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
