Legal Concepts and Distinctions Quiz
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Questions and Answers

A __________ between two or more parties is a contract.

agreement

Which of the following terms refers to wrongful acts that do not involve contracts?

  • Torts (correct)
  • Contract
  • Agent
  • Liable

What is the difference between slander and libel?

Slander is spoken defamation, while libel is written defamation.

What are the three parts of a contract?

<p>Offer, Acceptance, Consideration (A)</p> Signup and view all the answers

What are examples of individuals who have legal disabilities?

<p>Minors, Mentally incompetent people, Individuals under the influence of drugs.</p> Signup and view all the answers

What legal mandate must be followed when a contract is explained to a non-English speaking individual?

<p>An interpreter must be used.</p> Signup and view all the answers

Who is responsible for the actions of an agent?

<p>The employer.</p> Signup and view all the answers

What rights do patients have in regard to their health care records?

<p>Patients have the right to a copy of their health care records.</p> Signup and view all the answers

What should you do if you make an error while recording information on health care records?

<p>Cross out with a single line and insert the correct information. (B)</p> Signup and view all the answers

What are privileged communications?

<p>Privileged communications consist of all information given to health care personnel by a patient.</p> Signup and view all the answers

What is required before privileged communications can be shared?

<p>Consent must state what information is to be shared and apply any applicable time limits.</p> Signup and view all the answers

Which of the following information is exempt by law and not considered privileged?

<p>Births and deaths (A), Injuries caused by violence (C)</p> Signup and view all the answers

Who owns health care records?

<p>The health care provider.</p> Signup and view all the answers

What are ethics?

<p>Principles relating to what is morally right or wrong. (A)</p> Signup and view all the answers

What is the purpose of the Patient Self-Determination Act?

<p>To inform patients of their rights regarding decisions toward their own medical care.</p> Signup and view all the answers

What does a DNR order mean?

<p>Do Not Resuscitate; it means that no life-saving measures, such as CPR, will be performed.</p> Signup and view all the answers

Match each advance directive to its purpose:

<p>Living Will = Allows individuals to state their medical treatment preferences Durable Power of Attorney = Permits appointing another person to make health care decisions</p> Signup and view all the answers

List three ways health care facilities create safeguards to maintain computer confidentiality.

<p>Use of codes, Passwords, Constant monitoring.</p> Signup and view all the answers

What are three advantages associated with a health information exchange?

<p>Information for research, Quick access to medical records, Coordinated care.</p> Signup and view all the answers

Identify five rights provided by the Consumer Bill of Rights and Responsibilities.

<p>Reasonable response to a request, Considerate and respectful care, Obtain complete information, Privacy concerning medical programs, Expect reasonable continuity of care.</p> Signup and view all the answers

What is the name of the act that guarantees certain rights to residents in long-term care facilities?

<p>OBRA.</p> Signup and view all the answers

What information must be on the authorization form for the release of patient information?

<p>The purpose for the information, extent of information released, any limits, date of authorization, and signature.</p> Signup and view all the answers

List three examples of information that is exempt by law and not considered privileged.

<p>Births and deaths, Injuries caused by violence, Drug abuse.</p> Signup and view all the answers

Flashcards

What is a contract?

A legally binding agreement involving two or more parties, outlining their obligations and responsibilities.

What are torts?

Civil wrongs that cause harm to another party, not breaching any contract. Examples include negligence and malpractice.

What is defamation?

False statements that damage a person's reputation. Slander is spoken, while libel is written.

What is legal capacity?

The ability to legally participate in contracts. Individuals without capacity, like minors or the mentally incompetent, cannot enter contracts.

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What is criminal law?

Focuses on behaviors deemed criminal, including offenses against individuals or society. Examples: murder, theft, assault.

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What is civil law?

Governs relationships between individuals, protecting rights and resolving disputes.

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What is malpractice?

A physician failing to provide necessary medical care, resulting in harm to the patient. Example: not giving a tetanus shot.

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What is negligence?

An act or omission that leads to preventable harm to a patient. Example: a patient falling due to unsafe practices.

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What is assault and battery in healthcare?

Performing medical procedures without obtaining the patient's informed consent.

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What is preferred patient communication?

The preferred mode of communication is using respectful and clear language, avoiding jargon. All patient information remains confidential unless explicit consent is obtained.

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What are the essential components of a contract?

Offer: A proposal by one party. Acceptance: Agreement by the other party. Consideration: Something of value exchanged (money, services, etc.)

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What is an implied contract?

Obligations are understood but not explicitly stated. Example: visiting a doctor.

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What is an expressed contract?

Terms are clearly stated, either verbally or in writing. Example: signing a surgery consent form.

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What are privileged communications?

Confidential information shared between healthcare providers and patients. It cannot be disclosed without consent.

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Who owns medical records?

Healthcare providers own patient records, but patients have the legal right to obtain copies of their records.

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How should errors in medical records be corrected?

When recording errors, they should be crossed out with a single line, and the correct information added.

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What are ethics in healthcare?

Principles guiding right and wrong behavior. They influence healthcare decisions and interactions.

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What are reporting duties in healthcare?

Healthcare workers must report any observed abuse, unethical behavior, or critical patient situations to supervisors.

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How do healthcare facilities protect patient data?

Codes, passwords, and monitoring systems are used to protect patient information stored in computer systems.

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What are the advantages of health information exchange?

Benefits of sharing patient health information across healthcare providers. It facilitates research, allows for quick access to records, and promotes coordinated care.

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What is HIPAA?

A federal law that protects the privacy of health records. Key aspects include informed consent, secure data handling, and patient access.

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What is the Consumer Bill of Rights?

Encompasses various patient rights, including receiving respectful care, maintaining privacy, and making informed decisions about treatment.

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What is the Patient Protection and Affordable Care Act?

This federal law grants patients various rights, including coverage for young adults until age 26 and preventing lifetime limits on health insurance.

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What is a living will?

A legal document allowing individuals to express their wishes regarding medical treatments they want or do not want, even if they become unable to make decisions later.

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What is a durable power of attorney for healthcare?

A legal document allowing someone to appoint another person to make healthcare decisions on their behalf if they become incapacitated.

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How is patient identification ensured?

Patient identification can be ensured through identification bands, verbal confirmation of their name, and scanning ID bands.

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What are professional standards in healthcare?

Healthcare workers must recognize their qualifications and limitations, respect patient autonomy in treatment decisions, and maintain a professional demeanor.

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What does a DNR order mean?

A directive written by a patient indicating that they do not want any resuscitative measures, like CPR, to be taken after their death.

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Study Notes

  • Contract: Agreement between two or more parties, essential for establishing legal obligations.
  • Torts: Wrongful acts not involving contracts, such as malpractice and negligence.
  • Defamation: False statements damaging a person's reputation; can be slander (spoken) or libel (written).
  • Legal Capacity: Individuals must have the legal capacity to enter contracts; legal disability includes minors or mentally incompetent individuals.
  • Criminal Law: Addresses behaviors classified as crime, focusing on offenses against individuals or society.
  • Civil Law: Governs legal relationships between individuals and protects rights.
  • Malpractice: Failure of a physician to administer necessary medical treatment, such as a tetanus shot.
  • Negligence: Incidents, like patient falls, due to unsafe practices (e.g., side rails left down).
  • Assault and Battery: Performing medical procedures without patient consent.

Communication and Contracts

  • Preferred Communication: All patient information must remain confidential unless consent specifies otherwise.
  • Contract Components: Essential elements include Offer, Acceptance, and Consideration.
  • Implied vs. Expressed Contracts: Implied contracts understand obligations without verbal agreement; expressed contracts clearly state terms.

Patient Rights and Privileges

  • Privileged Communications: Confidential information shared by patients with healthcare personnel must not be disclosed without consent.
  • Patient Ownership: Healthcare providers own health records, but patients have rights to access copies of their records.
  • Error Handling: Recording errors should be crossed out with a single line, and the correct information should be added.

Ethical Responsibilities

  • Ethics: Set principles governing right and wrong, impacting healthcare decisions and interactions.
  • Reporting Duties: Healthcare workers must report any observed abuse or unethical behavior and inform supervisors of critical patient situations.

Confidentiality and Security

  • Computer Safeguards: Healthcare facilities utilize codes, passwords, and monitoring to protect patient information.
  • Health Information Exchange Advantages: Facilitates research, enables quick access to records, and promotes coordinated care.
  • HIPAA: Establishes federal protections for the privacy of health records.
  • Consumer Bill of Rights: Ensures various patient rights, such as receiving respectful care and maintaining privacy.
  • Patient Protection and Affordable Care Act: Grants rights like coverage until age 26 and prevents lifetime limits on insurance.

Advance Directives

  • Living Will: Allows patients to express their wishes regarding medical treatments they do or do not want.
  • Durable Power of Attorney: Permits an individual to appoint someone to make healthcare decisions on their behalf if incapacitated.

Identification and Professionalism

  • Patient Identification: Can be ensured through identification bands, verbal confirmation of the patient's name, and scanning of ID bands.
  • Professional Standards: Healthcare workers must recognize their qualifications and respect patient autonomy in treatment decisions.

Do Not Resuscitate (DNR) Orders

  • DNR Meaning: A directive stating that no resuscitative measures, like CPR, should be taken after a patient's death.

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Description

Test your knowledge on fundamental legal concepts, including contracts, torts, and defamation. This quiz also covers critical distinctions between criminal and civil law, along with examples of legal actions such as negligence and malpractice. Perfect for law students and anyone interested in legal principles!

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