ETHICS
問題一覧
1
deals with the relationships of private parties and the government.
Public Law
2
is concerned with the recognition and enforcement of the rights and duties of private individuals and organizations.
Civil Law
3
deals with acts or offenses against the welfare or safety of the public.
Criminal law
4
consists of the countless regulations set by government agencies.
Administrative Law
5
- is the state
Accuser
6
the person prosecuted
defendant
7
protects private citizens and organizations from others who might seek to take unfair and unlawful advantage of them.
Private or civil law
8
the individual bringing the complaint
Plaintiff
9
the individual accused of wrong
defendant
10
usually in the form of juries, decide between the two parties with regard to the degree of wrong and the level of awards required.
civil courts
11
is a civil wrong, other than a breach of contract, committed against an individual or property, for which a court provides a remedy in the form of an action for damages.
tort law
12
always involves a willful act that violates another person’s interest.
intentional tort
13
does not have to involve any action at all. Instead, a negligent tort can consist of an omission of an action or a failure to carry out a professional duty.
negligent tort
14
Negligence is the failure to perform one’s duties competently. negligent tortnegligent tortnegligent tortnegligent tort
Professional negligence
15
is concerned with the compensation of an individual for loss or damages arising from the unreasonable behavior of another.
The tort of negligence
16
is different because the duty is defined by other professionals and, for that reason, requires expert testimony to establish.
Professional negligence
17
In negligence cases the breach of duty often involves
matter of foreseeability.
18
is sometimes invoked to show that the harm would not ordinarily have happened if the individuals in control had used appropriate care.
Res Ipsa Loquitur
19
revolves around whether the acts of negligence were the cause in fact and the legal cause of the damages.
Causation
20
in fact means simply that the negligent act of the caregiver caused the damages.
Causation
21
usually turns on foreseeability and whether it is fair to impose damages on a defendant.
Proximate causation, or legal causation
22
usually is a question for the injury.
Factual causation
23
is based on foreseeability. It tends to be a retrospective analysis.
Proximate causation
24
is often difficult to prove. In a situation in which the leads were reversed in a patient receiving a dual-chamber pacemaker, the heart, on autopsy, showed focal areas of inflammation.
CAUSATION
25
that the most likely cause of death was not the failure to place the pacemaker leads in the correct position, but rather, a particularly virulent virus (never identified) that caused rhythm disturbances and death.
- The defendant had a pathologist testify
26
another factor in negligence lawsuits.
damages
27
are awarded for economic loss. For example, a working wife and mother killed in a vehicular accident leaves a family without a caregiver for the children and without the $45,000 a year salary she earned. Her economic damages include both the salary figure (adjusted for inflation and wage increases over her work life) and the cost of replacing the home care she rendered to her family.
Economic damages
28
include pain, suffering, disability, disfigurement, and loss of the enjoyment of life. Although economic damages can be guided by hard numbers, juries are often left to decide the value of a person’s pain or suffering. Through tort reform laws, many states have limited the amounts that can be awarded for these elements of damage, but in some states those caps have been overturned.
Noneconomic damages
29
are damages that are awarded to punish wrongful conduct and discourage future unlawful conduct.
Punitive damages
30
as a form of negligence, can involve professional misconduct, unreasonable lack of skill or fidelity in professional duties, evil practice, or unethical conduct.
Malpractice
31
includes crimes such as assault and battery or euthanasia (handled in criminal court).
Criminal malpractice
32
includes negligence or practice below a reasonable standard (handled in civil court).
MalpracticeCivil malpractice
33
includes violations of professional ethics and may result in censure or disciplinary actions by licensure boards.
Ethical malpractice
34
- is a wrong perpetrated by someone who intends to do the act and, possibly, intends to do the harm.
intentional tort -
35
must be intentionally performedto produce the harm or must be performed with the belief that a harmful result was likely to follow.
- Intentional torts
36
is the verbal defamation of an individual by false words by which his or her reputation is damaged.
1. Slander
37
printed defamation by written words, cartoons, and such representations to cause the individual to be avoided or to be criticized.
2. Libel
38
do not exist unless they are seen or heard by a third person.
3. Libel and slander
39
are subject to short statutes of limitation and are generally disfavored in the law.
Torts involving defamation -
40
is an intentional act that places another person in fear of immediate bodily harm.
Assault
41
represents unallowed, nonconsensual physical contact with another person.
Battery
42
- When a practitioner performs a procedure without the patient’s consent, this contact may be considered battery. In most instances, there is an implied consent, created when the patient seeks care from the physician.
1. Physical contact without consent.
43
that only clinicians who engage in intentional conduct are liable.
1. The first defense is that there was no intent to harm
44
- If the patient consented to the action, knowing the risks involved, the practitioner would not be liable.
2. The second defense is that the patient gave consent for the procedure.
45
is a theory in tort law that can be used to impose liability without fault, even in situations in which injury occurs under conditions of reasonable care.
Strict liability -
46
is a more unusual legal claim than is negligence.
Breach of contract
47
can be brought for many reasons, such as to challenge a law or to prevent an activity.
Civil action -
48
would base the secondary charges against the nurses and allied health practitioners on the theory that they missed an opportunity to correct the first wrongdoer’s mistake.
Plaintiff
49
is always based on a contract between an insurance company (insurer) and the person they insure (insured).
Insurance
50
are the product of negotiation between the person or entity insured and the insurer.
Insurance policies
51
before an arterial blood gas measurement shows attention to detail and documents that the patient’s circulation was assessed.
2. Documentation of an Allen test
52
should be sought out, identified, and mitigated where possible
Risks to patients and staff
53
involves an objective look at the organizations practices and methods from the standpoint of both prior litigation at that facility, as well as other litigation at other facilities
Risk audit
54
- is best done by persons who do not have a vested interest in either the organization or its constituent
Risk auditing
55
is another way to accomplish risk reduction.
Ongoing quality improvement
56
in addition to teaching new methods and procedures, should also routinely address documentation standards and how to manage the risks associated
• Professional developmen
57
which required, among other things, the establishment of Standards for Privacy of Individually Identifiable Health Information.
August 1996, the U.S. Congress enacted HIPAA
58
applies to all healthcare providers, health plan providers (with some exceptions, such as small employer plans with fewer than 50 participants administered solely by the employer), and healthcare clearinghouses.
Privacy Rule
59
includes information in any format, which may include patient charts (electronic or paper), faxes, e-mails, or other records.
Protected health information
60
specifies proper methods for the normal and appropriate conduct of healthcare treatment and business for all “covered entities,” individuals, and organizations that have a legitimate need to access and use the information.
The Privacy Rule
Mekayla Absara · 24問 · 1年前
24問 • 1年前Mekayla Absara
questions
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questions
51問 • 1年前FRT
FRT
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FRT
21問 • 1年前CP PATHO
CP PATHO
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CP PATHO
49問 • 1年前FRT PREFINAL
FRT PREFINAL
Mekayla Absara · 46問 · 1年前FRT PREFINAL
FRT PREFINAL
46問 • 1年前問題一覧
1
deals with the relationships of private parties and the government.
Public Law
2
is concerned with the recognition and enforcement of the rights and duties of private individuals and organizations.
Civil Law
3
deals with acts or offenses against the welfare or safety of the public.
Criminal law
4
consists of the countless regulations set by government agencies.
Administrative Law
5
- is the state
Accuser
6
the person prosecuted
defendant
7
protects private citizens and organizations from others who might seek to take unfair and unlawful advantage of them.
Private or civil law
8
the individual bringing the complaint
Plaintiff
9
the individual accused of wrong
defendant
10
usually in the form of juries, decide between the two parties with regard to the degree of wrong and the level of awards required.
civil courts
11
is a civil wrong, other than a breach of contract, committed against an individual or property, for which a court provides a remedy in the form of an action for damages.
tort law
12
always involves a willful act that violates another person’s interest.
intentional tort
13
does not have to involve any action at all. Instead, a negligent tort can consist of an omission of an action or a failure to carry out a professional duty.
negligent tort
14
Negligence is the failure to perform one’s duties competently. negligent tortnegligent tortnegligent tortnegligent tort
Professional negligence
15
is concerned with the compensation of an individual for loss or damages arising from the unreasonable behavior of another.
The tort of negligence
16
is different because the duty is defined by other professionals and, for that reason, requires expert testimony to establish.
Professional negligence
17
In negligence cases the breach of duty often involves
matter of foreseeability.
18
is sometimes invoked to show that the harm would not ordinarily have happened if the individuals in control had used appropriate care.
Res Ipsa Loquitur
19
revolves around whether the acts of negligence were the cause in fact and the legal cause of the damages.
Causation
20
in fact means simply that the negligent act of the caregiver caused the damages.
Causation
21
usually turns on foreseeability and whether it is fair to impose damages on a defendant.
Proximate causation, or legal causation
22
usually is a question for the injury.
Factual causation
23
is based on foreseeability. It tends to be a retrospective analysis.
Proximate causation
24
is often difficult to prove. In a situation in which the leads were reversed in a patient receiving a dual-chamber pacemaker, the heart, on autopsy, showed focal areas of inflammation.
CAUSATION
25
that the most likely cause of death was not the failure to place the pacemaker leads in the correct position, but rather, a particularly virulent virus (never identified) that caused rhythm disturbances and death.
- The defendant had a pathologist testify
26
another factor in negligence lawsuits.
damages
27
are awarded for economic loss. For example, a working wife and mother killed in a vehicular accident leaves a family without a caregiver for the children and without the $45,000 a year salary she earned. Her economic damages include both the salary figure (adjusted for inflation and wage increases over her work life) and the cost of replacing the home care she rendered to her family.
Economic damages
28
include pain, suffering, disability, disfigurement, and loss of the enjoyment of life. Although economic damages can be guided by hard numbers, juries are often left to decide the value of a person’s pain or suffering. Through tort reform laws, many states have limited the amounts that can be awarded for these elements of damage, but in some states those caps have been overturned.
Noneconomic damages
29
are damages that are awarded to punish wrongful conduct and discourage future unlawful conduct.
Punitive damages
30
as a form of negligence, can involve professional misconduct, unreasonable lack of skill or fidelity in professional duties, evil practice, or unethical conduct.
Malpractice
31
includes crimes such as assault and battery or euthanasia (handled in criminal court).
Criminal malpractice
32
includes negligence or practice below a reasonable standard (handled in civil court).
MalpracticeCivil malpractice
33
includes violations of professional ethics and may result in censure or disciplinary actions by licensure boards.
Ethical malpractice
34
- is a wrong perpetrated by someone who intends to do the act and, possibly, intends to do the harm.
intentional tort -
35
must be intentionally performedto produce the harm or must be performed with the belief that a harmful result was likely to follow.
- Intentional torts
36
is the verbal defamation of an individual by false words by which his or her reputation is damaged.
1. Slander
37
printed defamation by written words, cartoons, and such representations to cause the individual to be avoided or to be criticized.
2. Libel
38
do not exist unless they are seen or heard by a third person.
3. Libel and slander
39
are subject to short statutes of limitation and are generally disfavored in the law.
Torts involving defamation -
40
is an intentional act that places another person in fear of immediate bodily harm.
Assault
41
represents unallowed, nonconsensual physical contact with another person.
Battery
42
- When a practitioner performs a procedure without the patient’s consent, this contact may be considered battery. In most instances, there is an implied consent, created when the patient seeks care from the physician.
1. Physical contact without consent.
43
that only clinicians who engage in intentional conduct are liable.
1. The first defense is that there was no intent to harm
44
- If the patient consented to the action, knowing the risks involved, the practitioner would not be liable.
2. The second defense is that the patient gave consent for the procedure.
45
is a theory in tort law that can be used to impose liability without fault, even in situations in which injury occurs under conditions of reasonable care.
Strict liability -
46
is a more unusual legal claim than is negligence.
Breach of contract
47
can be brought for many reasons, such as to challenge a law or to prevent an activity.
Civil action -
48
would base the secondary charges against the nurses and allied health practitioners on the theory that they missed an opportunity to correct the first wrongdoer’s mistake.
Plaintiff
49
is always based on a contract between an insurance company (insurer) and the person they insure (insured).
Insurance
50
are the product of negotiation between the person or entity insured and the insurer.
Insurance policies
51
before an arterial blood gas measurement shows attention to detail and documents that the patient’s circulation was assessed.
2. Documentation of an Allen test
52
should be sought out, identified, and mitigated where possible
Risks to patients and staff
53
involves an objective look at the organizations practices and methods from the standpoint of both prior litigation at that facility, as well as other litigation at other facilities
Risk audit
54
- is best done by persons who do not have a vested interest in either the organization or its constituent
Risk auditing
55
is another way to accomplish risk reduction.
Ongoing quality improvement
56
in addition to teaching new methods and procedures, should also routinely address documentation standards and how to manage the risks associated
• Professional developmen
57
which required, among other things, the establishment of Standards for Privacy of Individually Identifiable Health Information.
August 1996, the U.S. Congress enacted HIPAA
58
applies to all healthcare providers, health plan providers (with some exceptions, such as small employer plans with fewer than 50 participants administered solely by the employer), and healthcare clearinghouses.
Privacy Rule
59
includes information in any format, which may include patient charts (electronic or paper), faxes, e-mails, or other records.
Protected health information
60
specifies proper methods for the normal and appropriate conduct of healthcare treatment and business for all “covered entities,” individuals, and organizations that have a legitimate need to access and use the information.
The Privacy Rule