HIMT 1200 Midterm Flashcards
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Questions and Answers

The health record became admissible to court after?

meeting foundation and trustworthiness requirements

What is an exclusion to physician-patient privilege rules?

known criminal activity by the patient

Who owns the healthcare record?

Owner of storage medium

The 'I'm Sorry' statutes:

<p>exclude apology and admission of fault in some states</p> Signup and view all the answers

What is a court order?

<p>authorization for disclosure that would otherwise be prohibited by statute or regulation</p> Signup and view all the answers

What is command ordered by the court, which requires the appearance of a witness to provide testimony?

<p>subpoena testificandum</p> Signup and view all the answers

Which may issue a subpoena?

<p>federal court clerks</p> Signup and view all the answers

Which occurs when the court directs a person or organization to appear to explain why the court order should not take a proposed action?

<p>show cause order</p> Signup and view all the answers

Which is the inspection and/or copying of documents or other physical evidence upon written request?

<p>production of documents and things</p> Signup and view all the answers

Which is associated with a deposition?

<p>testimony given under oath outside the courtroom</p> Signup and view all the answers

What is the action of a party who possesses data to make efforts to prevent routine destruction of electronically stored information?

<p>litigation hold</p> Signup and view all the answers

A notice of preservation:

<p>notifies the opposing party of the need to preserve relevant electronic evidence</p> Signup and view all the answers

Spoilation is:

<p>wrongful destruction or alteration of evidence</p> Signup and view all the answers

An approved method to challenge the validity of a subpoena duces tecum is called a:

<p>motion to squash</p> Signup and view all the answers

Healthcare records are considered hearsay evidence because:

<p>entries are not made under oath at the time they were documented</p> Signup and view all the answers

Rules of evidence cover what is considered both pertinent and proper for use by a jury and a judge in reaching a decision, and such evidence is considered

<p>admissible</p> Signup and view all the answers

Which was created by statute and used to prevent the forced disclosure of, or testimony about, information obtained about the healthcare provider during the course of treatment?

<p>physician-patient privilege</p> Signup and view all the answers

A subpoena ad testificandum:

<p>is issued by a court to appear and present certain documents</p> Signup and view all the answers

A court order:

<p>authorizes disclosure that would otherwise be prohibited by statute and regulation</p> Signup and view all the answers

A litigation response plan is a:

<p>tool consisting of policies and procedures that addresses how to respond to the legal process requests</p> Signup and view all the answers

Which provides verification that the copy of the patient record is an exact duplicate of the original?

<p>certification process</p> Signup and view all the answers

The legal right to keep certain information private and confidential and protect it from subpoena, discovery, or admission into evidence is called the:

<p>privilege doctrine</p> Signup and view all the answers

Which legal use of healthcare information directly impacts patient care?

<p>establishing standards of care</p> Signup and view all the answers

Which question is asked to establish the trustworthiness requirement as related to the admissibility of the health record into evidence?

<p>Which external procedures were followed concerning access to health records?</p> Signup and view all the answers

A court order is signed by the:

<p>judge</p> Signup and view all the answers

The first step to establishing liability is that:

<p>a relationship must be established between a healthcare provider and a patient</p> Signup and view all the answers

A hospital-patient relationship is established when a patient:

<p>presents either voluntarily for care or in an emergency situation</p> Signup and view all the answers

The anti-dumping law is abbreviated as?

<p>EMTALA</p> Signup and view all the answers

An intentional tort may include an?

<p>assault</p> Signup and view all the answers

Malpractice refers to?

<p>professional misconduct</p> Signup and view all the answers

Expert testimony is used in a malpractice case to?

<p>establish a breach in the standard of care</p> Signup and view all the answers

Nominal damages are awarded to?

<p>vindicate the injured party</p> Signup and view all the answers

Damages awarded to make the plaintiff whole are referred to as?

<p>actual</p> Signup and view all the answers

Study Notes

  • Health records become admissible in court upon meeting foundation and trustworthiness requirements.
  • The owner of the health record is determined by the owner of the storage medium.
  • "I'm Sorry" statutes protect apologies and admissions of fault from being used against healthcare providers in certain states.

Privilege and Confidentiality

  • Physician-patient privilege does not apply to known criminal activity by the patient.
  • The privilege doctrine protects specific information from being revealed in legal proceedings.
  • A notice of preservation alerts opposing parties to maintain relevant electronic evidence.

Court Processes and Subpoenas

  • A court order authorizes the disclosure of information otherwise prohibited by law.
  • Subpoena testificandum mandates a witness to appear and provide testimony.
  • A subpoena ad testificandum requires presentation of documents in court.
  • The production of documents involves the inspection and copying of materials upon written request.
  • A show cause order directs individuals or organizations to explain why a court order should not be enforced.
  • Spoilation refers to the wrongful destruction or alteration of evidence impacting a case.

Litigation and Liability

  • A litigation hold is implemented to prevent routine destruction of electronically stored information.
  • The first step in establishing liability is the creation of a relationship between the healthcare provider and the patient.
  • An intentional tort may include acts such as assault.

Malpractice and Damages

  • Malpractice pertains to professional misconduct by a healthcare provider.
  • Expert testimony is critical in malpractice cases to demonstrate a breach in the standard of care.
  • Nominal damages serve to vindicate an injured party, while actual damages aim to restore the plaintiff's condition.

Compliance and Regulation

  • The anti-dumping law, known as EMTALA, regulates patient transfer and care.
  • The certification process verifies that a copy of a patient record is an exact duplicate of the original.
  • Rules of evidence determine what is deemed admissible for jury and judge consideration in legal contexts.

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Test your knowledge with these flashcards for the HIMT 1200 midterm exam. Covering key concepts such as health record admissibility, physician-patient privilege, and ownership of healthcare records, these flashcards are essential for mastering the course material. Challenge yourself and boost your learning with this engaging study tool.

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