Exam Negligence and Intentional Torts

Exam Negligence and Intentional Torts Please Answer No More 3 Sentence. What level of intent is required for strict liability, negligence, and intentional torts/

Exam Negligence and Intentional Torts
Exam Negligence and Intentional Torts
  1. Consent for treatment is presumed during
  2. Describe vicarious liability and its potential application to a health care prover.
  3. The damage that cannot be easily quantified, such as pain and suffering, are referred to as Non-Economic Damage
  4. The duty of a hospital emergency department to evaluate all patients who enter is codified in what federal law? EMTALA
  5. Describe the difference in proof required in civil and criminal cases
  6. Programs promoting legal compliance and corporate integrity among health care entities are called
  7. The prime advantage of incorporation is
  8. Other than the anti-fraud provisions, what are the major components of HIPPA?
  9. Facilities that violate federal statutes for emergency treatment can be banned from participating in the Medicare program. This consequence is called
  10. Doctors who are independent contractors may still be considered employees of a hospital through the doctrine of
  11. 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?
  12. The President of the United States represents which of the three branches of the federal government?
  13. The federal agency responsible for promoting the welfare of wage earners and improving working conditions for an employee is called the
  14. List three differences between the Anti-Kickback Statute and the Stark Law
  15. A method resolving disputes at a hearing before an impartial referee without involving the court system is called
  16. 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
  17. State laws that shield first responders provider from liability for extending aid at an emergency scene are called
  18. True or False. A court reviewing the use of tying arrangements by a competitor is likely to apply the Rule of Reason analysis.
  19. An offer to do something for free does not usually result in the formation of a contract because the offer lacks
  20. To be effective, consent given by a patient for a medical procedure or surgical intervention must be
  21. When a private whistleblower files a claim on behalf of the government for fraud or abuse, it is called a (n)
  22. True or False. A single action cannot give rise to both a crime and a tort.

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  1. List three things that should be included in an informed consent
  2. True or False. Many states require hospitals to maintain emergency care facilities or arrange for such care as a condition of licensing.
  3. As found in Taras off a doctor has a duty to use to protect persons threatened by a patient’s condition
  4. A charitable corporation is a subset of a(n) corporation
  5. The federal government’s primary statute in dealing with fraud and abuse is the
  6. 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
  7. 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.
  8. A ( n) is a court order directing that a certain act is performed or not performed.
  9. The model state law that addressed paternity support, genetic testing and related issues are the
  10. The practice of health facility refusing to treat or transferring patients who are uninsured and unable to pay for medical care is called
  11. Briefly describe the doctrine of res ipsa loquitur and its potential relevance to medical liability
  12. The two fundamental requirements for a Sec. (501)(3) federal tax exemption are the charitable purpose and no
  13. Most malpractice cases are based on the legal theory of
  14. When the law disregards the corporate form and places liability on owners of the corporation, this is known as.

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The Law of Healthcare Administration

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