Law

1.True or False: A nurse sharing results with homecare assistance is considered violation of patient privacy?  True
2.True or False: Sharing results with the insurance company  False
3.What is OSHA?  Occupational Safety and Health Administration
4.What is a required OSHA requirement? Requires for all OSHA guidelines to be posted visibly for all employees to see
5.What does OSHA consider infectious agents? Synovial fluid, organ unfixed, body fluids with blood
6.True or False: Does OSHA consider vomit and feces infectious agents? False
7.Doctor tells pt to wear a seat belt, what level of care is this?  this is primary care because it is negligence
8.How do you officially end doctor patient relationship?   Send letter in the mail stating termination
9.True or False: Two podiatrist discuss a patient case with pertinent medical history in a coffee shop. Are they violation of HIPPA laws? True, with pertinent information in public places yes. If they are unable to identify then false.
10.When should the time out be done? Immediately before the surgical procedure
11.A resident scrapes the blade and puncture’s their glove. What steps should be taken?
  •  report the incident
  • added in the note
  • have blood drawn to test HIV
  • needs to go to employee health
12.True or False: Wearing eye protection and double gloving are appropriate according to OSHA standards? true
13.True or False: recapping needles are appropriate according to OSHA standards? False. In the OR you do NOT recap, you point needle down, state “needle down” for people to hear and you throw it directly in the sharps container
14.Who gives a podiatrist their licence to practice? The State Medical Board or state government agency
15.What is medical malpractice based on negligence? Tort
16.A nurse accidentally steps on a patients post operative foot, will she get sued? under the nurse’s negligence, the rule of respondeat superior, the doctor is responsible
17.A doctor guarantees a great bunionectomy result before surgery, is he held liable if the outcome is a bad post-op results? Yes, he promised a guaranteed result, he is held liable in court. NEVER guarantee in surgery.
18.Difference crime vs tort?  Tort- a private wrong.

Crime-violation or offense against gov or public.

19.As a doctor, you witness an accident in the streets, if you treat the person injured are you liable? No, since there was no compensation or contract expectation. Made out of good effort to assist the person.
20.How do you terminate a contract with a patient? In written form, mailed to patient, explaining the patient’s medical problem.
21.What is Statue of Limitation? the period of time allowed to file a malpractice suite
22.What is the standard of care? the degree of care required by a podiatrists, nothing less. It is based on the most resent law suite on that case

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Terms

Anti-kick back prohibits the exchange of anything of value, in an effort to induce or reward in health care
Assault  a physical attack
Conflict of Interest Ethical issue between doctor and patient or have potential to arise
Joint Liability A claimant may pursue an obligation against any one party as if they were jointly liable
Libel written false statement that is damaging to a person’s reputation
Minor legally distinguishes childhood from adulthood. The age of majority depends upon jurisdiction, but generally 18.
Motion  a request to the judge to make decision or bring light to an issue
Medicaid Established in 1965, it is a medical assistance program jointly financed by state and federal governments for low income individuals, or older aged seniors.
Power of Attorney A legal document giving the authority to act for another person in specified or all legal or financial matters
Quid Pro Quo Latin:”something for something”. A favor granted or expected in return for something.
Respondeat Superior the doctor is responsible for their agents
Res Ipsa Loquitur Latin:”the thing speaks for itself”. principle that the occurrence of an accident implies negligence. Example is an instrument left inside  patient after closing.
Slander Spoken defamation, a false spoken claim to make about someone else.
Stark Law Prohibit physician self-referral, specifically a referral by a physician of a Medicare or Medicaid patient that has a financial relationship.
Subpoena duces tecum A written order for a person to attend a court and bring relevant documents.
Transparency It is clear and able to see through, available to public.
Tort A wrongful act or an infringement of a right
Deposition Permitted pre-trial discovery (investigation), set up by an attorney for one of the parties to a lawsuit
Defamation The action of damaging the good reputation of someone; slander or libel
Expert witness Permitted to testify at a trial because of special knowledge
Injunction An authoritative warning or order to a person from continuing an action