HIMS 180 Final Flashcards

Questions and Answers

A jury does not make determinations of law.

True

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?

Adequate notice to the defendant

Match the types of claims from a plaintiff to the defendant:

A lawsuit filed against a plaintiff = Counterclaim A lawsuit filed against a co-defendant = Crossclaim Signup and view all the answers

What may result when a defendant fails to respond to a plaintiff's complaint?

Default judgment Signup and view all the answers

What do the Federal Rules of Civil Procedure apply to?

Federal district courts Signup and view all the answers

What may a health information management professional testify to in legal proceedings?

The authenticity of the patient's health record Signup and view all the answers

Which of the following discovery methods is directed only toward parties involved in the litigation?

Interrogatories Signup and view all the answers

What can a deposition be used for?

To impeach a witness at trial Signup and view all the answers

What do the Federal Rules of Civil Procedure address?

All of the above Signup and view all the answers

What must an individual do when served with a court order directing the release of health records?

Must comply with it Signup and view all the answers

What is called when a court may order the seizure of a portion of a defendant's monthly wages?

Garnishment Signup and view all the answers

What does a subpoena duces tecum compel the recipient to do?

Bring records to a legal proceeding Signup and view all the answers

A valid subpoena duces tecum seeking health records must be signed by both the plaintiff and defendant.

False Signup and view all the answers

What type of legal action does Rule 23 of the Federal Rules of Civil Procedure provide for?

Class action Signup and view all the answers

Information contained in a health record that is discoverable may or may not be what?

Admissible Signup and view all the answers

What discovery method is employed by legal counsel to determine the extent of a plaintiff's injuries?

Physical examination Signup and view all the answers

What step should not be included in a health information department's procedure for preparing health records in response to a subpoena?

Remove pages containing detrimental information Signup and view all the answers

What is the $10,000 amount awarded to Mrs. Jones for jurors' perceived recklessness called?

Punitive damages Signup and view all the answers

What must an attorney prove for a state appellate court to hear a case involving a patient injury?

An error of law occurred Signup and view all the answers

Which type of damages has been the primary target of tort reform legislation?

Non-economic compensatory damages Signup and view all the answers

What is Mr. Green referred to upon appeal in his lawsuit against Dr. Blue?

Respondent Signup and view all the answers

What is Dr. Blue referred to upon appeal in his lawsuit against Mr. Green?

Petitioner Signup and view all the answers

Dr. Roberts acting as his own attorney is referred to as acting pro se.

True Signup and view all the answers

What must a patient document to bring a lawsuit for negligence against a surgeon?

Allegations against the surgeon Signup and view all the answers

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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Description

Test your knowledge with these flashcards covering essential concepts from HIMS 180. The questions and definitions focus on legal procedures, including jury roles, procedural law, and service of summons. Perfect for review before your final exam!