Jurisprudence Exam 1

An example of procedural law would be?

relies on accurate documentation and the patient has a duty to the physician of honesty and compliance

ignoring inappropriate behavior repetitively leads to fewer feelings of accountability

when a healthcare practitioner fails to exercise ordinary/usual and customary care and patient is injured

"choose to" refers to?

A doctor-patient relationship is based on a Fiduciary relationship which means what?

protecting the health/safety/welfare of health care consumers through proper licensing and regulation of physicians

credentialing process where one's name is listed on a register as having paid a fee or met criteria w/in a profession

define one's personal/internal principles of right and wrong often derived from family (compassion, integrity, etc)

a license is revoke or suspended based on tax evasion, assault/battery, practicing w/out a license, negligence

the Code of Ethics has 7 general principles. Which is NOT one of them?

there is legally recognizable injury to the patient

has no personal knowledge of the facts and testifies as to his/her opinion within a reasonable degree of certainty

when a license is temporarily recalled

"have to" refers to?

Criminal Law

Examples of a misdemeanor include:

crime punishable by a fine or imprisonment in a facility other than prison for less than one year

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

denial of negligence and asserts outcome was caused by other factors for defenses of malpractice

description of specific procedures/actions permitted for a licensed/non licensed pro; based on state's laws and boards

Compensates for injuries or losses (breach of contract/tort)

Intentional torts include:

mistake is so obvious or "the thing speaks for itself"; a surgeon cutting off the wrong limb

The plaintiff/patient has to prove all 4 D's of negligence to win a case?

In terms of power differential in a doctor-patient relationship, which is/are true?

voluntary credentialing process whereby applicants who meet specific requirements may receive certificate

What is The Law?

a doctor's Duty to the Profession includes what aspects?

a license is revoke or suspended based on breach of ethics, sexual misconduct, fee splitting, falsifying records

Types of Substantiative Law:

Libel defined as:

Intentional torts include: (continued)

Failure to use such care as a reasonable prudent and careful person would use under similar circumstances, failure

includes statutes enacted to define specific powers and procedures when agencies are created (IRS)

one who contributes to or aids commission of a crime by direct act/indirect act by watching and not giving aid/conceal

requires a claim to be filed within a specific amount of time discovering that a wrong has been committed

basic skill, care and level of performance expected of healthcare professionals in same branch of medicine

Not all unethical acts are illegal, but all illegal acts are unethical.

the judgement that healthcare providers use to determine whether an action should be allows based off right and wrong:

obligation of health care workers to patients

Examples of a felony include:

"ought to" refers to?

The 4 C's of medical malpractice prevention:

testifies from personal knowledge and cant testify in the form of an opinion (treating physician/patient)

Nonfeasance is defined as (one of the categories of Duty)

Civil Law

Which kind of tort is most often in healthcare and the basis of malpractice?

Slander defined as:

when a license is cancelled

proof of responsibility of the parties involved

an offense punishable by death or imprisonment in a state or federal prison for more than one year

Fiduciary Duty is defined as (one of the categories of Duty)

healthcare provider breached the duty of care to the patient

official authorization or approval for conforming to a specified standard for health care education programs

Misfeasance is defined as (one of the categories of Duty)

Sources of Law include:

set by legal precedent and established through common law based on custom and tradition

a license is revoke or suspended based on impaired ability to practice due to senility, injury, chronic alcoholism etc

mandatory credentialing process by law usually at state level granting right to practice skills and endeavors

part of Applied Ethics: ethical and professional principles like informed, gather patient history

What is a Tort?

The 4 D's of Negligence include:

legal agreement that is reached between two parties in a civil manner

process which a profession license obtained in one state is accepted as valid another state by prior aggreement

Malfeasance is defined as (one of the categories of Duty)

action or inaction of the patient was a contributing factor in the damages that were incurred

During what instance does the doctor-patient relationship NOT begin?

Why should you study Jurisprudence and legal stuff?

Torts are included under which Law?

define rules used to enforce substantiative law

Medical Practice Acts include what?

act is judicially determined to be wrongful

the governing program/body that includes laws you will follow per which state you practice in

punish the defendant/doctor for the damage done based on malicious or intentional act

protected when acting in good faith in an emergency and not working under their employment at the time

ethical policies that are applied to organizations:

While fraud includes deceitful practice depriving/attempting another of their rights it also includes:

individuals have the ability for self deception convincing themselves that their wrong actions are acceptable

Which is the most common issue that causes challenges for the defense attorney of malpractice prevention?

dictates both the responsibilities of the healthcare provider and rights of the patient

recognizes patient's rights were violated though no actual loss was proved

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

laws enacted by state or federal legislation like Congress

Examples of accessory include:

part of Applied Ethics: define the scope of practice guidelines

the rules of conduct concerned with standards of behavior

Make sure to review informed consent and medical record materials

Statutory or written laws that define and regulate legal rights and obligation, defines legal relationships

It is human nature that the more urgent the need, the more distress we feel. Therefore...

derived from state or federal constitutions