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Medical Jurisprudence Part 1
Terms in this set (92)
What are the two fundamental principles of the US System?
Check and Balances (Separation of Powers)
How many governments are there in Federalism?
AKA Checks and Balances
Separation of Powers
What are 4 examples of checks and balances (separation of powers)?
Judicial Review (Laws under review)
Advise and Consent
What are the three branches of government at both federal and state level?
Legislature (Congress/State Legislature)
which branch of government can enforce laws and oversee most agencies?
which branch of government can make laws?
What clause (law) makes federal law "preempt state law"?
Which branch of government interprets laws, resolves disputes, and sometimes makes laws?
What is a judge made law?
What is the term meaning that once a law is made (for example by a judge) other laws can also be made on top of that?
What are the three levels of Courts?
Which of these courts is most applicable to us as doctors?
Most Applicable: Trials
What are the three things that determine where cases are tried?
Subject (Criminal, Civil)
Amount (small claims <75,000)
Residence (within state of residence)
Where (location) would we as doctors be sued?
In our state of residence
unless it is over $75,000, then it is in federal district court
Where would you sue a patient?
State of Resident-small claims court usually
Who has the "burden" in court cases?
What is the standard of proof for a criminal case?
Beyond Reasonable Doubt
What is the standard of proof for a civil case (ex. malpractice)?
Preponderance of Evidence (the quality or fact of being greater in number, quantity, or importance)
What is the standard of proof for a fraud case?
clear and convincing evidence
What is the standard of proof for an Administrative case?
Substantial Evidence to the Records
What are the 4 types of cases?
Who/What does the constitution affect?
Government and you
What do the Privileges and Immunities of the constitution mean to us?
What does the Bill of Rights mean to us from the constitution?
What cops read to you when you are being arrested
What does the 14th amendment do from the constitution?
Citizenship to all persons naturalized to the US
Makes all of the rights of the constitution applicable to the states
delimits power of state and fed, enforces people's right of due process and equal protect
What is some good advice for property laws?
Never buy anything unless the person actually owns it
the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and the environment interact with one another
the area of law that governs the various forms of ownership and tenancy in real property
What are the two types of Torts?
What are the 4 types of torts that apply to us?
2.Invasion of Privacy
4. Negligent Misrepresentation
Performing a procedure without informed consent would be defined as what?
Battery (one of the 4 torts)
What are the 4 offenses of the invasion of privacy (one of the 4 torts)
Appropriation - the action of taking something for one's own use, typically without the owner's permission
review private detail, cast person in bad light, take pic w/o permission, invade spatial seclusion
Trespassing would be known as what type of offense of invasion of privacy
any non-confidential communication which an inventor or invention owner makes available to one or more members of the public would be known as what type of offense of invasion of privacy?
damage to a person's personal feelings or dignity (depicting them in a wrong manner) would be known as what type of offense of invasion of privacy?
exposing someone's picture without their consent would be known as what type of offense of invasion of privacy?
What are the 4 types of Negligence/Malpractice?
What is the difference between negligence (citizen) and malpractice (doctor)?
Difference is that there has to be a duty
occurs when the defendant carelessly makes a representation while having no reasonable basis to believe it to be true is what type of tort?
What are the 5 key defenses?
1. Contributory/Comparative Negligence
2. Time (statute of limitation)
3. Borrowed Servant
4. Assumption of Risk
5. Res Judicata
What is the key defense for a doctor claiming the patient had the problem and not the doctor?
What is the key defense for a doctor claiming that they are being sued for something that occurred too long ago?
Statute of Limitation (time)
What is the key defense for a doctor claiming the employer of a temporary employee, rather than the employee's regular employer, is liable for the employee's actions that occur while the employee is under the control of the temporary employer?
What is the key defense for a doctor claiming they were a prudent person or they had informed consent?
Assumption of Risk
What is the key defense for a doctor claiming they can't be sued again for the same crime once they were proven innocent?
What are the three levels of criminal law?
Felony (incarceration in prison)
Misdemeanor (one year in jail)
What is the law that prohibits physician referrals of designated health services for Medicare and Medicaid patients if the physician (or an immediate family member) has a financial relationship with that entity
need only prove that the tort occurred and that the defendant was responsible
Strict Liability (Mens Rea doesn't apply)
What type of law are the state medical boards?
What part of the administrative law has probable cause and ALJ (Administrative Law Judges)
What is the standard of evidence for administrative law (state medical boards)?
Substantial Evidence in the record
What is on each side of a Court Procedure (_____________ vs. ______________)
Which side do you not want your name?
Indictment vs. Complaint
Don't want your name on the left
Backlash problem from pleading the 5th.
How does one get a testimony/documents?
What is the key goal for a criminal in a criminal case?
Civilian in a civil case?
Criminal: Don't get indicted
Civil: Have no fault
What are the three parts of a contract?
What part of the three parts of a contract means you have to give something to get something?
What are the three types of contracts?
an obligation of one party to another imposed by law independently of an agreement between the parties
When are contracts made between a patient and doctor (2)?
1. Initiation of Relationship
2. Specific Promises
Who makes the contract with managed care?
Where does the control over a physicians activities come from?
State Medical Law and Board
What is the top priority of a state medical law?
Safety of Patients
What is the definition of practice by state medical law and board?
Who can do what +
What level of supervision
Who gives the statutes for required standard of care?
state medical law and board
The state medial law and board require physicians to be doing this?
CME (Continuing Medical Education)
Who is a physicians licensure?
state medical board of the state in which you intend to practice
the practice of exchanging things with others for mutual benefit, especially privileges granted by one country or organization to another (another way to get your license--start in the state with stricter standards)
How does one get a license to practice?
1. Broad Exam of state in which you intend to practice
What are the 9 "keys" to a practice?
1. Proper Standard of Care
3. Proper Supervision and Delegation
4. Informed Consent
5. Watch Scope of Practice
6. Know Value of Training
7. Treat Employees Well
8. Good Records
9. Advertising is Allowed
"let the master answer" is a legal doctrine which states that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment. What is this term?
What are two ways to treat employees well?
(Thompson vs Brent)
What are the three parts of keeping good records?
What to keep
What are the 5 mandates of PPACA (The Patient Protection and Affordable Care Act)
EMR (electronic medical records)
What are the three key roles and ID of "gatekeeper" in managed care?
usually a pcp
What is the preferred vehicle of the ACA (Affordable Care Act)
ACO (Affordable or accountable? Care Organization)
What are the three main government payers?
Medicare - Federal
Medicaid - State
Tricare - Military
What is it known as when you bill for un-credentialed or excluded persons for the government payers?
What are the three places to know for reimbursement rate sources?
1. CMS (Center for Medicare/Medicaid Service)
2. DRG (Diagnosis Related Group)
3. State Medicaid Agency
in what does one get double taxed?
C Corporations (publicly traded stock)
When a problem occurs and someone from the company is held responsible instead of the company itself is known as what?
Piercing the Veil
What type of company can have their "veil pierced"?
LLC (Limited Liability Company)
What are the 4 elements that must be present in a malpractice suit?
1: Defended Owned a duty to the plaintiff
2: Defended violated that duty
3: that violation resulted in harm
4: injury was foreseeable by reasonable persons
(all four elements must be present + fault)
Duty (Pt relationship)
Substantial and proximate (spacial prox and foreseeability)
What is the number one cause of malpractice suits?
Cool Hand Luke (failure to negotiate) (Poor communication)
How does a plaintiff prove all 4 elements of a malpractice suit?
Preponderance of Evidence
What are the 5 types of damages (types of suits) of malpractice?
1. Actual: Out of Pocket
2. Compensatory: pain/suffering
3. Statutory: If this happens, they pay this amount
4. Punitive: Just to punish
5. Nominal: Nothing happened, but you still want to sue
Know types of damages (5):
1. actual(out of pocket),
2. compensatory (indirect, pain, suffering, anguish),
3. statutory(fraud and abuse laws),
4. punitive (when do something knowing will hurt pt, reckless, ,
repeatedly make same mistakes.
5. Nominal (money for when pt is right but didn't really suffer).
How long is the normal statue of limitations?
Accident Implies Negligence, ex. operate on wrong leg.
What does the Constitution mean to you?
1. Privileges and Immunities.
2. Due Process and equal protection.
3. Bill of Rights.
4. 14th amendment.
Where would a vendor be sued?
Federal district court
allowed but must be fact based: cannot be false, misleading or vexatious; also no "jousting".
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