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Questions and Answers
A jury does not make determinations of law.
A jury does not make determinations of law.
True (A)
What is the nature of the error when a plaintiff's attorney files a state-law complaint in federal court?
What is the nature of the error when a plaintiff's attorney files a state-law complaint in federal court?
Procedural law
What does service of a summons and complaint require?
What does service of a summons and complaint require?
Adequate notice to the defendant
Match the types of claims from a plaintiff to the defendant:
Match the types of claims from a plaintiff to the defendant:
What may result when a defendant fails to respond to a plaintiff's complaint?
What may result when a defendant fails to respond to a plaintiff's complaint?
What do the Federal Rules of Civil Procedure apply to?
What do the Federal Rules of Civil Procedure apply to?
What may a health information management professional testify to in legal proceedings?
What may a health information management professional testify to in legal proceedings?
Which of the following discovery methods is directed only toward parties involved in the litigation?
Which of the following discovery methods is directed only toward parties involved in the litigation?
What can a deposition be used for?
What can a deposition be used for?
What do the Federal Rules of Civil Procedure address?
What do the Federal Rules of Civil Procedure address?
What must an individual do when served with a court order directing the release of health records?
What must an individual do when served with a court order directing the release of health records?
What is called when a court may order the seizure of a portion of a defendant's monthly wages?
What is called when a court may order the seizure of a portion of a defendant's monthly wages?
What does a subpoena duces tecum compel the recipient to do?
What does a subpoena duces tecum compel the recipient to do?
A valid subpoena duces tecum seeking health records must be signed by both the plaintiff and defendant.
A valid subpoena duces tecum seeking health records must be signed by both the plaintiff and defendant.
What type of legal action does Rule 23 of the Federal Rules of Civil Procedure provide for?
What type of legal action does Rule 23 of the Federal Rules of Civil Procedure provide for?
Information contained in a health record that is discoverable may or may not be what?
Information contained in a health record that is discoverable may or may not be what?
What discovery method is employed by legal counsel to determine the extent of a plaintiff's injuries?
What discovery method is employed by legal counsel to determine the extent of a plaintiff's injuries?
What step should not be included in a health information department's procedure for preparing health records in response to a subpoena?
What step should not be included in a health information department's procedure for preparing health records in response to a subpoena?
What is the $10,000 amount awarded to Mrs. Jones for jurors' perceived recklessness called?
What is the $10,000 amount awarded to Mrs. Jones for jurors' perceived recklessness called?
What must an attorney prove for a state appellate court to hear a case involving a patient injury?
What must an attorney prove for a state appellate court to hear a case involving a patient injury?
Which type of damages has been the primary target of tort reform legislation?
Which type of damages has been the primary target of tort reform legislation?
What is Mr. Green referred to upon appeal in his lawsuit against Dr. Blue?
What is Mr. Green referred to upon appeal in his lawsuit against Dr. Blue?
What is Dr. Blue referred to upon appeal in his lawsuit against Mr. Green?
What is Dr. Blue referred to upon appeal in his lawsuit against Mr. Green?
Dr. Roberts acting as his own attorney is referred to as acting pro se.
Dr. Roberts acting as his own attorney is referred to as acting pro se.
What must a patient document to bring a lawsuit for negligence against a surgeon?
What must a patient document to bring a lawsuit for negligence against a surgeon?
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Study Notes
Legal Procedures and Terms
- A jury does not make determinations of law.
- Filing a state-law complaint in federal court is a procedural error.
- Service of a summons and complaint requires adequate notice to the defendant, which can occur in person or via mail.
Types of Claims
- A plaintiff's lawsuit can lead to a counterclaim against them and a crossclaim against a co-defendant.
- Default judgment may occur if the defendant fails to respond to a plaintiff's complaint.
Federal Rules and Health Records
- The Federal Rules of Civil Procedure apply to federal district courts, addressing trials, procedures, and filing lawsuits.
- A health information management professional may testify to the authenticity of a patient's health record in legal proceedings.
Discovery and Evidence Collection
- Interrogatories are a discovery method directed only towards the parties involved in litigation.
- Depositions can be used to impeach a witness in trial.
- A valid subpoena duces tecum compels the recipient to bring records to a legal proceeding.
Legal Compliance and Court Orders
- Compliance with a court order for the release of health records is mandatory.
- Garnishment allows for the seizure of a portion of wages to satisfy a judgment when the defendant does not pay awarded damages.
Damages in Tort Cases
- Punitive damages are awarded in addition to compensatory damages to deter reckless behavior.
- Non-economic compensatory damages are often targeted by tort reform legislation.
Case Process
- A state appellate court may hear a case if an error of law is proven by the attorney.
- In an appeal, the party appealing is known as the petitioner, while the opposing party is referred to as the respondent.
Self-Representation and Legal Action
- Individuals representing themselves in legal matters are acting pro se.
- A patient left with a retained surgical instrument has grounds to file a lawsuit, requiring documentation and service of allegations against the surgeon.
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