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Medical Jurisprudence Part 2
Terms in this set (78)
describe the "captain of the ship"
Ex: surgeon is responsible for everyone it the suite
what do you do if there is a problem of conscience in treating a patient in a certain way
refer the patient
What are two thing to remember in choosing a treatment for your patient?
when describing treatments to your patient, what must you convey?
all options: benefits and detriments
*this includes options that may be cheaper but not as good and also NO TREATMENT
What is the name/case associated with not being responsible for unforeseen circumstances?
The Guilmet case tells us we should:
Avoid unnecessary contractual commitments
a patient has fallen because a step was not painted in yellow. are you at fault?
Yes, per the Rowland case, you are to take ordinary care and beware of liability on the premises
you dont have the necessary insurances? is this a bad thing?
When resolving a dispute, what might you consider for litigation avoidance?
Alternate Dispute Resolution
ex: arbitration: stand alone or in a broader contract
Keys to whether enforcement is considered criminal or civil
neglect of or unnecessary treatment for patients is considered
gifts over this amount may leave you liable
Using the wrong employee or what that has been excluded is a type of?
Where can you find guidance for liability, malpractice, and fraud?
Health and Human Services, Office of Inspector General
What are you obligated to report?
how long do you have to report a death
to whom do you report for a case of infectious disease? everything else?
those at risk
Reporters have immunity unless?
the report was not made in good faith
Illegal if you dont report abuse?
What are you required to do with evidence?
(Maintain the chain of custody)
your secretary has no documentation for where a blood sample came from, what is broken in this instance?
chain of custody
failure to maintain the chain of custody leads to what?
misdemeanor and malpractice
When prescribing medication, what is your duty?
watch FDA approval/designation
describe the closed system for controlled substance
only those registered with the DEA and by the state can prescribe
who enforces the closed system of controlled narcotics
Which class of drugs cannot be prescribed and is only approved for research
what are schedule 2 drugs?
drugs that can be prescribed without refills
how many month refills are available for C3-5 drugs
which class of drugs is available OTC?
What are you obligated to report about controlled substances?
what are the two most basic things you must provide employees
A nurse takes her protective equipment off in the wrong order, whose concern is this?
what are the three levels of controls for OSHA
personal protective equipment
how might you inform employees of workplace and environmental safety?
SDS- safety data sheets
= information for dangerous material
what is the number one bloodborne pathogen to watch for?
what is the number two bloodborne pathogen to watch for
what is something that hospitals must undergo training for?
to whom do you report offenders of ethical duties
usually to licensing authority
dillon wants to sterotype his patient. as a good friend, do you let him?
meh. guess not.
cannot displace _____ _____
What are employees protected under?
EEO- equal employment opportunity
If you have over 15 employees in your practice, you must have____
if you have over 20 employees in your practice, you must have ____
age discrimination coverage
if you have over 50 employees in your practice, you must have____
comprehensive and affordable coverage
what laws protect patients?
federal payor laws
state public accommodation laws
3 workplace "no-no's"
who must you take extra care to accomodate
three big issues in accommodating the disabled?
AIDS-serve and treat
hearing impaired- accommodate
wheelchair bound-ensure access
big issue with accommodating religion
What must you have for insurance claims by employees?
employee practice liability insurance
what insurance must you have to protect your employees
for employees, secure consent for _____
difference between employee and contractor
you are responsible for an employee
Why do i have to be fair and consistent to an "at will" employee?
idk but this erodes the doctrine, i.e. the very concept of them being "at will"
all workplace polices must be ____ ___
describe progressivity with discpline
increasingly severe punishment to an employee failure to correct a problem (given reasonable time and notice to do so)
what do you want to make sure to document well for your employees?
pension rights and vesting (earning shares over time)
what is adverse inference?
jury can infer that by not supplying records that they are incriminating
You have a document retention policy in which you are do destroy documents over X years old. You get a notice that your documents are being subpoenaed. your secretary continues to destroy documents on schedule. what is going on here? who is responsible
what is the key to correcting documents?
what is the order of ownership for a record?
health care facility, practice, physician
no _____ without consent (said it a bajillion times)
what does omnibus mean? what law that we know is omnibus?
comprising several items
HIPAA is said to have a _____ effect
what is the key goal of HIPAA
protect and maintain confidentiality of PHI (protected health information)
which 3 standards is HIPAA built around
what is clearinghouse?
agency that collects and distributes information
who all is covered by HIPAA?
and their business associates
What rights does HIPAA give to patients?
notice of privacy practices
rights prior to initiation of services
Should you disclose patient information to as few or as many people as possible?
who may request healthcare information on demand?
HHS (health and human services)
what information may be disclosed upon consent of the patient?
true or false? certain disclosures are unable to be objected
true or false? you have the right to object to minor disclosures of information upon notice?
HHS and OCR
health and human services and Office of Civil rights handle what?
HIPAA and Confidentiality
*dont confuse with
what are some things that HITECH enforces?
business associates fully covered
civil and criminal penalties up to 10 years
The Rowland case tells us
Be aware of premises' liability—ordinary care
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