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Flashcards in 10) PT and the Law Deck (58)
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1

What are the broad system’s of the US court system?

Criminal and Civil

2

What is the Law based off of?

British common law, French & Spanish legal codes, and religious doctrines

3

State Jurisdiction 

Broad and general exclusive jurisdiction over crimes occurring in states 

4

Federal Jurisdiction

Limited jurisdiction over issues involving specific federal interests

  • Anti-trust cases
  • Bankruptcy cases
  • Copy Right cases
  • Patents
  • Federal Crimes
  • Military Crimes
  • Cases involving Medicare or the VA

5

Constitutional Law

Pre-eminent source of legal authority; Supreme law of the land

6

Statutory Law

?

7

Common Law

Judge-made case law; All judicial decisions creating legal precedent in areas where legislatures haven’t enacted statues

  • A case will have the same result as a prior case with the same circumstances when there is no law to influence the decision

8

Administrative Law

Promulgate rules and regulations to supplement statues and executive orders

9

Secondary Sources

Professional association and institutional protocols

  • Accreditation standards/Guidelines
  • OSHA
  • SSA
  • Practice Act

10

Due Process of Law

Fundamental fairness

11

Substantive Due Process

?

12

Procedural Due Process

Fairness in legal actions; The defendant must be made aware of the charges brought against them

13

What amendments support due process of law?

4th & 5th

14

Unethical conduct is a violation of what type of law?

Criminal

15

What are the differences between civil(torts) and criminal law?

Civil - Private actions

  • Plaintiff vs defendent
  • Proof = Preponderance of evidence
  • Liability
  • Punishment = Monetary damages

 

Criminal - Legal actions brought on behalf of society; Involves the government

  • State vs defendent
  • Proof = Beyond reasonable doubt
  • Guilt
  • Punishment = Incarceration

16

Clear and Convincing Evidence

Proof requires a slightly higher standard than the preponderance standard

17

What can happen as a result of a criminal misconduct lawsuit against a health care professional?

  • Incarceration
  • Can go on permanent public record
  • Civil action against license
  • Professional association ethics action
  • Monetary fine

18

When a HCP’s license is charged, where can legal actions occur?

  • Legal (court of law)
  • Administrative (Licensing board)
  • Association (Professional)

19

True or false: If you complete a wrong-doing such as not paying child support or not showing up for jury duty, you can have your license suspended?

True

20

Comparative Fault

Tort compensation reduced by the degree to which the pt is at fault

21

Res Ipsa Loguitur

Inference or presumption of negligence against the PT as the defendent; “Things speak for themselves”

22

Punitive Damages

Monetary damages awarded against malpractice

23

Will malpractice insurance cover a malicious act?

No

24

Strict Products Liability

Liability for pt injury from dangerously defective commercial products such as a stim machine

25

What are the critical elements of res ipsa loguitur?

  1. The incident that led to the pt’s injury doesn’t usually occur without negligence on someone’s part 
  2. Bc the PT exclusively controls the equipment/modalities that led to the injury, the negligent party is probably the PT
  3. Pt was not contributory to their injury

26

What are some examples of tort reform initiatives?

  • Administrative Medical Review Panels
  • Imposing caps on monetary damages
  • Placing monetary limits on plaintiff attorney contingent fees
  • Reforming joint and several liabilities
  • Modifications to statutes of limitations
  • Creation of statutes of response
  • Penalizing the plaintiff and attorney for filing a frivolous lawsuit
  • Requiring period payment of monetary damages
  • Limiting punitive damage rewards

27

Malpractice 

The liability of the PT for pt injury as a result of professional negligence, breach of contractual promise regarding tx, dangerously defective to products or modalities, and abnormal dangerous tx activities

28

What are the most common reasons for litigations against PT’s?

  • Lack of Communication
    • Unmet pt/family expectations
    • Collection activities
    • Not common goals
  • Failure to establish good rapport

29

What factors increase odds of a malpractice suit?

  • External
    • Litigious society
    • Changes in healthcare

 

  • Internal
    • Broad scope
    • Multi-tasking
    • Increased time demands

30

Negligence

Legally actionable carelessness, substandard care, contributory negligence, or omission