Comlex Level 2 - Medical Law/Ethics
What is respondeat superior or vicarious liability? - Answer it is when an employer is
responsible for the actions of their employees. Both terms essentially mean the same
thing.
what is res ipsa loquitur? - Answer it is when a physician acts negligently to lead to an
accident.
the thing speaks for itself
Example is if a physician prescribes the wrong medication leading to injury or leaves a
scalpel inside someone .
What is contributory negligence? - Answer it is when a patient voluntary neglects to
follow advice leading to injury.
What is the payment system known as capitation? What form of insurance is it seen in?
- Answer Capitation is when a patient is paid the same amount regardless of what kind
of services the patient needs. Think of it as the insurance putting a cap on the amount
you can make. It is seen in HMO
How is the physicians mistake judged against? - Answer it's based on what a
reasonably prudent physician would exercise the same scenario under similar
circumstances.
in what case is a child considered emancipated? - Answer Emancipated minor
-married or military
- living alone or homeless
- parent (16 yo mom)
- financially independent
- High school graduate
when is it considered battery on a patient with a physician? - Answer intentional act that
leads to harm or offensive contact.
An example is when a physician goes in to remove a tumor and sees another one so he
removes it without the patient's permission.
what is one requirement of negligence? - Answer it leads to injury
If a patient asks you about your experience before you perform a procedure what must
you say? - Answer You must state your years of experience. You must fully answer
every patient's question regarding consent.
,If doctors are talking about a patient then when are they considered violating HIPAA? -
Answer If they mention the state then they are not in violation of the law. However, if
they mention the city then they are screwed.
when is a patient found liable based on the strict liability of tort? - Answer it requires a
hazardous act.
If a patient comes in to the ER with emergency symptoms and they request to be
examined or in need of care what must you do even if the insurance denies pay? -
Answer if the insurance denies pay and the patient has emergency symptoms then they
are required to be screened. If it turns out they have an emergency medical situation
then you must treat them until they can be transferred to another facility.
This is EMTALA (emergency medical treatment and labor act)
If you have a patient with an STD and you try to convince them to tell their partner and
they repeatedly refuse, what is it your duty to do? - Answer It is your duty to warn an
endangered third party if you try to convince someone that they should report their STD
and use protection and they refuse.
what is paternalism, nonmalificence, due care? - Answer paternalism- ignores patient's
autonomy
nonmalificence- do no harm
due care- provide care to the patient.
When does a doctors duty to exercise reasonable care to a 1st time patient arise? -
Answer It arises when the doctor actually provides medical treatment, even if the doctor
gives a treatment without physically contacting the patient.
What agencies must be contacted in the case of child abuse? - Answer a doctor may
contact local law enforcement first before submitting a written report to child protective
services or department of children and family services.
In what patient population is a physician required to report abuse? When is a doctor not
required to report abuse? - Answer They are required to report abuse of children and
elderly, even if the patients request nothing be said. If a spouse if being abused they are
NOT required to report it because the spouse may get beaten more.
What is the rule regarding patient confidentiality? - Answer The doctor is required to
maintain patient confidentiality even when it involves third party payers. So if an
insurance company asks for the patients file you gotta ask the patient.
, When can a doctor break confidentiality? - Answer A doctor can break confidentiality if
they feel a patient will harm their own body, certain infectious diseases, & patients with
epilepsy to the DMV.
When is a hospital not forced to follow EMTALA? - Answer When a patient comes into
an ER asking for nonmedical emergency services like a shot or gathering criminal law
cases. However, they must comply if they seek a medical screening exam.
What is implied consent used for? - Answer implied consent is used for when a patient
is incapacitated; they pass out. When a patient comes into an urgent care facility it's
implied that they are going to get TX so if they pass out then you should treat them.
When a caretaker verbally insults, insults, or threatens harm what type of abuse is this?
- Answer it's psychological abuse.
What is 'violation of basic rights' and how is it different from active neglect? - Answer
violation of basic rights: deprives the basic rights that are protected under state and
federal law like the right of privacy to freedom of religion.
Active abuse- when the caregiver intentionally doesn't provide care to the patient like
not giving food or meds.
what is passive type of abuse? - Answer passive abuse is when the caregiver
unintentionally doesn't provide care because they are overloaded with work.
If a patient has a genetic condition and a family member is at risk of developing and
decides to sue, are you supposed to warn the relative or not? - Answer A physician has
a duty to warn those who are established to be at a risk for inheriting the genetically
susceptible.
If a patient writes in his/her will that they have chosen a power of attorney and they are
not married or the parents want to take control, who has the final say in the patient's
outcome? - Answer no matter what, once a power of attorney is declared (whoever it
be) they are the decision maker.
What does EMTALA say about patients who come in to the ER but want to leave? -
Answer EMTALA says that examination should be offered to each ER patient that
requests an examination or looks to have emergency medical condition.
But if a patient refuses then you have to make sure the refusal is written in writing and
that the patient knows about the benefits or treatment and the risks about not getting
treated.
Rights of minors / when do they NOT need parental consent - Answer Minors do NOT
need parental consent for... and any wishes to not involved parents MUST be followed.
1. Contraception
What is respondeat superior or vicarious liability? - Answer it is when an employer is
responsible for the actions of their employees. Both terms essentially mean the same
thing.
what is res ipsa loquitur? - Answer it is when a physician acts negligently to lead to an
accident.
the thing speaks for itself
Example is if a physician prescribes the wrong medication leading to injury or leaves a
scalpel inside someone .
What is contributory negligence? - Answer it is when a patient voluntary neglects to
follow advice leading to injury.
What is the payment system known as capitation? What form of insurance is it seen in?
- Answer Capitation is when a patient is paid the same amount regardless of what kind
of services the patient needs. Think of it as the insurance putting a cap on the amount
you can make. It is seen in HMO
How is the physicians mistake judged against? - Answer it's based on what a
reasonably prudent physician would exercise the same scenario under similar
circumstances.
in what case is a child considered emancipated? - Answer Emancipated minor
-married or military
- living alone or homeless
- parent (16 yo mom)
- financially independent
- High school graduate
when is it considered battery on a patient with a physician? - Answer intentional act that
leads to harm or offensive contact.
An example is when a physician goes in to remove a tumor and sees another one so he
removes it without the patient's permission.
what is one requirement of negligence? - Answer it leads to injury
If a patient asks you about your experience before you perform a procedure what must
you say? - Answer You must state your years of experience. You must fully answer
every patient's question regarding consent.
,If doctors are talking about a patient then when are they considered violating HIPAA? -
Answer If they mention the state then they are not in violation of the law. However, if
they mention the city then they are screwed.
when is a patient found liable based on the strict liability of tort? - Answer it requires a
hazardous act.
If a patient comes in to the ER with emergency symptoms and they request to be
examined or in need of care what must you do even if the insurance denies pay? -
Answer if the insurance denies pay and the patient has emergency symptoms then they
are required to be screened. If it turns out they have an emergency medical situation
then you must treat them until they can be transferred to another facility.
This is EMTALA (emergency medical treatment and labor act)
If you have a patient with an STD and you try to convince them to tell their partner and
they repeatedly refuse, what is it your duty to do? - Answer It is your duty to warn an
endangered third party if you try to convince someone that they should report their STD
and use protection and they refuse.
what is paternalism, nonmalificence, due care? - Answer paternalism- ignores patient's
autonomy
nonmalificence- do no harm
due care- provide care to the patient.
When does a doctors duty to exercise reasonable care to a 1st time patient arise? -
Answer It arises when the doctor actually provides medical treatment, even if the doctor
gives a treatment without physically contacting the patient.
What agencies must be contacted in the case of child abuse? - Answer a doctor may
contact local law enforcement first before submitting a written report to child protective
services or department of children and family services.
In what patient population is a physician required to report abuse? When is a doctor not
required to report abuse? - Answer They are required to report abuse of children and
elderly, even if the patients request nothing be said. If a spouse if being abused they are
NOT required to report it because the spouse may get beaten more.
What is the rule regarding patient confidentiality? - Answer The doctor is required to
maintain patient confidentiality even when it involves third party payers. So if an
insurance company asks for the patients file you gotta ask the patient.
, When can a doctor break confidentiality? - Answer A doctor can break confidentiality if
they feel a patient will harm their own body, certain infectious diseases, & patients with
epilepsy to the DMV.
When is a hospital not forced to follow EMTALA? - Answer When a patient comes into
an ER asking for nonmedical emergency services like a shot or gathering criminal law
cases. However, they must comply if they seek a medical screening exam.
What is implied consent used for? - Answer implied consent is used for when a patient
is incapacitated; they pass out. When a patient comes into an urgent care facility it's
implied that they are going to get TX so if they pass out then you should treat them.
When a caretaker verbally insults, insults, or threatens harm what type of abuse is this?
- Answer it's psychological abuse.
What is 'violation of basic rights' and how is it different from active neglect? - Answer
violation of basic rights: deprives the basic rights that are protected under state and
federal law like the right of privacy to freedom of religion.
Active abuse- when the caregiver intentionally doesn't provide care to the patient like
not giving food or meds.
what is passive type of abuse? - Answer passive abuse is when the caregiver
unintentionally doesn't provide care because they are overloaded with work.
If a patient has a genetic condition and a family member is at risk of developing and
decides to sue, are you supposed to warn the relative or not? - Answer A physician has
a duty to warn those who are established to be at a risk for inheriting the genetically
susceptible.
If a patient writes in his/her will that they have chosen a power of attorney and they are
not married or the parents want to take control, who has the final say in the patient's
outcome? - Answer no matter what, once a power of attorney is declared (whoever it
be) they are the decision maker.
What does EMTALA say about patients who come in to the ER but want to leave? -
Answer EMTALA says that examination should be offered to each ER patient that
requests an examination or looks to have emergency medical condition.
But if a patient refuses then you have to make sure the refusal is written in writing and
that the patient knows about the benefits or treatment and the risks about not getting
treated.
Rights of minors / when do they NOT need parental consent - Answer Minors do NOT
need parental consent for... and any wishes to not involved parents MUST be followed.
1. Contraception
