AHS 321 Final Exam | Questions and Answers

AHS 321 Final Exam | Questions and Answers Tort A civil wrong committed by one individual against another. May be classified as either intentional or unintentional. When it is classified as a criminal wrong (assault, battery, false imprisonment), the wrongdoer can be held liable in a criminal and/or civil action Negligence Omission or commission of an act that a reasonably prudent person would or would not do under given circumstances. It is a form of heedlessness or carelessness that constitutes a departure from the standard of care generally imposed on members of a society Three types of negligent acts malfeasance, misfeasance, nonfeasance Malpractice Professional misconduct, improper discharge of professional duties, or failure to meet the standard of care of a professional that results in harm to another; the negligence or carelessness of a professional person such as a nurse, pharmacist, physician, or accountant Intentional tort an intentional act that causes harm to another Assault an intentional act that is designed to make the victim fearful and produces reasonable apprehension of harm Battery intentional touching of one person by another without the consent of the person being touched False imprisonment the unlawful restraint of an individual's personal liberty or the unlawful restraint or confinement of an individual Defamation of character injury of a person's reputation or character caused by the false statements of another made to a third person. Includes both libel and slander Invasion of privacy a wrong that invades the right of a person to personal privacy. Disregard for a patient's right to privacy is legally actionable, particularly when patients are unable to protect themselves adequately because of unconsciousness or immobility. Infliction of mental distress conduct that is so outrageous that is goes beyond the bounds tolerated by a decent society Three elements of a contract offer/communication, consideration, acceptance Good Samaritan laws laws designed to protect those who stop to render aid in an emergency. These laws generally provide immunity for specified persons from a civil suit arising out of care rendered at the scene of an emergency, provided that the one rendering assistance has not done so in a grossly negligent manner Office of government ethics (OGE) an agency within the executive branch of government whose mission and goals is to foster high ethical standards for employees in the executive branch of government Committee on ethics (house of representatives) designated the "supervising ethics office" for the house of reps, only standing committee of the HOR with membership divided evenly by party -common ethical issues: gifts from outside sources, between employees, conflicting financial interests, remedies for financial conflicts, impartiality in performing official duties, seeking other employment, misuse of position US judicial code of conduct provides guidance for judges on issues of -judicial integrity and independence -judicial diligence and impartiality -permissible extrajudicial activities -avoidance of impropriety or even its appearance Public policy the principle of law that holds that no one can lawfully do that which tends to be injurious to the public or against the public good Sources of public policy legislation; administrative rules, regulations, decisions; judicial decisions Fourteenth amendment states cannot deny any person equal protection of law, shall not make or enforce any law which shall abridge privileges or immunities of citizens, shall not deprive any person of life, liberty or property without due process of law, shall not deny any person equal protection of laws Title VI: civil rights act of 1964 prohibited the practice of racial discrimination by any organization or agency receiving money under any program supported by the department of health and human services. Includes all "providers of service" receiving federal funds under Medicare legislation Privacy act of 1974 a federal statute enacted to safe guard individual privacy from the misuse of federal records, to give individuals access to records concerning themselves that are maintained by federal agencies, and to establish a privacy protection safety commission Health insurance portability and accountability act (HIPAA) an act designed to protect the privacy, confidentiality, and security of patient information Emergency medical treatment and active labor law (EMTALA) a 1986 law that forbids medicare participating hospitals from dumping patients out of emergency departments Ethics in patient referral act of 1989 a 1989 federal law prohibiting physicians who have ownership interest or compensation arrangements with a clinical laboratory from referring medicare patients to the laboratory. Requires all medicare providers to report the names and provider numbers of all physicians or their immediate relatives with ownership interests in the provider entity prior to october 1, 1991 Patient self determination act of 1990 A federal statute that was enacted to ensure that patients are informed of their rights to execute advance directives and accept or refuse medical care. As a result of implementation of the PSDA, healthcare and Medicaid reimbursement programs must address patient rights regarding life sustaining decisions and other advance directives. Sarbanes-oxley act a federal law that requires top executives of public corporations to vouch for the financial reports of their companies. Encourages self regulation and the need to promote due diligence, select a leader with morals and core values, examine incentives, constantly monitor the organization's culture, build a strong, knowledgeable governing body, be on the alert for conflicts of interest, focus attention on the right things, and have the courage to speak out Patient protection and affordable care act (2010) a federal act passed by congress, signed into law by president Obama in march 2010, upheld as constitutional by the supreme court in 2012, designed to provide better health security by enacting comprehensive health insurance reforms that hold insurance companies accountable, lower health care costs, guarantee more choice, and enhance the quality of care for all Americans Political malpractice negligent conduct by an elected or appointed political official that results in care lower than the accepted standard Corporate governing body corporate authority, has the ultimate responsibility for the decisions made in the organization. delegates responsibilities for day to day operations to the organizations chief officer Types of authority express and implied Ultra vires act Acts conducted by a corporation that lie beyond its scope of authority to perform. A governing body can be held liable for acting beyond its scope of authority, which is either expressed (e.g., in its articles of incorporation) or implied in law. Codes of ethics for organizations provide guidelines for behavior that help carry out an organization's mission, vision, and values False or misleading advertising unethical conduct, hospitals advertise their quality by how well a third party evaluates them; often a brief cursory 3-5 day visit. some hospitals cared more about the number they received instead of actual quality Corporate negligence failure by a corporation to perform those duties it owes directly to a patients or to anyone else who a duty may extend. If such a duty is breached and a patient is injured as a result of that breach, the organization can be held culpable Darling v. Charleston community memorial hospital a benchmark case in which the court enunciated a "corporate negligence" doctrine under which hospitals have a duty to provide adequately trained medical and nursing staff. A hospital is responsible, in conjunction with its medical staff, for establishing policies and procedures for monitoring the quality of medicine practiced within the hospital Respondeat superior "let the master answer"; an aphorism meaning that the employer is responsible for the legal consequences of the acts of the servant or employee who is acting within the scope of his or her employment