails to respond to a plaintiff's complaint. This may result in _____. Joinder A counterclaim Default judgment A crossclaim

Default judgment

Court orders for the production of records... Are issued by opposing counsel Do not require patient authorization Do require patient authorization Are the same as subpoenas for the production of records

Do not require patient authorization

A bench trial is a trial without a jury. True False

TRUE

A court order is issued by a judge. True False

TRUE

A judgment lien is an encumbrance placed on a defendant's property. True False

TRUE

An independent mental examination may be requested as a type of discovery. True False

TRUE

Appeals must be based on alleged errors or disputes of fact. True False

TRUE

Class action lawsuits proceed for groups of consumers. True False

TRUE

Discovery allows parties in a lawsuit to use strategies to obtain information held by other parties. True False

TRUE

Garnishment is a court-ordered collection of money damages that is awarded to the plaintiff through a set-aside of the defendant's wages. True False

TRUE

In most cases, a subpoena for health records must be accompanied by patient authorization. True False

TRUE

Joinder involves bringing an outsider into a lawsuit as a codefendant. True False

TRUE

Notification of a lawsuit ooccurs through sservice of a summons. True False

TRUE

Procedural law encompasses a court's rule s that guide a lawsuit. True False

TRUE

Written objections to subpoenas may be made in a motion to quash. True False

TRUE

Mary has been deposed via a subpoena deces tecum. As the HIM director of General Hospital, she will bring the health record of a patient. Of the following options, what will Mary's role be? Read the record to a judge Authenticate the record's validity Interpret the record's entries Decipher the physicians' illegible handwriting

Authenticate the record's validity

If a plaintiff incurs $30,000 in damages related to meidcal expenses and lost wages, what are these? Non-economic compensatory damages Economic compensatory damages Punitive damages Nominal damages

Economic compensatory damages

Two representatives from Mercy Hospital have been subpoenaed to attend a deposition in a medical malpractice case. Dr. Quick is the defendant. Julia Welch is the health information management director. Which of the following statements are most likely to be correct? 1. Dr. Quick received a subpoena and tesificandum 2. Dr. Quick received a subpoena duces tecum 3. Julia Welch received a subpoena duces tecum 4. Julia Welch received a subpoena and tesificandum 5. As a non-party, Dr. Quick can be subpoenaed. 6. As a party, Julia Welch can be subpoenaed. 7. As a non-party, Dr. Quick can be subpoenaed. 8. As a party, Dr. Quick can be subpoenaed. 1, 3, 6, and 8 2, 4, 5 and 7 1, 3, 5 and 8 2, 3, 6 and 8 1, 4, 5 and 7

1, 3, 5 and 8

When a patient discovers that a hemostat has been left in his abdomen by a surgeon, the patient has a cause of action to bring a lawsuit. To bring suit, the patient must document and serve his allegations to the surgeon. The surgeon must respond via a legal document called a(n) _____. Answer Denial Subpoena Complaint

Answer

A jury rendered a judgment against the defendant in a lawsuit. The defendant decided to appeal the decision. In his capacity as the appealing party, the defendant is the: Appellee Appellant Respondent None of the above

Appellant

Service of a summons and complaint: Requires adequate notice to the defendant May occur in person or via mail Both a and b None of the above

Both a and b

Actual damages, which compensate a plaintiff for losses incurred, are... Nominal Compensatory Non-economic Punitive

Compensatory

When a patient discovers that a sponge has been left in his abdomen following surgery, the patient has a cause of action to bring a lawsuit. To bring suit, the patient must document and serve his allegations to the surgeon in a legal document called a(n)... Answer Denial Subpoena Complaint

Complaint

A plaintiff files a lawsuit against a defendant. The defendant, in turn, files a lawsuit against the plaintiff a.) and against a co-defendent b.). These two actions, a.) and b.) are called _____. Crossclaim; counterclaim Joinder; crossclaim Counterclaim; crossclaim Default judgment; counterclaim

Counterclaim; crossclaim

A cross-claim is a claim by a defendant against a plantiff. True False

False

Dr. Howard is called to testify in a medical malpractice case against Dr. Dale. He testifies that, based on his expertise of the subject matter, Dr. Dale did not commit medical malpractice. In this case, Dr. Howard is a(n)... Bailiff Lay witness Juror Expert Witness

Expert Witness

A civil judgment is always expressed in dollar amounts. True False

FALSE

A defendant is not permitted to be in the courtroom when the plaintiff's witnesses are testifying. True False

FALSE

A deposition does not occur under oath. True False

FALSE

A subpoena duces tecum primarily seeks an individual's testimony. True False

FALSE

A subpoena is another name for a court order. True False

FALSE

Admissibility refers to evidence that parties can obtain during the pretrial period. True False

FALSE

An expert witness is called to testify based on her own observations of the situation that prompted the lawsuit. True False

FALSE

In civil cases, the burden or proof is "beyond a reasonable doubt." True False

FALSE

Interrogatories are prepared for both independent witnesses and parties to a lawsuit. True False

FALSE

Peremptory challenges are dismissals of jurors based on stated reasons. True False

FALSE

The party that appeals a lower court's decision is the appellee. True False

FALSE

Class action lawsuits often involve... Students against teachers Groups of consumers against large entities Physicians against other physicians Hospitals against insurance companies

Groups of consumers against large entities

Because a plaintiff's objected to the defendant receiving and reviewing her medical records, the judge decided that the records would be produced directly to the court so that he could personally review them in his chambers to determine their discoverability. This process is called... Objection In camera inspection Subpoena Duces Tecum Admissibility

In camera inspection

Formal, written objections to subpoenas are often made in a... Motion to quash Denial to respond Refusal Letter

Motion to quash

Dr. Huffman has been sued by a patient for a faulty hip replacement procedure. Dr. Huffman believes he did not commit an error, but that the artificial hip was defective. He brings in OrthoJoint, the manufacturer, as a defendant. The process Dr. Huffman has just completed is... Counterclaim Joinder Crossclaim Litigation

Joinder

Mrs. Black sued Mr. Brown for failing to return the mechanics of a clock to her after he failed to build a clock case. Mr. Brown ignored Mrs. Black's lawsuit, and she won a judgement of $1000.00. The court encumbered Mr. Brown's property so that, when he tried to sell it three years later, he was unable to take any profit from the sale until Mrs. Black was first paid. This collection is called... Writ of execution Garnishment Judgment Lien Equity

Judgment Lien

The legal proceedings that accompany a lawsuit are called... Complaint Default Judgement Summons Litigation

Litigation

A subpoena... Is a method of discovery Is the same as a court order May be issued by a party's attorney Is used only in civil cases

May be issued by a party's attorney

Excusal of a juror without a stated reason is (a)... Voir Dire Peremptory challenge Stare decisis Res judicata

Peremptory challenge

A lawsuit has been filed against Pineview Hospital for bodily injuries allegedly suffered by a patient during his inpatient hospital stay. Legal counsel for the hospital believes the injuries reported in the plaintiff's complaint are exaggerated. He uses which of the following discovery methods to determine the true extent of the injuries? Subpoena duces tecum Subpoena and testificandum Physical examination Mental examination

Physical examination

The burden of proof in which a plaintiff must prove that it was "more likely than not" that each element of a case was met is called... Beyond a reasonable doubt Compensatory damages Equity Preponderance of the evidence

Preponderance of the evidence

A court's rules that guide a lawsuit from its beginning through competition is... Substantive law Procedural law Federal Rules of Civil Procedure Subpoenas

Procedural law

A plaintiff's attorney has filed a state-law complaint in federal court. This is an error of what nature? Discovery Procedural law Federal Rules of Criminal Procedure Joinder

Procedural law