What is respondeat superior or vicarious liability?
it is when an employer is responsible for the actions of their employees. Both terms essentially mean the same thing.
what is res ipsa loquitur?
it is when a physician acts negligently to lead to an accident. Example is if a physician prescribes the wrong medication leading to injury.
What is contributory negligence?
it is when a patient voluntary neglects to follow advice leading to injury.
What is the payment system known as capitation? What form of insurance is it seen in?
Capitation is when a patient is paid the same amount regardless of what kind of services the patient needs. Think of it as the insurance putting a cap on the amount you can make. It is seen in HMO
How is the physicians mistake judged against?
it's based on what a reasonably prudent physician would exercise the same scenario under similar circumstances.
what is respondeat superior?
an employee's responsibility for their employees actions. Includes duty owned to the patient, breached of duty, damages, respondeat superior.
What is res ipsa loquitir?
physician acted negligently because a harmful accident occured. Duty to patient, breach of duty, damages res ipsa loquitir.
in what case is a child considered emancipated?
emancipation of a child is considered when they are allowed to make a decision about medical treatment on their own. Such cases are pregnancy, Armed forces, or living away from home. Also if she has a kid and supports it. They are also treated when there'
when is it considered battery on a patient with a physician?
intentional act that leads to harm or offensive contact. An example is when a physician goes in to remove a tumor and sees another one so he removes it without the patient's permission.
what is one requirement of negligence?
it leads to injury!
If a patient asks you about your experience before you perform a procedure what must you say?
You must state your years of experience. You must fully answer every patient's question regarding consent.
If doctors are talking about a patient then when are they considered violating HIPAA?
If they mention the state then they are not in violation of the law. However, if they mention the city then they are screwed.
when is a patient found liable based on the strict liability of tort?
it requires a hazardous act.
If a patient comes in to the ER with emergency symptoms and they request to be examined or in need of care what must you do even if the insurance denies pay?
if the insurance denies pay and the patient has emergency symptoms then they are required to be screened. If it turns out they have an emergency medical situation then you must treat them until they can be transferred to another facility. This is EMTALA (
If you have a patient with an STD and you try to convince them to tell their partner and they repeatedly refuse, what is it your duty to do?
It is your duty to warn an endangered third party if you try to convince someone that they should report their STD and use protection and they refuse.
what is paternalism, nonmalificence, due care?
paternalism- ignores patient's autonomy
nonmalificence- do no harm
due care- provide care to the patient.
When does a doctors duty to exercise reasonable care to a 1st time patient arise?
It arises when the doctor actually provides medical treatment, even if the doctor gives a treatment without physically contacting the patient.
What agencies must be contacted in the case of child abuse?
a doctor may contact local law enforcement first before submitting a written report to child protective services or department of children and family services.
In what patient population is a physician required to report abuse? When is a doctor not required to report abuse?
They are required to report abuse of children and elderly, even if the patients request nothing be said. If a spouse if being abused they are NOT required to report it because the spouse may get beaten more.
What are the rules if a patient requests their medical records?
1. HIPAA says that a patient can release their medical records to someone with written consent, including a spouse.
2. The doctor has to show their records within 5 days.
3. Doctors can withhold the medical records from the patient if they think it will e
What is the rule regarding patient confidentiality?
The doctor is required to maintain patient confidentiality even when it involves third party payers. So if an insurance company asks for the patients file you gotta ask the patient.
When can a doctor break confidentiality?
A doctor can break confidentiality if they feel a patient will harm their own body, certain infectious diseases, & patients with epilepsy to the DMV.
When is a hospital not forced to follow EMTALA?
When a patient comes into an ER asking for nonmedical emergency services like a shot or gathering criminal law cases. However, they must comply if they seek a medical screening exam.
What is implied consent used for?
implied consent is used for when a patient is incapacitated; they pass out. When a patient comes into an urgent care facility it's implied that they are going to get TX so if they pass out then you should treat them.
When a caretaker verbally insults, insults, or threatens harm what type of abuse is this?
it's psychological abuse.
What is 'violation of basic rights' and how is it different from active neglect?
violation of basic rights: deprives the basic rights that are protected under state and federal law like the right of privacy to freedom of religion.
Active abuse- when the caregiver intentionally doesn't provide care to the patient like not giving food o
what is passive type of abuse?
passive abuse is when the caregiver unintentionally doesn't provide care because they are overloaded with work.
If a patient has a genetic condition and a family member is at risk of developing and decides to sue, are you supposed to warn the relative or not?
A physician has a duty to warn those who are established to be at a risk for inheriting the genetically susceptible.
If a patient writes in his/her will that they have chosen a power of attorney and they are not married or the parents want to take control, who has the final say in the patient's outcome?
no matter what, once a power of attorney is declared (whoever it be) they are the decision maker.
What does EMTALA say about patients who come in to the ER but want to leave?
EMTALA says that examination should be offered to each ER patient that requests an examination or looks to have emergency medical condition. But if a patient refuses then you have to make sure the refusal is written in writing and that the patient knows a