HSC4652L Exam 2

A general rule of conduct that is enforced by the government is a(n) \__________.

law

When a law is violated, the government imposes a \__________.

penalty

\__________ laws deal with the relationship between individuals and the government.

Public

Laws dealing with relationships among individual are referred to as \__________.

private laws

Common law is derived from \__________.

judicial decisions

U.S. common law has as its roots in \__________.

English common law

Statutory law is \__________.

written law

Statutory law can be amended, repealed, or expanded by \__________.

the legislature

The primary responsibility of administrative agencies is to \__________.

implement administrative law

A major function of the executive branch of government is to \__________.

enforce and administer the law

One of the main duties of the legislative branch of government is to \__________.

enact laws

A function of the judicial branch of government is to \__________ the law.

adjudicate

The highest federal court is the \__________.

U.S. Supreme Court

The \____________ is responsible for developing and implementing appropriate administrative regulations for carrying out national health and human services policy objectives.

Department of Health and Human Services

Supreme Court Justice Oliver Wendell Holmes said that the '\________ is a magic mirror, wherein we see reflected not only our own lives but also the lives of those who went before us.'

Law

Cases are tried by applying \__________ law principles unless a statute can be referenced.

common

The common law principle of \__________ (let the decision stand) provides that when a decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving an identical or substantially similar situation is to be resolved in the same manner as the first lawsuit.

stare decisis

The extensive body of public law issued by administrative agencies to direct the enacted laws of the federal and state governments is referred to as \__________.

administrative law

\_____________ is a system of checks and balances that provides that no branch of government has more power than the other branches.

Separation of powers

The \__________ is responsible for the protection of the nation's physical and mental health.

Public Health Service

A civil wrong committed against a person or property for which a court provides a remedy in the form of an action for damages is a \___________.

tort

\__________ is the unintentional commission or omission of an act that a reasonably prudent person would or would not perform under given circumstances.

Negligence

Administering the wrong medication, administering medication at the wrong dosage, and administering medication to the wrong patient is considered \__________ of an act.

commission

Negligence can be in the form of \_______.

malfeasance, misfeasance, and nonfeasance

The element of negligence that requires that there be a reasonable, close, and causal relationship or connection between a defendant's negligent conduct and the resulting damages suffered by the plaintiff is \__________.

causation

The reasonable anticipation that harm or injury will result from an act or a failure to act is \__________.

foreseeability

To recover damages caused by negligence, one must prove \__________.

duty to care, breach of duty, and injury

A false oral or written communication to someone that subjects an individual's reputation to scorn and ridicule is considered \__________. (The communication is not to the individual being scorned or ridiculed.)

defamation of character

The written word form of defamation is \__________.

libel

The spoken word that defames another is \__________.

slander

\__________ is a willful and intentional misrepresentation that could cause harm or loss to an individual or property.

Fraud

A deliberate threat coupled with the apparent present ability to do physical harm to another is \_________.

assault

The intentional or reckless infliction of mental distress is characterized by conduct that is so \__________ that it goes beyond the bounds tolerated by a decent society.

outrageous

\_______ is the violation of another person's physical integrity.

Battery

The intentional touching of another's person, in a socially impermissible manner, without that person's consent is considered \__________.

battery

\_________ law is society's expression of the limits of acceptable human and institutional behavior.

Criminal

One of the objectives of criminal law is to \__________.

maintain public order and safety

A \_______ is a social harm defined and made punishable by law.

crime

An offense punishable by less than one year in jail and/or a fine is a \__________.

misdemeanor

The \__________ is a formal reading of the accusatory instrument and includes the setting of bail.

arraignment

Billing each stage of a medical procedure as if it were a separate procedure is referred to as \__________.

unbundling

\_______ is the unlawful killing of another person without malice or forethought.

Manslaughter

A written or oral agreement that involves legally binding obligations between two or more parties is a \__________.

contract

An agreement between two or more entities to deal only with each other regarding a specific area of business is a(n) \_____________ contract.

exclusive

To be enforceable, contracts must contain \__________.

an offer or communication, consideration, and acceptance

Before the trial, facts are investigated in a process called \__________.

discovery

A legal order requiring a person to appear in court is a(n) \__________.

subpoena

\__________ evidence is offered by the objects themselves.

Demonstrative

Knowing that a danger exists and voluntarily accepting the risk by exposing oneself to it is \__________.

assumption of a risk

Which of the following principles of law may relieve a defendant from liability?

Borrowed servant doctrine, Contributory negligence, and Good Samaritan laws

In Johnson v. Terry, punitive damages are referred to as 'that mighty engine of \__________.'

deterrence

The party making an appeal is known as the \__________.

appellant

\__________ is a common law doctrine by which federal and state governments historically have been immune from liability for harm suffered from the torturous conduct of employees.

Sovereign immunity

Damages often include \__________ damages.

nominal, compensatory, and hedonic

\_____ is a legal obligation of care, performance, or observance imposed on one to safeguard the rights of others.

Duty

This chapter (8) introduced the reader to the \__________.

ethical responsibilities of healthcare organizations, legal risks to which healthcare organizations and their governing bodies are exposed, and duties of healthcare organizations

The \__________ has the ultimate responsibility for the decisions made in the organization.

governing body

An organization's code of ethics \__________.

provides guidelines for behavior, builds trust, and increases awareness of ethical issues

\__________ corporate authority is specifically delegated by statute.

Express

Generally speaking, \__________ corporate authority arises where there is a need for corporate powers not specifically granted by the articles of incorporation.

implied

A governing body that has acted beyond the scope provided in its articles of incorporation or implied in law has committed a(n) \__________.

ultra vires act

A hospital's \_____________ provides guidelines for behavior that help it to carry out its mission, vision, and values.

code of ethics

An argument can be made that there can be a(n) \_______ when the organization being surveyed/inspected reimburses the inspecting agency for the survey/inspection.

conflict of interest

A(n) \__________ relationship is established when the principal has no right of control over the manner in which the agent's work is to be performed.

independent contractor

It is unethical for healthcare organizations to \__________.

advertise misleading information

\_______ is a legal doctrine that holds employers liable for the wrongful acts of their agents (employees).

Respondeat superior

Corporate negligence occurs when a healthcare corporation fails to perform those \_____________ it owes directly to a patient or to anyone else to whom a duty may extend.

duties

An organization is expected to provide a culture of \__________.

safety

Board members should disclose \__________ incentives that may occur as a result of being a board member.

financial

\_______ was a benchmark case in the healthcare field that has had a major impact on the liability of healthcare organizations.

Darling v. Charleston Community Memorial Hospital

Organizational duties and responsibilities of healthcare organizations include \__________.

allocation of scarce resources, appointment of a CEO, and provision of a safe environment

Organizations are expected to maintain a culture that \__________.

supports patient safety, fosters respect and trust, and encourages integrity and honesty

The authority of a corporation is expressed in \__________.

the law under which the corporation is chartered

A corporation has a \__________.

governing body that has ultimate responsibility for decisions made in the organization

A \__________ occurs when a person has an opportunity to promote self-interests that could have a detrimental effect on an organization.

conflict of interest

Codes of ethics \__________.

can vary based on the risks associated with a particular profession

Professional codes of ethics for healthcare professionals have been developed to \__________.

provide guidance to those faced with ethical dilemmas

Healthcare professionals are required to exercise the same degree of care and skill exercised by other \__________ under like or similar circumstances.

caregivers

Practicing outside one's scope of practice involves \__________.

ethical and legal issues

\__________ are expected to treat patients with respect and to disclose all relevant information to patients so that they can make informed choices regarding their care.

Dental hygienists, nurse practitioners, and physician assistants

Federal and state statutes impose a duty on hospitals to provide \___________.

emergency care

A \__________ is a nurse who has passed a state registration examination or has been licensed to practice nursing.

registered nurse

A nurse has a duty to question the discharge of a patient if he or she has reason to believe that it would be \__________ to the health of the patient.

detrimental

Failure to recognize changes in a patient's deteriorating \___________ can lead to liability on the part of the nurse and the hospital.

condition

The \__________ is generally the medical professional who sees the patient more than any other. Consequently, he or she is in a position to monitor the patient's illness, response to medication, display of pain and discomfort, and overall condition.

nurse

\__________ is a process for validating the background of healthcare professionals and assessing their qualifications to provide healthcare services in an organization.

Credentialing

License suspension and revocation procedures are commonly contained in a \__________ licensing act.

state's

The duties and responsibilities of pharmacists \_____ filling prescriptions and dispensing drugs.

have progressed well beyond

The \__________ of medications is the processing of a drug for delivery or for administration to a patient pursuant to the order of a healthcare practitioner.

dispensing

A student nurse is held to the standard of a competent \___________ when performing nursing duties.

professional nurse

If the nurse finds a physician's medication order questionable, the nurse \__________.

should contact the physician for clarification of the order

Scope of practice refers to the \__________ boundaries of practice for healthcare professionals, as is often defined in state statutes, which define the actions, duties, and limits of professionals in their particular roles.

permissible

A physician who is on emergency department call and fails to respond to a request to attend a patient \__________.

has an ethical responsibility to respond to the patient's care needs, has a legal responsibility to respond to the patient's care needs, and can be liable for injuries suffered by the patient because of his or her failure to respond

If the public is aware that a hospital furnishes emergency services and relies on that knowledge, the hospital \__________.

has a duty to provide those services to the public

A \___________ is a registered nurse who has completed the necessary education to engage in primary healthcare decision-making.

nurse practitioner

If a caregiver disagrees with a physician's written orders, the caregiver \__________.

should seek clarification from the ordering physician

Hospitals have a responsibility to take reasonable steps to ensure that physicians using hospital facilities are \__________ for the privileges granted.

qualified

Licensed professionals who exceed their scope of practice as defined by a particular state professional practice act can be found to \__________.

have both violated licensure provisions and performed tasks that are reserved by statute for another healthcare professional

A defense that sexual improprieties with clients did not take place during treatment sessions is \__________.

unacceptable conduct because when a psychologist's personal interests intrude into the practitioner-client relationship, the practitioner may fail to maintain objectivity.

Healthcare professionals are expected to \__________.

abide by the ethical code of their profession, not criticize the professional skills of others, and provide each patient with medical care comparable with national standards