Legal and Ethical Principles in Health Care

Medical Law and Ethi Term Which of the following societal and medical trends is NOT resulting in legal and ethical dilemmas for health care practitioners, patients, and society? A _________ is defined as a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. A _______ ___________ is a decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial because there is no genuine issue of material fact. Definition Why does the government enact laws? To control behavior that could threaten public safety & to keep society moving smoothly -Breach of warranty -Fraud or intentional deceit -Strict liability for cases in which defective products threaten the personal safety of consumers -Statements made by the manufacturers about the device or product that are found to be untrue Health care equipment product dealers and manufacturers can be held responsible for defective devices and products through which of the following charges? An important issue in deciding drug injury cases is whether or not the drug manufacturer made what types of statements to win FDA approval? Licensed health care professionals convicted of violating which types of laws may lose their license to continue practicing medicine? Which of the following is NOT a basic right of today's health care consumers? What are some influences that shaped American democracy and Americans' views of providing for the general welfare? What are some characteristics of a law? Something that is enacted to keep society running smoothly and to control behavior that could threaten public safety is a ____. Which of the following are circumstances where health care equipment dealers and manufacturers cannot be charged? Which of the following governs the behavior of an organization's members and increases their level of competence? What types of laws or other legislation affect health care practitioners? One's personal concept of right and wrong, formed through the influence of the family, culture, and society is called ___ _____. A _____ is defined as a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. Why does the government enact laws? Where would a health care professional find ways to deal with ethical situations in their profession? What is a code of ethics? A medical practitioner can risk the loss of income or practice as a result of which behavior? Licensed health care professionals convicted of violating which types of laws may lose their license to continue Advances in bioethical studies law summary judgement False Misleading Criminal Civil Medical practice The right to always have favorable treatment outcomes A tradition of limited government A belief in selfreliance An emphasis on personal liberty Formally recognized as binding Enforced by a controlling authority Law Malpractice Code of Ethics Criminal statutes Civil statutes State practice acts Moral Values Law To control behavior that could threaten public safety To keep society moving smoothly An ethics guideline book A list of principles intended to govern behavior Being unethical Criminal Medical practice Civil practicing medicine? In what area of science does bioethics especially focus? If a health care practitioner is unable to solve an ethical issue, they can contact What are some characteristics of a law? What do ethics guideline publications offer for dealing with situations in an ethical manner? Bioethicists are also called Members of professional organizations such as American Medical Association (AMA) and American Association of Medical Assistants (AAMA) accused of unethical conduct are subject to A discipline dealing with the ethical implications of _______ research methods and results is called bioethics. What are the standards of behavior considered to be good manners among a group of professionals? Health care professionals can resolve the majority of ethical issues by using their own intuitive sense of ______. What is a code that prescribes correct behavior in a specific situation? The specialists who consult with physicians and researchers to help them make difficult ethical decisions are called Which of the following are often cited as the most vital to the professional success of health care practitioners? A medical practitioner can risk the loss of income or practice as a result of which behavior? The practice of good manners is called? What is a code prescribing professional etiquette that staff members are expected to follow in a medical office? If someone has compassion, they also have what attribute? If a health care practitioner is unable to solve an ethical issue, they can contact Which of the following are examples of protocols? What must health care practitioners acquire a working knowledge of and a tolerance for? Patients have the right to respect and _____ If you can see which solution or action makes good sense in a given situation, you are said to have If you feel sorry for another person's plight, you are experiencing Health care professionals can resolve the majority of ethical issues by using their own intuitive sense of ______. If someone has a relaxed attitude when meeting people, they are said to have the trait of _______ _______. . What is a code that prescribes correct behavior in a specific situation? Proficiency in computer literacy, English, science, and mathematics is an example of _______ Which of the following are often cited as the most vital to the professional success of health care practitioners? Health care practitioners use critical thinking skills when working through problems by using fewer emotions and more ______ thinking skills. Medicine a medical ethicist. the institutional ethics committee. a bioethicist. Enforced by a controlling authority Formally recognized as binding Principles for dealing with situations in an ethical manner. medical ethicists. expulsion from the organization. peer council review. suspension from the organization. Biological Etiquette ethics moral values Protocol bioethicists. medical ethicists. Courtesy being unethical Courtesy A policy manual Empathy the institutional ethics committee. a medical ethicist. a bioethicist. When another physician telephones, does the receptionist put the call through without delay? What is the protocol in the diagnostic testing office when the technicians get behind because of a late patient or a repair to an X-ray machine? Individual characteristics Human nature courtesy common sense. sympathy moral values ethics people skills Protocol technical skills Courtesy rational Common sense is somewhat difficult to define because it can have different meanings for different _______ Which of these attributes do not support someone who has people skills? The abilities acquired during the course of study of science and mathematics are also known as A health care practitioner is expected to approach a problem at work in a manner that lets them act in what manner? Bioethics is concerned with Formed through the influences of family, culture, and society, which of these serve as the basis for ethical conduct? Which of the following is/are not enacted by government? What is the meaning of the term litigious? The health care professional who studies law and ethics gains perspective on current issues that affect health care practice. Which of the following accurately describes one of those issues? Written codes of ethics for health care practitioners Ethics may be defined as A health care practitioner completes a course in law and ethics. In this field of study, Which of the following reasons should be most important to health care professionals? The defendant in a lawsuit is the A precedent is a(n) What term means values that are formed through the influence of the family, culture, and society? Beginning with the first step on the top, list Maslow's hierarchy of needs in order. An individual tends to move from needs-based motivation to a _____ ______ system that develops from childbirth. Who is one of the most famous researchers on the stages of development from childhood to adulthood? What was Kohlberg's first major level of moral development called? What are referred to as standards of behavior developed as a result of one's concept of right and wrong? In Kohlberg's moral development theory, postconventional morality consists of __ In Maslow's hierarchy of needs, the need for esteem comes after which step? Value development theories—like those of Maslow and Piaget—do not account for which of the following circumstances? The value system we develop as we grow and mature is dependent on what type of framework? What is a consequence-oriented theory that states decisions should be made by determining what results will produce the best outcome for the most people? Which of Piaget's developmental stages is called the formal operational stage, where children develop abstract thought and start to understand that there are different degrees of wrongdoing? people. Insensitivity when dealing with others technical skills. Helpfully Ethically Legally ethical implications of biological research methods and results. Moral values Etiquette rules Increase in the number of lawsuits. With the advancement of medical technology, patients expect favorable outcomes. evolved primarily to serve as moral guidelines for those who provide care principles, standards, and a guide to conduct. To help avoid legal entanglements. party against whom criminal or civil charges have been filed. case that serves as a model for future cases. Morals Basic Life - food and shelter Safe and secure environment to belong and be loved Esteem- status responsibility and recognition are important selfactualization for personal growth and fulfillment personal value Jean Piaget Pre-conventional morality Ethics balancing individual and group rights making a personal commitment to principles like social justice choosing principles over authority if the two come into conflict Belong and to be loved How values can be subjective How two moral people can reach different solutions to the same problem Culture Utilitarianism 4th What are the characteristics of Pre-conventional morality? What do universal principles include? Values can be __. What type of utilitarianism is based on results that will produce the greatest balance of good over evil? Which of Piaget's stages of development occurs when children see the world from their own perspective? Which value theory states that the rightness or wrongness of the act depends on its intrinsic nature and not the outcome? What was Kohlberg's first major level of moral development called? What is a categorical imperative based upon? Who is the most well-known ethicist to write about virtue ethics? What is it called when a person makes a decision based on results that will produce the greatest balance of good over evil and that considers everyone? Today, virtues for nurses focus on which of the following? What is duty-oriented theory often called? If a person has the capacity to make decisions based on one's own reasons and motives, not manipulated or dictated to by external forces, they are said to be Choose the principle that means that there are no exceptions from the rule. Substituting the medical provider's opinion of what is best for the patient is called In Kohlberg's moral development theory, which stage of post-conventional morality focuses on the social contract and individual rights? What is the name of the theory that states that people who with virtues will make the right decisions? What are acts performed by a health care practitioner to help people stay healthy or recover from an illness? What were past virtues for nurses? Is when children start to accept authority Is when children recognize more than one point of view on right and wrong Equal rights Social justice Respect for others based on past experiences based on religious beliefs subjective Act-utilitarianism Preoperational or egocentric stage Duty-oriented Pre-conventional morality A determined principle Alasdair MacIntyre Act-utilitarianism Advocacy Patient education Deontological theory autonomous Categorical imperative paternalism First stage Virtue ethics Beneficence Nurses should not question authority Nurses follow physicians orders Under nonmaleficence and the principle of double effect, benefit; harm the __ of any treatment must always outweigh the __. What is the capacity to be one's own person and make decisions without being manipulated by external forces Autonomy called? A paternalistic view of patient care threatens a patient's autonomy __. choosing principles over authority if the two come into In Kohlberg's moral development theory, postconflict balancing individual and group rights making a conventional morality consists of __. personal commitment to principles like social justice What is the first duty of health care practitioners as Promote health for the patient above all other defined by beneficence? considerations. If an individual is provided his or her due, it is called __. justice Which one of the seven principles of health care ethics Nonmaleficence does the Hippocratic oath support? A health difference that is closely linked with economic, disparity environmental, or social disadvantage is called a(n) __. Who are in the most likely position to violate Health care practitioners confidentiality rules? Being faithful to the scope of the services for which you role fidelity are licensed, certified, or registered is called __. What is an argument regarding health care entitlement that many people would understand? Based on social condition, what is striving for the highest possible standard of health for all with special attention to the needs of those at greatest risk called? The Health Information Portability and Accountability Act (HIPAA) mandates the privacy and confidentiality of what type of health information? Examples of professions that require a state license include In order to be licensed, what must be completed after courses of study? icenses for health care professionals can be _____or ____under certain circumstances. Additional reasons whereby a health care practitioner could have his/her license revoked or suspended would include which of the following? Who determines the scope of practice for health care practitioners? Licensure is a ______credentialing process established by law. Official authorization or approval for conforming to a specified standard is called _____ Courses of study or degree programs are typically completed for _ How often are on-site surveys conducted? Which of the following are most common reasons for loss of license to practice for health care practitioners? In order to maintain accreditation, an organization must undergo an on-site survey at what frequency? Which of the following are examples of professional or personal incapacity? What is the determination of the duties/procedures that a person may or may not perform under the auspices of a specific health care professional's license? Which of the following are advantages of accreditation? The distribution of scarce resources and the expense of providing them do not allow us to provide all care for all patients. Health equity Computerized medical information Medical records registered nurse. physical therapist. physician. Examinations revoked suspended Boundary violations Personal incapacity Licensure mandatory/required accreditation licensure Periodically Poor documentation or record keeping Patient abuse Sexual misconduct At least every 39 months Alcoholism Personal illness Senility Scope of practice An assurance of high-quality standards at your school A better chance that credits will be accepted by another institution The opportunity to participate in federal and/or state financial aid programs As part of the accreditation review process during the on- Patient records site survey, what are some areas the committees review? What organization serves as an accrediting agency for CAAHEP health care practitioner education programs? Critical access hospitals Home care organizations Which of the following are accredited by TJC? Nursing care facilities Additional reasons whereby a health care practitioner could have his/her license revoked or suspended would Boundary violations Personal incapacity include which of the following? CAAHEP oversees ______different allied health 30 educational programs. (Give a number.) Official authorization or approval for conforming to a accreditation specified standard is called What is meant by the practice of the individual What do practice acts define? profession in each state. Medical schools are accredited by LCME. When were medical practice acts first passed? Colonial times Who is responsible for revising each state's medical Each state practice acts? Which organization provides accreditation to Physical CAPTE Therapists and Physical Therapy Assistants? Most boards include which of the following? Which of the following are primary mandates of practice acts? What organization serves as an accrediting agency for health care practitioner education programs? What are state laws written for the express purpose of governing the practice of specific health care professions? Where can copies of state codes be found? A health care professional could be considered guilty of fraud if what can be shown? What are bodies established by the authority of each state's medical practice acts for the purpose of protecting the health, safety, and welfare of health care consumers through proper licensing and regulation of physicians and other health care practitio What are some of the things licensed health care providers are entitled to before their license is revoked or suspended? What is sold to make money in a publicly held corporation? Features of a managed health care plan include General types of HMO models include What types of acts are generally classified as fraud? In a revocation or suspension hearing, the physician has the right to ____ through the court system for any decisions made. What is the largest integrated health care system in the United States? Managed care plans that contract with a network of doctors, hospitals, and other health care providers who provide services for set fees are called Managed care organizations are a the managed care plan that is allowed to contract directly with employers to provide health care services is the Under which plan are all health services delivered and paid for through one organization? Which of the following allows a subscriber to see any innetwork health care provider without a referral? insufficient grounds for license revocation include PPOs are managed care plans that contract with a network of doctors, hospitals, and other health care providers who provide services for Which of the following are part of physician-hospital organizations? Who directs all of a patient's medical care and generates any referrals to specialists or other health care practitioners? How are physicians in PGPs paid? The goals of PCMH are to offer patients Which of the following statements describe a point-ofservice plan? Which plan requires higher out-of-pocket costs if a provider is outside the group? Investigators An executive officer Attorneys Give conditions for license renewal Explain requirements and methods for licensure CAAHEP Medical practice acts Internet Intent to deceive Professional boards A written description of charges against them The right to present evidence A right to counsel Stock a network that coordinates and refers patients to its health care providers. monitoring of the amount and patterns of care delivered. group. staff. Falsifying medical licenses or credentials Falsifying medical reports Billing a government agency for services not rendered appeal The VHA preferred provider organizations. preferred provider associations. system in which financing, administration, and delivery of health care are linked to provide medical services to subscribers for a prepaid fee. physician-hospital organization. HMO Open access plan a single incident of alleged incompetence. set fees Nursing homes Laboratories Surgery centers Primary care physician (PCP) As a salaried employee of the HMO enhanced patient access. improved quality of care. shared decision-making. May require choosing a PCP Patients need a referral to visit an out-of-network provider PPO Which is one of the accrediting agencies that review PCMH? 3 branches of government What does the House of Representatives have the power to do? Checks and balances exist to ensure that power is equally distributed between how many branches of government? Which power is exclusive to the state government? Who can change legal precedents? Who governs the administrations of health care and all other national matters derived from powers and responsibilities? Which of the following are functions of the Senate? For what reason can the courts review statutes? What does the division of powers and responsibilities among the three branches of government ensure? What agencies would follow regulations enacted by administrative law? Which of the following are functions of the national government? True or false: Legal precedents apply mostly to future court cases. What does procedural law define? Who may veto a bill on the state and federal level before it becomes a law? What entities are able to create an administrative law? What law involves offenses against the state or sovereignty, committed or omitted, in violation of a public law forbidding or commanding them? Which of the following is considered to be a crime against a state? True or false: Civil and criminal laws mostly apply to health care practitioners. Which of the following provides protection from the wrongful acts of another person? What is a statutory law? The body of criminal law involves a crime against who? Examples of torts would be which of the following actions? Which of the following are functions of the national government? If the conduct of the person committing the tort is judged to be malicious, what may be awarded? Which of the following is considered a federal criminal offense? Under principles of negligence when does civil liability exist? Under a civil law, whom might a person sue? What do typical court systems consist of? True or false: A tort may be willful or accidental. True or false: If the conduct is determined to be malicious, then punitive damages may be awarded to the victim. What type of court would hear a court martial? NCQA Legislative Executive Judicial Introduce legislation that compels people to pay taxes 3 Hold elections The court that made the original decision A higher court The three branches of government Approve or disapprove any treaties the president makes Approve or disapprove any people the president recommends for jobs Application Constitutionality Interpretation That one branch will not assume too much power OSHA SSA IRS Establish post offices Print money True Defines the rules used to enforce substantive law President Governor The president State legislatures Congress Criminal Arson Practicing medicine without a license Robbery False Civil law A law passed by the U.S. Congress or state legislatures The state Someone who has damaged someone's property Someone who has deprived someone of his/her personal freedom Someone who causes injury to another Establish post offices Print money Punitive damages Kidnapping In cases in which the act is determined to be wrongful A business Another person The government Appellate courts Local courts Trial courts True True Court of Military Appeals Negligence is charged when a health care practitioner fails to exercise ____ ______ and a patient is injured. True or false: Attorneys only represent defendants. What type of family matters are involved in a civil suit? What is a contract? ordinary care False Divorce Child support A voluntary agreement between two parties in which specific promises are made for a consideration. This type of testimony is typically required in medical malpractice cases. Which term is defined as a civil wrong committed against a person or property, excluding breach of contract? What are the main types of contracts? Which court hears cases from citizens involving claims against the federal government? The party that must show that he or she was wronged or injured in a court of law is the __ If a physician suddenly withdraws from treatment of a patient while the patient is still in need of medical care without arranging for substitute care, the physician may be charged with To be legally binding, how many elements must be presented in a contract? Expert Which statement about the court systems is correct? Which of the following steps are required to properly terminate the physician-patient relationship? Each state court system has its own rules and regulations. Written notification by certified mail with return receipt Note the need for continuing care to the patient A contract that is explicitly stated in written or spoken words is an expressed contract. Tort Expressed Implied U.S. Claims Courts plaintiff abandonment. Four Failure to keep scheduled appointments Failure to follow physician's instructions Failure to pay for services What are creditor practices governed by? The FDCPA The contract between a physician and patient is usually When the bill has been paid When treatment has terminated under which circumstances? ended File a copy of the notification of withdrawal from the Which of the following are the proper steps to terminate case in the patient's chart Provide time to find another the physician-patient relationship? physician Which contract is created by the conduct of the parties? Implied What type of contract can be indicated in either written Expressed or spoken words? For what purposes do insurance providers have access to Quality management Illness and disease prevention patients' medical records? Case management review What must be in a written credit agreement between a The date each payment is due The amount of each physician and a patient payment Any interest charges to be made If a physician suddenly withdraws from treatment of a patient while the patient is still in need of medical care without arranging for substitute care, the physician may abandonment. be charged with Under the provisions of the physician-patient contract, Specialize Set up an office wherever he or she chooses which of these does the physician have a right to? Not treat patients outside the physician's specialty What is the name of the brochure that was formally The Patient Care Partnership known as the "Patient Bill of Rights"? Which contract is most often used in the medical office? Implied Terminating a physician's services extends to the right of hospitalized patients to leave prior to being discharged. Against Medical Advice (AMA) This is called leaving ____ _____ _____ What happens to the patient-physician relationship if a managed care plan will no longer pay for the physician terminates his or her contractual relationship The subscriber's visits to this physician. with a managed care plan? For which reasons can a physician stop seeing a patient? What is the legislation that protects consumers from Regulation Z fraudulent or deceptive hidden finance charges levied by creditors? When should specialists treat someone outside their specialty? In which year was the Patients' Bill of Rights created? On average, approximately what percentage of people leave the hospital against doctor's advice? The common law situation in business where the employer authorizes an employee or agent to deal with a third party on the employer's behalf is called the ____ _____ _____ Agency has that employers are _____ liable for the acts of their employees performed as part of their employment If harm occurs when an employee performs acts as part of his/her employment, who may be liable, even if not present? Agency is most often __ in a health care setting. Generally, if an action or omission within the scope of a clinician's job could potentially cause harm, the patient is owed a Law of agency is the law that governs the relationship between a principal and his or her______ Which of the following best describes the term liable? Which of the following statements describes the standards for specialists? Even if an employer was not present when the employee performed certain acts they can be liable, even if the employer had no ____ to cause harm In an emergency situation 1973 0.8% to 2.2% Law of Agency Vicariously The employer implied duty of care agent/agents Responsible Their standard of care is the same as other specialists. They have higher standards than general practitioners. intention Accurate documentation Prepare and maintain health Which of the followings guidelines demonstrate physicians operating within their scope of their practices? records Helping to develop and maintain personnel, policy, and procedure manuals Health care practitioners act as their employers' agents Schedule appointments File insurance claims Speak when they do which of the following? with patients or their representatives When health care practitioners are sued for medical A deviation from accepted standard of care occurred malpractice, what generally does that mean? What is the obligation of health care professionals to Duty of care patients and, in some cases, nonpatients called? The performance of a completely wrongful and illegal act malfeasance is called ____ All of the following guidelines help clinicians stay within the scope of their practice EXCEPT which of the Keeping regulated substances until they expire following? What is the basis for most liability claims in medicine? Unintentional tort of negligence If a nurse does not use a sterile technique when changing a dressing and the patient's wound becomes infected, Misfeasance what might the nurse be guilty of? Generally, if an action or omission within the scope of a clinician's job could potentially cause harm, the patient is duty of care owed a Which term means that an act was an obvious case of Res ipsa loquitur negligence? A medical assistant dispenses a prescription and injury Which of the following is an example of malfeasance? occurs Damages awarded in a tort case are in the form of which Monetary compensation of the following? The performance of a lawful act in an illegal or What does misfeasance mean? improper manner. Which of the following refers to the level of performance expected of a health care practitioner in carrying out his Standard of care or her professional duties? Which party in a lawsuit is being accused? Defendant For res ipsa loquitur to apply, which of the following elements must be included? What percentage of states require pretrial screening before plaintiffs pursue medical malpractice litigation in civil court? When a defendant is found guilty of a ____ the plaintiff is awarded damages What is typically the second step in a malpractice lawsuit? f a patient dies as a result of the negligence of a health care practitioner, who may receive a financial award? The person who brings forth charges in a lawsuit is called the If a nurse does not use a sterile technique when changing a dressing and the patient's wound becomes infected, what might the nurse be guilty of? In what type of case does a plaintiff need to prove the case by presenting to the judge or jury evidence that is more convincing than the opposing party? Identify benefits of pretrial screenings. The patient must not have contributed to the act. The act of negligence must obviously be under the defendant’s control. It must be apparent that the patient would not have been injured if reasonable care had been used. About 1/2 tort The patient seeks an attorney Beneficiaries plaintiff Misfeasance Civil They discourage cases that are not based on merit. They save costs to both parties. A patient feels injured What is the first action of a malpractice lawsuit? A person or party that criminal or civil charges are defendant. brought against in a lawsuit is called the A complaint is filed with the clerk of the court during what Pleading phase phase of a lawsuit? The performance of a lawful act in an illegal or hat does misfeasance mean? improper manner. After the defendant's attorney files an answer to the summons, the defendant may also file what type of Counter-claim document? Obtains expert witness report stating the standard of What does the attorney do in a malpractice lawsuit after care was violated Submits an affidavit Reviews they believe the case has merit? appropriate standard of care What element is included in the complaint filed during the The amount of money sought pleading phase of a lawsuit? What is the term when either party in a lawsuit asks that Change of venue the trial be held in another place? What does a deposition contain? Sworn testimony Who issues a summons? Clerk They save costs to both parties. They discourage cases Identify benefits of pretrial screenings. that are not based on merit. Who responds to an interrogatory? Plaintiff or defendant During what phase is a trial date set? Interrogatory phase During what phase of a lawsuit is a deposition given? Pretrial What happens if someone fails to obey a subpoena? They can be charged with contempt of court. What is the consequence of not responding to a Loss of the case by default summons? In court on the witness stand In an attorney's What are ways testimony can be given? conference room Before testifying, what should the witness refresh his or Circumstances, dates times her memory about? What is an interrogatory? A written set of questions requiring written answers What is the term when either party in a lawsuit asks that change of venue the trial be held in another place? What is the punishment for contempt of court? fines and imprisonment What is a technique for resolving civil disputes without Alternative dispute resolution going to court? How often are lawsuits settled out of court? Which action would support best practice if you are subpoenaed to testify in court? 90% What are the pros for alternative dispute resolution? They are time efficient They reduce the expenses of settling a claim If a patient cooperates with testing or treatment, it is assumed that the patient has provided what type of consent? During what phase is a trial date set? Which of the following are types of alternative resolution? Using layperson's terms when you speak Implied consent Interrogatory phase Med-arb Arbitration Mediation A minor who is living away from home and responsible for his/her own support. facts should be brought out in a court of law. What do critics say about alternative dispute resolutions? All Attorneys' fees and damage awards are high. What is permission from a person, either expressed or Consent implied, for something to be done by another? Before proceeding with treatment, health care practitioners must determine whether or not the patients Competent are ____ to give informed consent How long must some women wait in some states before 24 hours being able to sign a consent form for an abortion? What is a technique for resolving civil disputes without Alternative dispute resolution going to court? What are state laws protecting physicians and sometimes other health care practitioners and laypersons from charges of negligence or abandonment if they stop to help Good Samaritan Acts the victim of an accident or other emergency called? What are some of the requirements in regards to the If it isn't in writing and explained completely and fourth C of Medical Malpractice Prevention, Charting? accurately, it wasn't done. What do all physicians/employers have to do carefully Select, Delegate carefully, Supervise with their employees? When they have exhausted all reasonable methods of When should a physician seek a therapeutic course? securing a diagnosis What is the legal and ethical response when a health care Report the mistake to attending physicians and mistake is made? supervisors Note it on the patient's record What is the TJC's accreditation rule about improving the Use at least two forms of patient identifiers when accuracy of patient identification? taking or administering blood Documentation is.... proof or evidence Based on what attributes is an employee expected to Qualifications, Experience, Training perform delegated tasks? What methods should a physician use to diagnose and The least dangerous, Conservative treat a patient? Should practitioners and facilities try to cover up Joint Commission mistakes, they could lose accreditation by which body? TJC recommends confirming which of the following prior Confirming the site, Confirming the patient to any surgery or invasive procedure? regular checking of the alarms. that the alarms can be To improve the effectiveness of clinical alarm systems, heard over other loud noises. that the alarms are set TJC requires appropriately. What is an emancipated minor? According to a 2018 Medscape Report, which of these are reasons that a patient might file a lawsuit? hat should health care workers develop so that patients feel time spent with them is not rushed? For an autopsy to be performed, who would typically sign the informed-consent form? Which of the following are reasons that patients give when considering filing lawsuits? When explaining an illness, what should a health care practitioner do? Details are missing Desperation Billing disputes Good nonverbal communication techniques Good listening skills Next of kin Designated representative Failure to follow safety procedures Errors in medication administration Billing disputes Use terms the patient will understand Who can sign an informed-consent form? If a lawsuit is filed against a physician, who should his/her employees speak to? Important times when a physician should insist on a professional consultation include What is a defense that asserts innocence of wrongdoing of the charges called? A doctor would not be held liable for care given to the victim in an emergency setting if the defense established which of the below? If a health care practitioner is in doubt about what should be recorded in a patient's record, what should they do? Which of the following describes denial as a defense strategy? What type of defense is based on legal technicalities instead of factual evidence? What is a defense used by defendants in medical professional liability suits that allows the accused to present factual evidence that a patient's condition was caused by some factor other than the defendant's negligence? Within certain provisions, the health care practitioner who comes to the aid of a victim in an emergency would not be held liable under __ law. Quality improvement is a method used in which of the following? The patient, An authorized representative The court & The physician's attorney if the family is dissatisfied & if the patient is not doing well. Denial The appropriate standard of care was met, given the emergency situation A true emergency situation existed and was not caused by the defendant Contact legal authorities Declaration of innocence Technical Affirmative defense Common Risk management Insufficient evidence exists to support negligence Statute of limitations has run out Contract coverage for potential damages incurred as a What is liability insurance? result of a negligent act physician can lose their credentialing A physician can What can happen if a physician drops liability insurance? A be dropped from a hospital Which of the following activities may affect the likelihood Prescription writing Patient scheduling Medical record or course of litigation in risk management? charting When considering claims-made insurance, when would a policy that is in force during the previous year cover claims incurred insurance claims? If a medical professional liability insurance policy covers a physician up to a certain established amount, in the event No more than the established amount that the physician loses a lawsuit, what will the insurance company pay? Once a claims-made policy is canceled, coverage does not continue in the future for any claims that might be Tail , Prior, Acts reported unless _____ coverage or ____ ______ coverage is secured at the time the policy is canceled. Physicians may drop their _______ _______ if the premiums liability insurance get too high. What is a type of liability insurance that covers the insured only for those claims made while the policy is in Claims-made insurance force? What is a type of liability insurance that covers the insured for any claims arising from an incident that Occurrence insurance occurred or is alleged to have occurred while the policy is in force, regardless of when the claim is made? What is the determining factor in claims-made When the claim is made malpractice insurance? What is occurrence insurance also known as? Claims-incurred insurance Technical defenses include which of the following?