Exam Negligence and Intentional Torts Please Answer No More 3 Sentence. What level of intent is required for strict liability, negligence, and intentional torts/
- Consent for treatment is presumed during
- Describe vicarious liability and its potential application to a health care prover.
- The damage that cannot be easily quantified, such as pain and suffering, are referred to as Non-Economic Damage
- The duty of a hospital emergency department to evaluate all patients who enter is codified in what federal law? EMTALA
- Describe the difference in proof required in civil and criminal cases
- Programs promoting legal compliance and corporate integrity among health care entities are called
- The prime advantage of incorporation is
- Other than the anti-fraud provisions, what are the major components of HIPPA?
- Facilities that violate federal statutes for emergency treatment can be banned from participating in the Medicare program. This consequence is called
- Doctors who are independent contractors may still be considered employees of a hospital through the doctrine of
- In Hill v. Ohio County, you reviewed the case of a plaintiff who has refused admission to the hospital and later died. Would this case be decided differently today? Why or why not?
- The President of the United States represents which of the three branches of the federal government?
- The federal agency responsible for promoting the welfare of wage earners and improving working conditions for an employee is called the
- List three differences between the Anti-Kickback Statute and the Stark Law
- A method resolving disputes at a hearing before an impartial referee without involving the court system is called
- True or False. As long as there is no private gain or profit, promotion of health is usually considered a valid charitable purpose in itself
- State laws that shield first responders provider from liability for extending aid at an emergency scene are called
- True or False. A court reviewing the use of tying arrangements by a competitor is likely to apply the Rule of Reason analysis.
- An offer to do something for free does not usually result in the formation of a contract because the offer lacks
- To be effective, consent given by a patient for a medical procedure or surgical intervention must be
- When a private whistleblower files a claim on behalf of the government for fraud or abuse, it is called a (n)
- True or False. A single action cannot give rise to both a crime and a tort.
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The Law of Healthcare Administration
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- List three things that should be included in an informed consent
- True or False. Many states require hospitals to maintain emergency care facilities or arrange for such care as a condition of licensing.
- As found in Taras off a doctor has a duty to use to protect persons threatened by a patient’s condition
- A charitable corporation is a subset of a(n) corporation
- The federal government’s primary statute in dealing with fraud and abuse is the
- When a patient lacks capacity and no advance directive, doctors and family members try to make the decision that the patient would have made if she/he is able to make decisions. The doctrine is called
- True or False. In a medical malpractice action based on negligence, a physician is held to a reasonable person standard, unless the mechanism of injury is commonly understood.
- A ( n) is a court order directing that a certain act is performed or not performed.
- The model state law that addressed paternity support, genetic testing and related issues are the
- The practice of health facility refusing to treat or transferring patients who are uninsured and unable to pay for medical care is called
- Briefly describe the doctrine of res ipsa loquitur and its potential relevance to medical liability
- The two fundamental requirements for a Sec. (501)(3) federal tax exemption are the charitable purpose and no
- Most malpractice cases are based on the legal theory of
- When the law disregards the corporate form and places liability on owners of the corporation, this is known as.
USE THIS BOOK
The Law of Healthcare Administration
