HES120 Law and Ethics CH. 1-5 Chapter review

what is a copayment?

A set amount that each patient pays for each office visit

critical thinking skills include

First clearly defining a problem

liable

legally responsible

what is the consideration of a contract?

something of value bargained for

Which of the following legal actions may be taken if you are subpoenaed to appear in court as a witness or to give a deposition and you fail to appear?

you can be immediately jailed

Ethics

Standards of behavior, developed as a result of one's concept of right and wrong

Laws vary from state to state, but unprofessional conduct for medical professionals usually includes

*physical abuse of a patient *inadequate record keeping *failure to meet continuing education requirements

Name 5 bioethical issues of concern in today's society

1. what ethics should guide biomedical research? 2. what ethics should guide organ transplants? 3. what ethics should guide fetal tissue research? 4. do reproductive technologies offer hope to the childless, or are they unethical? 5. should animals ever be used in research? 6. how ethical is genetic research?

define tort

A civil wrong committed against a person or property, excluding breach of contract.

Summary Judgement

A decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial.

Bioethics

A discipline dealing with the ethical implications of biological research methods and results, especially in medicine.

How is mediation best defined?

A neutral third party listens to both sides of the argument and then helps resolve the dispute.

Which of the following is true of Lawrence Kohlberg's theory of the development of moral reasoning?

A social contract is formed during the post-conventional morality stage

Which of the following indicates a health care facility, education program, or managed care organization is credible and maintains high standards?

Accreditation

if a physician examines a patient without consent, he or she could be charged with which of the following offenses?

Battery

Conviction of a crime

Can result in loss of license

The defendant must pay, but the dollar value of the violation need not be proved

Consequential damages

What duties might a medical ethicist perform?

Consult with physicians, researchers, and others to help them make difficult decisions They may also sit on the ethics committee if such a specialist is available

which of the following health care practitioners can submit bills for their services on their own?

Dietitians, advanced registered nurse practitioners, physicians

Name the 4 D's of negligence

Duty Dereliction Damage Direct Cause

Administrative Law

Enabling statutes enacted to define powers and procedures when an agency is created

Health care practitioners' actions generally classified as fraud include

Falsifying medical diploma and other credentials, falsifying medical reports, promising a patient "secret cures" or other special ways to cure an ailment

Monetary compensation awarded to a plaintiff to compensate for injuries or losses due to a violation of the plaintiff's rights

General compensatory damages

What Greek physician is known as the father of medicine?

Hippocrates

Name the pledge for physicians that remains influential today.

Hippocratic Oath

The National Practitioner Data Bank

Is accessible only to hospitals and health care plans

How does Lawrence Kohlberg's theory of moral reasoning differ from Piaget's theory?

Kohlberg theorized that moral development occurs more gradually and takes longer than Piaget proposed

Involves a mandatory credentialing process established by law, usually at the state level.

Licensure

Required of all physicians, dentists, and nurses in every state

Licensure

To obtain, one must complete a course of study, followed by an occupation specific examination

Licensure

Which of the following is mandatory for certain heath professionals to practice in their field

Licensure

Each state's medical practice acts also provide for the establishment of

Medical boards

The authority that governs the practice of medicine is called

Medical practice act

money is awarded to the plaintiff, recognizing a wrong, but the amount is nominal

Nominal damages

What recent federal law provides for the establishment of state-run insurance exchanges?

Patient Protection and Affordable Care Act

which federal law mandated that insurers carry children of an insured individual through age 26 and prohibited refusing to insure clients with preexisting conditions?

Patient Protection and Affordable Care Act

what ethics code superseded earlier codes to become the definitive guide for a physician's professional conduct?

Percival's Medical Ethics

When a patient sues a physician for negligence, who has the burden of proof in court?

Plaintiff

A licensed advanced registered nurse practitioner might be accused of scope of practice violations if...

Prescribed controlled substances without a supervisions physicians knowledge or permission

Which of the following practices let's a licensed health care practitioner transfer his/her license to a new state after moving without repeating an examination?

Reciprocity

In which of the following situations may a physician practice without a license in a specific state?

Responding to emergency, employed by the US Armed Forces, engaged solely in research and not treating patients

law

Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority

the defendant must pay, the dollar value need not be proved, but the loss must be proved

Special Compensatory damages

Etiquette

Standards of behavior considered to be good manners among members of a profession as they function as individuals in society

Which of the following statements is not true of accreditation?

State law says it must be renewed every year

A court order for an individual to appear in court is called?

Subpoena

an order to bring certain records to court is called

Subpoena Duces Tecum

Define deposition

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

Common Law

The body of unwritten law developed from England, primarily from judicial decisions based on custom and tradition

How are violations of etiquette handled?

The employee could possibly gain verbal warning, written up and stored in their file; or demoted or fired.

What is bioethics concerned with?

The ethical implications of biological research methods and results

Which of the following statements concerning health care practice management is not true?

The number of sole proprietorships is increasing

Teleological or consequence-oriented theories judge the rightness of a decision based on

The outcome or predicted outcome of the decision

Which of the following is not true of Piaget's stages of value development?

The preoperational stage of development is characterized by abstract reasoning

Immanuel Kant's Categorical Imperative states that:

The right action is one based on a determined principle, regardless of outcome

Virtue ethics focuses on:

The traits, characteristics, and virtues that a moral person should have

Which of the following is not true of accrediting agencies?

They never charge a fee

Which of the following is not a purpose of medical practice acts?

To be sure physicians are adequately compensated for their services

Which of the following is an advantage that might apply to individuals attending an accredited health care education program?

Transfer of credits more easily if one changes schools, more likely to obtain license after graduation, more likely to be selected for federal student aid program

which of the following best defines a managed care health plan?

a corporation that pays for and delivers care to subscribers

Regulation Z of the Consumer Protection Act of 1968 requires that certain financial arrangements be in writing and include

a finance charge

Which of the following statements is true?

a majority of health care practitioners now work for corporations

According to the reasonable person standard as discussed in this chapter, in which of the following situations might a person be charged with negligence?

a nurse fails to document her administration of a patient's medicine, and another nurse unknowingly administers a second dose, which constitutes an injurious overdose for the patient

which of the following is an example of an implied contract?

a physical therapist meets regularly with a patient and administers range of motion exercises

when physicians, hospitals, and other health care providers contract with one or more HMOs or directly with employers to provide care, what is it called?

a physician-hospital organization

How is unethical behavior punished?

although, a professional group cannot revoke a member's license to practice, unethical members may be expelled from the group, suspended for a period of time, or ostracized by other members. It can result in loss of income and eventually the loss of practice if, as a result of that behavior, patients choose another practitioner.

who is most likely to give factual testimony in a trial?

an expert who knows how certain medical treatments should be performed

Negligence is

an unintentional tort

A lab technician fails to use an alcohol swab on the draw site before drawing blood from a patient. However, the tech uses all other standards of care when drawing the blood. To what standard of care could the lab tech be held?

any reasonable person?

which of the following is recommended by the Joint Commission as a safe and reliable way of checking a patient's identity before surgery?

ask the patient his/her name and birth date, and check for accuracy of both on her ID band

Why did Tom and Bill in this chapter's opening scenario come to different decisions?

because of differences in their societal, cultural, and family influences

Violation of a professional organization's formalized code of ethics

can lead to expulsion from the organization

Involves a voluntary credentialing process, usually national in scope, most often sponsored by a private-sector group

certification

which of the following is not true of Jean Piaget's theory of value development?

children in the sensorimotor stage of development see things as right or wrong

Res Ipsa Loquitur is the doctrine of

common knowledge

precedent

decisions made by judges in the various courts and used as a guide for future decisions

Substantive Law

defines the legal relationship of people with other people or between people and the state

Procedural Law

defines the rules used to enforce substantive law

a physician assistant is seeing a patient in an assisted living facility. Her patient clearly has the flu. She treats the patient and then advises the facility's nursing director of the communicable disease. This is an example of?

duty of care?

Licensure to practice medicine is done by

each individual state

which of the following is not a stated goal of the Health Insurance Portability and Accountability Act?

ensure that every person has health insurance

written codes of ethics for health care professionals

evolved primarily to serve as moral guidelines for those who provided care to the sick

Which of the following penalties could ensue if a health care facility has a large number of patient safety violations?

facility could lose accreditation, fines could be levied, medical practice claims could increase

For what are health care practitioners legally liable?

for actions of their employees, performed in the course of employment

Sellers and manufacturers can be held legally responsible for defective medical devices and products through what charges?

fraud, breach of warranty, misrepresentation of the product through untrue statements made by the manufacturer or seller

List 3 areas where health care practitioners can gain insight through studying law and ethics

health care practitioners who function at the highest possible levels have a working knowledge of laws and ethics helps practitioners avoid legal entanglements help familiarize practitioners with rights, responsibilities, legal and ethical issues facing society, etc.

under what circumstances may a breach of contract be charged?

if either party fails to fulfill the terms of a valid contract

which of the following statements is true of standard of care?

if one uses the title "nurse" one can be held to the standard of care of a nurse

in which of the following situations has patient privacy been violated?

in the presence of other patients in the clinic waiting room, a medical assistant tells a patient that her pregnancy test was positive

Intentional torts

include assault, battery, and defamation

Alasdair MacIntyre argues that

individuals who have certain desirable qualities will make the right decisions

Criminal Law

involves crimes against the state

The statute of frauds

is state legislation governing written contracts

Civil Law

is the area of law most likely to affect health care practitioners

a contract

is valid only if parties on both sides are competent

which of the following defines utilitarianism?

it is a consequence-oriented theory that states that decisions should be made by determining what results will produce the best outcome for the most people

which of the following best defines duty-oriented moral reasoning?

it is a 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

How is Abraham Maslow's theory of needs-based motivation best defined?

it is a theory that says human behavior is based on specific human needs that must often be met in a specific order.

A civil offense

may involve a family matter

what is another term for your personal concept of right and wrong?

moral values

What is the basis for most medical malpractice claims?

negligence?

a contract may be voidable if?

one party is a minor

The basis for ethical conduct includes

one's morals, one's culture, and one's family

a patient falls on a hospital's slippery tile floor and injures herself. Assuming the patient safety procedures were lax, what undesirable occurrence could result for the hospital?

patient could sue the hospital

What is a tortfeasor?

person who commits a tort

under this type of plan, insured patients must designate a primary care physician (PCP)

point-of-service plan

Under this type of plan, a patient may see providers outside the plan, but the patient pays a higher portion of the fees.

preferred provider plan

third-party payer contracts

promise in writing that a third party will pay a patient's medical bill

Money awarded is intended to punish the defendant.

punitive damages

Consists simply of an entry in an official record

registration

Involves simply paying a fee

registration

which of the following is an advantage for settling a medical malpractice dispute through ADR?

relationships and reputations can remain intact

which of the following statements best defines alternative dispute resolution?

settlement of civil disputes between parties using neutral mediators or arbitrators without going to court

a written notification to appear in court to defend against a lawsuit is called?

summon

The doctrine of res ipsa loquitur might be applied in which of the following?

surgeon operates on a patient's foot, but it is the wrong foot. a woman's front teeth are knocked out while she is under anesthesia for surgery on her toe woman is anesthetized for tubal litigation but receives a hysterectomy

what is the result if you are the plaintiff or the defendant in a lawsuit and you fail to appear in court?

the case can be lost by default

Jurisdiction refers to:

the court has the authority to hear and decide a case

Law is

the minimum standard necessary to keep society functioning smoothly

what purpose do expert witnesses serve in a medical negligence lawsuit?

they testify about the medical care given to the patient

What is the purpose of a professional code of ethics?

to govern behavior of members and to increase the level of competence and standards of care within the group

In the previous situation, to whom is a duty of care owed?

to the patient

Unethical behavior is always

unacceptable

Unlawful acts are always

unacceptable, unethical, and punishable by legal means