Jurisprudence Exam 1

when a license is temporarily recalled

healthcare provider breached the duty of care to the patient

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

What is a Tort?

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

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

Why should you study Jurisprudence and legal stuff?

The 4 D's of Negligence include:

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

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

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

Civil Law

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

Examples of a felony include:

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

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

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

define rules used to enforce substantiative law

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

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

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

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

there is legally recognizable injury to the patient

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

"choose to" refers to?

The 4 C's of medical malpractice prevention:

ignoring inappropriate behavior repetitively leads to fewer feelings of accountability

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

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

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

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

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

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

part of Applied Ethics: define the scope of practice guidelines

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

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

obligation of health care workers to patients

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

Slander defined as:

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

proof of responsibility of the parties involved

Make sure to review informed consent and medical record materials

Examples of accessory include:

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

act is judicially determined to be wrongful

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

Types of Substantiative Law:

Torts are included under which Law?

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

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

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

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

What is The Law?

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

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

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

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

"have to" refers to?

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

Sources of Law include:

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

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

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

when a license is cancelled

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

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

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

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

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

An example of procedural law would be?

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

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

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

"ought to" refers to?

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

Libel defined as:

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

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

Medical Practice Acts include what?

Examples of a misdemeanor include:

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

laws enacted by state or federal legislation like Congress

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

Intentional torts include:

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

the rules of conduct concerned with standards of behavior

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

ethical policies that are applied to organizations:

Criminal Law

Intentional torts include: (continued)

derived from state or federal constitutions