Law & Ethics Ch. 5

as employers, physicans have general liability in what three areas

the practice's building and grounds; automobiles; employee safety

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

a nurse fails to document her administraction of a patients medicaine and antoher nurse unknowingly administers a second dose, which constituts and injurious overdose for the patient

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

Any reasonable person

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

duty of care is owed to the woman and her baby

which of the following statements is true of standard of care

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

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

Reasonable person standard

to establish a standard of care in a trial, _____ are required

Expert testimony

in which of the following situaions has patient privacy been violated

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

what is the basis for most medical malpractice claims

Negligence

a patient falls on a hospitals slippery tile floor and injures her self. assuming that patient saftey procedures were lax, what undesrble occurence could result for the hospital

The patient could sue the hospital

which of the following is not one of the four D's of negligence

Desertion

the performance of a totally wrongful and unlawful act is a

Malfeasance

the failure to act when one should is called

Nonfeasance

res ipsa loquitur is the doctrime of

Common knowledge

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

Plaintiff

what purpose do expert witnesses serve in a medical negligence lawsuit

None of the above

the docturine of res ipsa loquitur might be applied in which of the following

A woman's front teeth are knocked out while she is under anesthesia for surgery on her toe.

monetary compensation awardsed by a court of law is called

Damages

damnages awarded by the court so that the defendant pays for violation of rights where the dollar value need not be proved are called

General compensatory

damages awarded by the court where the dollar value need not be proved but the loss must be proved are called

Special compensatory

damages that recognize the wrong but awards only a token amount are called

Nominal

damages awarded by the court to punish the defendant are called

Punitive

a written notication to appear in court to defend agains a lawsuit is call a

Summons

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

Subpoena

an order to bring certain records to court is call a

Subpoena duces tecum

which of the following best defines the term deposition

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

who si most likely to give factual testimony in a trieal

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

which of the following legal actions may be taken if you are sunponaed to appear in court as a witness or to give a deposition and you fail to appear

You can immediately be jailed, you may be charged with contempt of court.

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

The case can be lost by default

a jury is selelcted in the ___ phase of a lawsuit

Trail phase

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

Appeals

in the ___ phase of a lawsuit, subpoenas are issued

Pretrial discovery

a jury is selected in the ____ phase of a lawsuit

Trial phase

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

Trail phase

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

Trail phase

a deposition is taken in the ____ phase of a lawsuit

Pretrial discovery

which of the following statements best defines alternative dispute resolution

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

how is mediation best defined

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

...

yes

...

yes

...

no

...

Reasonable person standard

...

Duty of care

...

Standard of care

...

Duty of care

...

No, because been trained as a CPR you are responsible to do CPR to start the heart or/and keep it beating

...

The nurse was the Direct cause or the patients injury's

...

Dereliction the doctor did not look at the patient to tell what was wrong.

Alternative dispute resolution (ADR)

...

Confidentiality

act of holding information in confidence, not to be released to unauthorized individuals

Damages

monetary awards sought by plaintiffs in lawsuits.

Deposition

sworn testimony given and recorded outside the courtroom during the pretrial case of a case.

Duty of care

legal obligation of health care workers to patients and, sometimes, nonpatients.

Interrogatory

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

Liable

legally responsible or obligated.

Malfeasance

performance of a totally wrongful and unlawful act

Misfeasance

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

Nonfeasance

failure to act when one should.

Privileged communication

information held confidential within a protected relationship.

Reasonable person standard

standard of behavior that judges a person's actions in a situation according to what a reasonable person would or would not do under similar circumstances.

Res ipsa loquitur

the thing speaks for itself: also known as the doctrine of common knowledge. A situation that is so obviously negligent that o expert witnesses need be called.

Standard of care

level of performance expected of a health care practitioner in carrying out his or professional dutes.

Subpoena

legal document requiring the recipient to appear as a witness in court or to give deposition

Subpoena duces tecum

egal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit.

Summons

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

Testimony

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

Wrongful death statues

state statutes that allow a person's beneficiaries to collect for loss to the estate of the deceased for future earnings when a death is judged to have been due to negligence.