Law & Ethics: Ch 5 (Professional Liability and Medical Malpractice)

Interrogatory or pretrial discovery phase

A pretrial conference may be called in the ___ phase of a lawsuit

Summons

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

Liable

Legally responsible or obligated. All competent adults apply both on the job and in private lives. Physicians have liability for: the practice's building and grounds, autos, employee safety

Damages

Monetary awards sought by plaintiffs in lawsuits

Punitive

Money awarded is intended to punish the defendant

Nominal

Money is awarded the plaintiff, recognizing a wrong, but the amount is nominal

Duty, Dereliction, Direct Cause, Damages

Name the four Ds of negligence

General compensatory

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

General compensatory

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

Privileged communication

Info held confidential within a protected relationship (attorney/client, doctor/patient)

Deposition

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

Confidentiality

The act of holding info within a protected relationship

Duty of care

The legal obligation of health care workers to patients and sometimes nonpatients. Generally if actions within the scope of a health care practitioners job could cause harm to someone, that person is owed a duty of care.

Standard of care

The level of performance expected of a health care practitioner in carrying out their duties.

Misfeasance

The performance of a lawful act in an illegal or improper manner

Subpoena

a court order for an individual to appear in court is called a

Interrogatory or pretrial discovery phase

a deposition is taken in the ____ phase of a lawsuit

Trial phase

a jury is selected in the ___ phase of a lawsuit

The patient could sue the hospital

a patient falls on a hospitals slippery tile floor and injures herself. assuming that patient safety procedures were lax, what undesirable occurrence could result for the hospital

Appeals

a plea is made for the case to be reviewed by the higher court in the ___ phase of a lawsuit

Summons

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

interrogatory

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

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

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

Any medical assistant

an off duty certified medical assistant helps a pregnant woman deliver in a movie theater restroom. to what standard of care would the CMA be held

The Practice's Building and Grounds Automobiles employee safety

as employers, physicians have general liability in what three areas:

Trial phase

attorneys make opening and closing statements in the ____ phase of a lawsuit

Subpoena Duces Tecum

bring certain written records to be used as evidence

general compenstatory

compensate for injuries or losses due to violation of patients rights. physical disabiity, loss of earnings, mental anguish. award specified by court. dollar value need not proved, loss must be proved

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

how is mediation best defined

Duty of care

if a custodian sues an employing physician for ordering her to lift a heavy bookcase that injures her back, what is the issue of liability

Interrogatory or pretrial discovery phase

in the ___ phase of a lawsuit, subpoenas are issued

duty of care is owed to the woman and her baby

in the previous situation to whom is a duty of care owed

In the presence of other patients in a clinic waiting room, a CMA tells a patient that her pregnancy test was positive.

in which of the following situations has patient privacy been violated

special compenstatory

losses not directly caused by the wrong, ex: additional medical expenses. award specified by court, dollar value and loss must be proved

General compensatory

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

duty of care

obligation of health care professionals to patients and in some cases non patients

Common knowledge

res ipsa loquitur is the doctrine of

alternative dispute resolution

settlements outside of court with mediators

wrongful death statutes

state statutes that allow a persons beneficaries to collect for loss to the estate for future earnings when a death is judged to have been due to negligence

testimony

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

reasonable person standard

that standard of behavior that judges a persons actions in a situation according to what a reasonable person would/wouldnt do under similar circumstances

direct cause

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

all of these

the doctrine of res ipsa loquitur might be applied in which of the following: a. A surgeon operates on a patient's foot, but it is the wrong foot b. A woman's front teeth are knocked out while she is under anesthesia for surgery on her toe c. A woman is anesthetized for a tubal ligation, but receives a hysterectomy d. All of these

nonfeasance

the failure to act when one should

duty, dereliction, direct cause, damages

the four D's: elements necessary to prove negligence

dereliction

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

malfeasance

the performance of a totally wrongful and unlawful act

duty

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

res ipsa loquitor

the thing speaks for itself. also known as the doctrine of common knowledge. so obviously negligent no expert witness needed

damages

there is a legally recognizable injury to the patient

consequential

to compensate for losses caused indirectly by a product defect. no limits on damages if personal injuries

punitive

to punish offender, some cases amount set by law

nominal

to recognize the rights of patient were violated, token $1

Negligence

what is the basis for most medical malpractice claims

The case can be lost by default

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

They testify about the medical care given to the patient

what purpose do expert witnesses serve in a medical negligence lawsuit

Plaintiff

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

you may be charged with contempt of court

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

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

which of the following statements best defines alternative dispute resolution

If one uses the title "nurse," one can be held to the standard of care of a nurse.

which of the following statements is true of standard of care

A person who was present during certain events, and can tell what happened

who is most likely to give factual testimony in a trial

Trial phase

witnesses are called to testify in the ____ phase of a lawsuit