Intro to Health Ch.1

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71 Terms

1
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˜What are the three branches of government?

Legislative, Executive, Judicial

2
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Who is in the Legislative branch?

House of Representatives and Senate

3
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What does the Legislative branch do?

Develops statutory law

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What statutory law did the legislative branch create?

Medicare and Medicaid amendments to the Social Security Act of 1965

5
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Who is in the executive branch?

President or Governor

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What does the executive branch do?

Proposes legislative action

Vetoes or approves laws

Enforces laws

7
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What do Agencies do?

develop administrative law

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Examples of what Agencies develop?

Occupational Safety and Health Administration (OSHA),

Department of Public Health (DPH)

9
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What if the Boards of medical examiners purpose?

to enforce rules and regulations that affect medical practice

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what does the ˜Judicial system do?

Develops and interprets statutory law

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common law, or case law

Comes from judicial branch

Develops from decisions made in courts

Previous decisions are considered precedent and binding on all lower courts

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What is the Supreme law of the land?

U.S. Constitution and Bill of Rights

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What ˜establishes shared powers between federal and state governments?

U.S. Constitution and Bill of Rights*

14
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Legislature can do what in check and balance?

override veto

declare law unconstitutional

15
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Executive branch can do what in check and balance?

legislative action

veto, appoint, or nominate individuals to certain courts

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Courts can do what in check and balance?

interpret laws and can declare laws

17
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What Is the Law?

˜Collection of statutes, rules, and regulations

˜Meant to provide order in negotiating conflicts

˜Resolves disputes without violence

18
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What is International laws?

laws that are agreed on by a group of nations through treaties and resolutions.

19
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What is ˜Medical ethics?

judgment healthcare providers use to determine what should or should not be done

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What does medical law involve?

the responsibilities of healthcare provider and rights of the patient

21
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Law is constantly evolving and growing to meet the?

changes, challenges, and constant shifts of our society

ex.Laws covering same-sex marriage

laws concerning driving while texting

22
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What are the 4 primary source of Law?

Constitutional

Statutory

Administrative

Common (or case) law

23
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What is a ˜Constitutional Law?

It specifically addresses the relationship between individuals and the government

24
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Federal Constitution takes precedence over?

State constitutions

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˜Statutory Laws is written by

Federal or State legislature

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Local laws are called

ordinances

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What is ˜Administrative Law?

Rules and law made, adjudicated, prosecuted, and enforced by administrative agencies

28
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What is ˜Common law?

Develops from precedents: decisions previously made in courts

29
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State courts make decisions regarding ____ and ____ cases

civil, criminal

30
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common law is adopted by all states, except?

Louisiana

31
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What is Civil Code?

Written set of rules and regulations

Created by legislature

adopted by Louisiana

32
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What are the types of law called?

Criminal and civil wrong

33
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Criminal wrong violates

criminal statutes

34
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tort is also known as

civil wrong

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˜Civil wrong causes harm to a

person or person’s property

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Criminal Law occurs do to

˜Violations against society based on criminal statutes or code

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Misdemeanors are

˜lesser crimes

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Felonies are

serious crimes punishable by large fines and/or imprisonment

May be grounds for revoking a license in healthcare

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Assault and battery are consider

Felonies

40
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A healthcare provider may be prosecuted criminally for practicing without a

license, falsifying information in obtaining a license, or failing to provide life support for a patient

41
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A patient who is treated without consent may file charges against the provider for

assault and battery

42
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Civil Law consist of

contract issues, intentional tort, negligence, malpractice, labor, and privacy

˜Remedies are almost always monetary

43
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Most healthcare civil cases are for

negligence or malpractice

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Torts definition?

˜Private, civil, or constitutional wrong or injury

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Torts consist of

Negligence & Malpractice

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Duty, dereliction of duty, direct cause, harm/damages is related to?

Negligence

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Malpractice is?

Type of negligence

Requires proof of breach of standard of care

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Standard of care is?

type and level of care an ordinary, prudent, health care professional would provide.

49
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The Court System consists of?

˜Trial courts

˜Appellate (appeals) courts

˜State supreme court

50
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˜Most medical malpractice suits are tried to?

state courts

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Medical malpractice, elder abuse, negligence, and major crimes is heard by?

State Trial Courts

52
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In personam means?

court has jurisdiction (control) over the person

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In rem means?

court has jurisdiction (control) over the property or thing itself

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What is statute of limitations?

Defense against a tort action;

requires that a claim be filed within a specific amount of time of discovering that a wrong has been committed.

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In a state trial cas, ˜responsibility rests on the ___to prove their case

plaintiff

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res ipsa loquitur means?

the thing speaks for itself.

Clear evidence of negligence, plaintiff does not to be repsonsible for proving their case.

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Who is the Plaintiff?

person or entity who brings the suit

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Who is the Defendant?

person or entity who is sued and defending against allegations

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˜Pretrial discovery consist of discovery process that inolves?

Interrogatories

Requests for production of documents

Admissions of fact

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Discovery Process meaning?

gathering information in preparation for trial.

61
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You can only appeal a case to the Courts of Appeal if?

it raises an issue of law not facts

62
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State Supreme Courts is the?

˜Top court of the state

˜Does not act on most cases

Parties have no recourse for further review

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Ruling by the U.S. Supreme Court is binding on?

all state courts

64
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What does Writ of certiorari do?

Order a higher court issues to review the decision and proceedings in a lower court and determine whether there were any irregularities.

65
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Cases concerning federal, Constitutional law are filed and tried in?

˜federal district court

66
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In the federal court system, if a case that has been decided in a district court undergoes appeal, the appeal is next decided in the?

regional circuit court of appeals.

67
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One of the four elements of negligence is

A. dereliction of duty.

B. deliberate act.

C. the defendant.

D. executive branch.

A. dereliction of duty.

68
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The statute of limitations refers to

A. the amount of time it takes to go to trial.

B. the amount of time someone has to file a lawsuit.

C. the sentencing given in a lawsuit.

D. All of the above

B. the amount of time someone has to file a lawsuit.

69
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The civil cases seen in courts are suits that involve

A. criminal acts.

B. relationships.

C. employer-related cases.

D. real estate only.

B. relationships.

70
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The term ________ means that a specific legal issue was settled in another similar case, setting a precedent.

A. res ipsa loquitur

B. malpractice

C. tort

D. stare decisis

D. stare decisis

71
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In rem jurisdiction means the court has jurisdiction over

A. civil law cases.

B. malpractice cases.

C. property.

D. appeals only.

C. property.