Healthcare Law & Ethics (week 1 & 2) QUESTIONS
AND ANSWERS| GRADED A
Most important purpose of the health record Correct Answer: - Document patient treatment
- Healthcare providers to communicate among each other
Health record also plays an important role as Correct Answer: A legal document. It provides
critical evidence in the legal process
How are laws classified? Correct Answer: Public law
Private law
Public law Correct Answer: Involves the government at any level and its relationship with
individuals and organizations
Private law Correct Answer: Involves rights and duties among private entities or individuals
Sources of law Correct Answer: Constitution
Statutes
Administrative law
Judicial decisions
Constitutional law Correct Answer: Defines the amount and types of power and authority
governments are given
Statutes Correct Answer: Enacted by legislative bodies (ordinances)
Administrative law Correct Answer: Type of public law. Administrative agencies develop and
enforce rules and regulations that carry out the intent of statues
Judicial decisions Correct Answer: Common law or case law; Created from court decisions;
Primary source of private law
How are legal disputes handled? Correct Answer: Dispute resolution
Bringing a lawsuit
Dispute resolution Correct Answer: 1. Arbitration - Parties agree to submit a dispute to a third
party to make a decision
2. Mediation - Parties agree to submit a dispute to a third party facilitator, who assists the parties
in reaching an agreed-upon resolution
3 tier structure of court systems Correct Answer: Trials courts
Courts of appeals
Supreme courts
,Two parties in a lawsuit Correct Answer: Plaintiff(s)
Defendant(s)
Plaintiff Correct Answer: Group or person who initiates a lawsuit
Defendant Correct Answer: Person or entity who a lawsuit who has been brought against
Ways a defendant can answer the complaint (lawsuit) Correct Answer: Denying
Admitting
Pleading ignorance
Bringing a countersuit (counterclaim, joinder, crossclaim)
Counterclaim Correct Answer: Countersuit against the plaintiff
Joinder Correct Answer: Defendant bringing a complaint against a third party
Crossclaim Correct Answer: Defendant bringing a complaint against another defendant
US Legal Process Correct Answer: Discovery Period
Trial
Post-trial : appeal
Discovery Correct Answer: Pretrial stage where parties use various strategies to obtain
information about a case prior to trial and determine the strength of an opposing party's case
Most common discovery methods Correct Answer: Deposition
Subpoena
Deposition Correct Answer: Out-of-court testimony under oath
Subpoena Correct Answer: A command to appear at a certain time and place to give testimony
on a certain matter
2 types of subpoenas Correct Answer: Subpoena ad testificandum - seeks one's testimony
Subpoena duces tecum - seeks the documents
Admissibility Correct Answer: The court allowing consideration as evidence
2 types of physician-patient relationship contracts Correct Answer: 1. Implied contract
2. Express contract
Implied contract Correct Answer: Created by the parties' behaviors
Express contract Correct Answer: Articulated, either in writing or verbally
, Medical malpractice Correct Answer: Professional liability of healthcare providers
Professional liability causes of action Correct Answer: Breach of contract
Intentional Tort
Negligence
Breach of contract Correct Answer: Failure to perform any term of a contract by any party
involved in the contract; physician's failure to diagnose and treat the patient with reasonable skill
and care
Tort Correct Answer: Injuries. An action brought when one party believes that another party
caused harm through wrongful conduct and seeks compensation for that harm; Wrongful act that
results in injury to another
2 types of tort Correct Answer: 1. Intentional tort - an individual purposely commits a wrongful
act that results in injury
2. Negligence - unintentional wrongdoing
Negligence Correct Answer: When a healthcare provider does not do what a prudent person
would normally do in similar circumstances; 3 types
3 types of negligence Correct Answer: 1. Nonfeasance
2. Malfeasance
3. Misfeasance
Nonfeasance Correct Answer: Failure to act
Such as not ordering a standard diagnostic test
Malfeasance Correct Answer: A wrong or improper act
Such as removal of the wrong body part
Misfeasance Correct Answer: Improper performance during an otherwise correct act
Such as nicking the bladder during an otherwise appropriately performed gallbladder surgery
4 elements that must be proven for a negligence lawsuit to be successful Correct Answer: 1. The
existence of a duty to meet a standard of care
2. Breach or deviation from that duty
3. Causation, the relationship between the defendant's conduct and the harm that was suffered
4. Injury (harm), which may be economic or non-economic
Consent Correct Answer: One's agreement to receive medical treatment
-General consent
-Informed consent
General consent Correct Answer: Signed by patient for routine treatment
AND ANSWERS| GRADED A
Most important purpose of the health record Correct Answer: - Document patient treatment
- Healthcare providers to communicate among each other
Health record also plays an important role as Correct Answer: A legal document. It provides
critical evidence in the legal process
How are laws classified? Correct Answer: Public law
Private law
Public law Correct Answer: Involves the government at any level and its relationship with
individuals and organizations
Private law Correct Answer: Involves rights and duties among private entities or individuals
Sources of law Correct Answer: Constitution
Statutes
Administrative law
Judicial decisions
Constitutional law Correct Answer: Defines the amount and types of power and authority
governments are given
Statutes Correct Answer: Enacted by legislative bodies (ordinances)
Administrative law Correct Answer: Type of public law. Administrative agencies develop and
enforce rules and regulations that carry out the intent of statues
Judicial decisions Correct Answer: Common law or case law; Created from court decisions;
Primary source of private law
How are legal disputes handled? Correct Answer: Dispute resolution
Bringing a lawsuit
Dispute resolution Correct Answer: 1. Arbitration - Parties agree to submit a dispute to a third
party to make a decision
2. Mediation - Parties agree to submit a dispute to a third party facilitator, who assists the parties
in reaching an agreed-upon resolution
3 tier structure of court systems Correct Answer: Trials courts
Courts of appeals
Supreme courts
,Two parties in a lawsuit Correct Answer: Plaintiff(s)
Defendant(s)
Plaintiff Correct Answer: Group or person who initiates a lawsuit
Defendant Correct Answer: Person or entity who a lawsuit who has been brought against
Ways a defendant can answer the complaint (lawsuit) Correct Answer: Denying
Admitting
Pleading ignorance
Bringing a countersuit (counterclaim, joinder, crossclaim)
Counterclaim Correct Answer: Countersuit against the plaintiff
Joinder Correct Answer: Defendant bringing a complaint against a third party
Crossclaim Correct Answer: Defendant bringing a complaint against another defendant
US Legal Process Correct Answer: Discovery Period
Trial
Post-trial : appeal
Discovery Correct Answer: Pretrial stage where parties use various strategies to obtain
information about a case prior to trial and determine the strength of an opposing party's case
Most common discovery methods Correct Answer: Deposition
Subpoena
Deposition Correct Answer: Out-of-court testimony under oath
Subpoena Correct Answer: A command to appear at a certain time and place to give testimony
on a certain matter
2 types of subpoenas Correct Answer: Subpoena ad testificandum - seeks one's testimony
Subpoena duces tecum - seeks the documents
Admissibility Correct Answer: The court allowing consideration as evidence
2 types of physician-patient relationship contracts Correct Answer: 1. Implied contract
2. Express contract
Implied contract Correct Answer: Created by the parties' behaviors
Express contract Correct Answer: Articulated, either in writing or verbally
, Medical malpractice Correct Answer: Professional liability of healthcare providers
Professional liability causes of action Correct Answer: Breach of contract
Intentional Tort
Negligence
Breach of contract Correct Answer: Failure to perform any term of a contract by any party
involved in the contract; physician's failure to diagnose and treat the patient with reasonable skill
and care
Tort Correct Answer: Injuries. An action brought when one party believes that another party
caused harm through wrongful conduct and seeks compensation for that harm; Wrongful act that
results in injury to another
2 types of tort Correct Answer: 1. Intentional tort - an individual purposely commits a wrongful
act that results in injury
2. Negligence - unintentional wrongdoing
Negligence Correct Answer: When a healthcare provider does not do what a prudent person
would normally do in similar circumstances; 3 types
3 types of negligence Correct Answer: 1. Nonfeasance
2. Malfeasance
3. Misfeasance
Nonfeasance Correct Answer: Failure to act
Such as not ordering a standard diagnostic test
Malfeasance Correct Answer: A wrong or improper act
Such as removal of the wrong body part
Misfeasance Correct Answer: Improper performance during an otherwise correct act
Such as nicking the bladder during an otherwise appropriately performed gallbladder surgery
4 elements that must be proven for a negligence lawsuit to be successful Correct Answer: 1. The
existence of a duty to meet a standard of care
2. Breach or deviation from that duty
3. Causation, the relationship between the defendant's conduct and the harm that was suffered
4. Injury (harm), which may be economic or non-economic
Consent Correct Answer: One's agreement to receive medical treatment
-General consent
-Informed consent
General consent Correct Answer: Signed by patient for routine treatment
