Term
| From whom to whom does the Constitution delegate power? |
|
Definition
| From States to Federal Government |
|
|
Term
| The Constitution is known as what? |
|
Definition
| The supreme law of the land |
|
|
Term
| How many Amendments are there? |
|
Definition
|
|
Term
| Which Amendment is NOT enforced? |
|
Definition
|
|
Term
| What are the first 10 Amendments known as? |
|
Definition
|
|
Term
| At the time of enactment, to whom did the Bill of Rights apply? |
|
Definition
| Only the Federal Government |
|
|
Term
| Which Amendment applied the Bill of Rights to the States |
|
Definition
|
|
Term
| What are the 3 branches of government? |
|
Definition
| Legislative Executive Judicial |
|
|
Term
| What is the primary function of the Legislative Branch? |
|
Definition
|
|
Term
| What is the primary function of the Executive Branch? |
|
Definition
| to govern in accordance with the law. |
|
|
Term
| What is the primary function of the Judicial Branch? |
|
Definition
| to interpret the Law (some decisions can also create law) |
|
|
Term
| What are the two tenants of the 14th Amendment? |
|
Definition
Equal Protection
Due Process |
|
|
Term
|
Definition
| directs that equals should be treated equally. |
|
|
Term
| What does Due Process afford the average citizen? |
|
Definition
| The right to move through the system in the order indented by law |
|
|
Term
|
Definition
| law explicitly written by a legislative body |
|
|
Term
| What are local (city, county) statutes known as? |
|
Definition
|
|
Term
| What right does the 4th Amendment bestow upon US citizens? |
|
Definition
| freedom from unreasonable search and seizures |
|
|
Term
| How many federal circuit courts are in the US? |
|
Definition
|
|
Term
| How are circuit courts aligned? |
|
Definition
|
|
Term
| Under courts of appeal, how many district courts are there? |
|
Definition
|
|
Term
| What structure best describes the federal court system? |
|
Definition
|
|
Term
| How many levels exist within federal court system? |
|
Definition
|
|
Term
| What are the three levels of the federal court system from highest to lowest? |
|
Definition
US Supreme Court
Courts of Appeal
District Court |
|
|
Term
| Which court holds "Original Jurisdiction"? |
|
Definition
|
|
Term
| Other than the court of appeals, cases decided at which court authority can be appealed directly to the US Supreme Court? |
|
Definition
|
|
Term
| How many levels of court exist within the Military Court System? |
|
Definition
|
|
Term
| From highest to lowest, list the levels of Military Court. |
|
Definition
US Supreme Court
US Court of Appeals for Armed Forces
Court of Military Criminal Appeals
Courts-Martial |
|
|
Term
| What is "PRECEDENT" and how is used by either side of a court case? |
|
Definition
| A previously decided case that closely relates to the current case; used to either bolster their case or tear down the case of the opposite side. |
|
|
Term
| What does Stare Decisis mean, and what is its application in the court system? |
|
Definition
| "let the decision stand" - A ruling by a higher court is binding to the lower courts within the district stovepipe. |
|
|
Term
| What determines the strength of a decision's "stare decisis? |
|
Definition
| It's age: Older = Stronger |
|
|
Term
| What are the exceptions to "stare decisis"? |
|
Definition
1. Circumstances have changed
2. The earlier decision was wrong in the first place. |
|
|
Term
| What are two examples of an original decision being over-turned despite "stare decisis" due to being "wrong"? |
|
Definition
Roe v. Wade
Brown v. Board of Education |
|
|
Term
|
Definition
written statutory rules that govern how people behave.
Define crimes and set punishments.
Define our rights and responsibilities as citizens. |
|
|
Term
| True or False, there are elements of substantive law in both criminal and civil law. |
|
Definition
|
|
Term
| List the different types of law: |
|
Definition
(P3C3SAS)
Procedural
Public
Private
Common
Criminal
Civil
Substantive
Administrative
Statutory |
|
|
Term
| What does Procedural law dictate, and to whom does it apply? |
|
Definition
|
|
Term
| Who must be involved in the case for it to be considered Public Law? |
|
Definition
|
|
Term
| The involvement of what two entities (either/or) makeup Private Law? |
|
Definition
| Individual Persons or Corporations |
|
|
Term
|
Definition
| There is a decision of punishment; society is harmed. |
|
|
Term
| What makes Substantive Law so important? |
|
Definition
| It defines what makes a law and law. How the state defines what acts constitute a violation of that law. |
|
|
Term
| What type of law is the UCMJ? |
|
Definition
|
|
Term
| What must back Administrative law? |
|
Definition
|
|
Term
| Define administrative law |
|
Definition
| rules and regulations of governmental agencies. |
|
|
Term
| Three "titles" given to Statutory Laws? |
|
Definition
|
|
Term
| How many levels of court do States have? |
|
Definition
|
|
Term
| List the levels of State courts from highest to lowest. |
|
Definition
State Supreme Courts
First Level Appellate court(s)
General Jurisdiction Trial Courts |
|
|
Term
| List five examples of Statutory Laws: |
|
Definition
| Tucker Act, UCMJ, Military Claims Act, foreign Claims Act, Federal Tort Claims Act |
|
|
Term
| How is Administrative Law used? |
|
Definition
|
|
Term
| List five examples of Administrative Law. |
|
Definition
| OSHA, FDA, DoD, and Military (all three services)Regulations; The Common Rule. |
|
|
Term
| Schloendorff v. Society of the City of New York Hospital |
|
Definition
| established patient consent requirement in all circumstances except pertaining to the preservation of life or health when consent is unattainable. |
|
|
Term
|
Definition
| Prevents Service Members from suing the Government for injuries sustained while performing duties |
|
|
Term
|
Definition
-foundational case on informed consent
-Negligent tort
-re-emphasizes the 4 elements of information |
|
|
Term
|
Definition
| Contract law that states damages must be foreseeable. |
|
|
Term
| Matter of Fosmire v. Nicoleau |
|
Definition
-State Issue
-Re-emphasizes compelling 4 state interests |
|
|
Term
| What are the 4 States' Interests emphasized to the Matter of Fosmire v. Nicoleau |
|
Definition
(P3M)
-Preservation of life
-Prevention of Suicide
- Protection of Innocent 3rd parties
- Maintenance of ethical integrity of the Medical Profession |
|
|
Term
|
Definition
-foundation abortion law
-has three phases and three rulings |
|
|
Term
|
Definition
| -who funds and uses abortion facilities |
|
|
Term
| Characteristics of Criminal Law |
|
Definition
-No self-help
-Restrictions on liberty
-Beyond a Reasonable doubt
-Trial by jury guaranteed |
|
|
Term
| Characteristics of Civil Law |
|
Definition
-Individual harmed
-Self-help permitted (evidence collection, etc)
-Damages awarded
-Decided by a preponderance of evidence (less) or convincing evidence (more)
-limited right to trial by jury (usually bench trial) |
|
|
Term
| What are the three levels of "proof"? |
|
Definition
-Beyond a reasonable doubt - criminal (burdon of proof falls on accuser)
-Clear and Convincing evidence - civil
-A preponderance of evidence - civil |
|
|
Term
| What are the Civil Law sub categories? |
|
Definition
|
|
Term
|
Definition
| A non-contractual, civil wrong committed against a person or his property for which a court may award a remedy in damages |
|
|
Term
| Anatomy of a Civil Lawsuit: |
|
Definition
(CADTA)
Complaint
Answer
Discover
Trial
Appeal |
|
|
Term
|
Definition
| no jury, determination is made by judge alone |
|
|
Term
|
Definition
| a legally binding agreement to exchange mutual items of value between two parties |
|
|
Term
|
Definition
|
|
Term
| What is the difference between a gift and a contract? |
|
Definition
- gift has no expectation of return
-contract has consideration (both parties) |
|
|
Term
| Much of civil contract law is a matter of what? |
|
Definition
|
|
Term
| What regulation governs most of Government contract law? |
|
Definition
| FAR (Federal Acquisition Regulation) |
|
|
Term
| List the elements of a contract: |
|
Definition
| (CLOAC MF) 1. Competent Parties 2. Legal subject Matter 3. Offer 4. Acceptance 5. Consideration 6. Mutual Agreement *7. Formality (only sometimes) |
|
|
Term
| Define what constitutes a "competent party" as it pertains to contract negotiations: |
|
Definition
| sufficient mental state, legal age: ratification my be possible |
|
|
Term
| Define what constitutes a "legal subject matter" as it pertains to contract negotiations: |
|
Definition
| contract is not considered "legally binding" if any part of it is deemed illegal |
|
|
Term
| Define what constitutes an "offer" as it pertains to contract negotiations: |
|
Definition
must be sufficiently specific; an invitation to a deal
can be terminated prior to acceptance (must be communicated in same way as original offer) |
|
|
Term
| Define what constitutes an "acceptance" as it pertains to contract negotiations: |
|
Definition
| must mirror the offer (mirror image) or a counter offer |
|
|
Term
| Define "consideration" as it pertains to contract negotiations: |
|
Definition
| something of value for something of value |
|
|
Term
| When is consideration deemed "sufficient"? |
|
Definition
| when detrimental to he who gives/promises it and beneficial to him who receives/is promised it |
|
|
Term
| When is consideration deemed "insufficient"? |
|
Definition
preexisting duty
moral obligation only
promised thing occurred before the contract was recieved |
|
|
Term
| Define what constitutes "mutual aggreement" as it pertains to contract negotiations: |
|
Definition
| meeting of the minds as to the subject matter (talking about the same thing) |
|
|
Term
| What are the methods of contract classification? |
|
Definition
1. Formation
2. Enforceability
3. Performance (by stage) |
|
|
Term
| Define "implied" as it pertains to contracts: |
|
Definition
| at least one term is inferred from the conduct of the parties |
|
|
Term
| What is an implied-in-fact contract? |
|
Definition
| the obligation is based on conduct rather than on expressed agreement (actions over words) |
|
|
Term
| What is an implied-in-law contract (quasi-contract)? |
|
Definition
-legal fiction
-no mutual agreement
-quantum meruit
-based on unjust enrichment |
|
|
Term
| What is a "formal" contract? |
|
Definition
| complies with stated requirements, such as in writing |
|
|
Term
| What is an "informal" contract? |
|
Definition
| has no stated requirements of formality |
|
|
Term
| Three classifications by Enforceability: |
|
Definition
|
|
Term
| Objective theory of contracts: |
|
Definition
| the intent will be determined, in effect, by asking "what would a reasonable person have intended?" |
|
|
Term
| Rules of Interpretation (PCPAS): |
|
Definition
Plain/Common meaning
Conflicting Provisions
Parol evidence rule/exceptions
Rules against ambiguities
Rule of severability |
|
|
Term
| Assignment is defined as what? |
|
Definition
| The transfer of rights to a third person (sub-leasing) |
|
|
Term
| Delegation is defined how? |
|
Definition
| the transfer of obligations to a third party |
|
|
Term
| List the three contractual conditions: |
|
Definition
Conditions Precedent: must complete BEFORE execution of performance
Conditions of subsequent: performance can be terminated if not completed post-performance begining
Condition Concurrent: parties perform obligations at the same time. |
|
|
Term
| True or False: Conditions can be either implied or explicit? |
|
Definition
|
|
Term
| Two restrictions as it pertains to "Covenants not to Compete" or Restrictive Covenants? |
|
Definition
|
|
Term
| Define a "breach" as it pertains to contracts. |
|
Definition
| the nonperformance of a duty |
|
|
Term
| A Breach of contract may be any of the following: |
|
Definition
-material/major/ substantial
-minor
-anticipatory |
|
|
Term
| List acceptable defenses of a contract breach (PIES FFRRS): |
|
Definition
Performance
Impossibility
Elemental (contractual elements missing)
Sovereign Immunity
Frustration of performance
Frustration of purpose (reason for contract is no longer applicable)
Release
Res judicata (the thing has been decided)
Statute of Limitations (4-6 years) |
|
|
Term
| List the Remedies of a breached contract (R3SQD) |
|
Definition
| Rescission Restitution Reformation Specific Performance Quas-contract Damages |
|
|
Term
| Define "remedy" for breached contracts: |
|
Definition
| what a party receives to be made whole again |
|
|
Term
| What are the two most common remedies? |
|
Definition
| Damages and specific performance |
|
|
Term
|
Definition
| Designed to put the wronged individual in the position they would have been in had the contract been fully performed. |
|
|
Term
| What did the Hadley v. Baxendale ruling determine? |
|
Definition
| That damage must be foreseeable (reasonable), or there will be no damage awarded. |
|
|
Term
| Two types of Contract Damages: |
|
Definition
Compensatory (or ordinary)
Punitive |
|
|
Term
| Two types of compensatory damages: |
|
Definition
|
|
Term
| What is the aim of punitive damages? |
|
Definition
| To punish the offender and deter future individuals from doing the same. |
|
|
Term
| Name the three Special Areas of Contracts: |
|
Definition
Third party
Sales contracts
Government Contracts |
|
|
Term
| Define a Third Party contract: |
|
Definition
| individual repays a debt through indirect means, or service that holds equal or more value to the original consideration. |
|
|
Term
| Name two kinds of third-party beneficiaries |
|
Definition
Incidental beneficiary
Intended beneficiary |
|
|
Term
| What does the term "Waiver" mean? |
|
Definition
| a release of your legal right to sue. |
|
|
Term
|
Definition
| You can't change the rules after you have waived them for an extended period of time |
|
|
Term
| Which two cases dealt with the concept of "Contract to Cure"? |
|
Definition
Hawkins v. McGee - promised 100% restoration of broken body part; did not succeed, got sued.
Sullivan v. O'Connor - botched nose job that resulted in disfigured nose, when the promise was a "beautiful nose". |
|
|
Term
| List the three types of Torts: |
|
Definition
1. Strict Liability
2. Intentional Torts
3. Negligent torts (damage due to accident) |
|
|
Term
| Name the two conditions defining Torts of Strict Liability: |
|
Definition
1. Unleashing a dangerous instrumentality
2. Resulting in Harm |
|
|
Term
| Name the two parts of Intentional Torts: |
|
Definition
1. Intention to do the wrong
2. Not necessarily intending to harm, but know it's possible |
|
|
Term
| List the 8 types of Intentional Torts against Persons(BADDFIIO): |
|
Definition
1. Battery
2. Assault
3. Abandonment
4. Defamation
5. False Imprisonment
6. Intentional Infliction of Emotional Distress
7. Invasion of Privacy
8. Outrage |
|
|
Term
|
Definition
| touching without permission |
|
|
Term
|
Definition
| putting someone in fear of batter |
|
|
Term
| Give an example of Abandonment: |
|
Definition
| unilateral severence of the professional relationship between a doctor and a patient without reasonable notice, at a time where there is still necessity of continuing medical attention. |
|
|
Term
|
Definition
1. Libel (written)
2. Slander (verbal) |
|
|
Term
| Can false imprisonment be executed via verbal orders? |
|
Definition
|
|
Term
| Which is a greater offense, "Intentional Infliction of Emotional Distress" or "Outrage"? |
|
Definition
|
|
Term
| List the 4 elements of Negligent Torts (DINC) |
|
Definition
| 1. Duty 2. Injury 3. Negligent breach of duty (didn't breach on purpose) 4. Causation: negligent breach MORE than likely caused the injury |
|
|
Term
| List the 4 types of Intentional Torts against Property: |
|
Definition
| 1. Conversion 2. Fraud 3. Interference w/Contractual Relations 4. Trespass |
|
|
Term
| List 5 examples of Torts most commonly found in medical cases (FFFAB): |
|
Definition
| 1. Failure to consult 2. Failure to Refer 3. Failure to obtain informed consent 4. Abandonment 5. Breach of Confidentiality |
|
|
Term
| Name the 12 Defenses against Tort Claims (I TRAINN GRESS) |
|
Definition
1. Sovereign Immunity
2. Truth
3. Release
4. Assumption of Risk
5. Charitable Immunity
6. Comparative negligence (over 50%)
7. Contributory Negligence
8. Good Samaritan
9. Res judicata
10. Elemental
11. Satisfaction
12. Statute of Limitations |
|
|
Term
| Damages awarded in Tort Cases: |
|
Definition
Special damages
General Damages
Nominal Damages
Punitive Damages |
|
|
Term
| 5 examples "injuries" for which Special Tort Damages would be awarded (SLIMC) |
|
Definition
| Services in the home Loss of earnings Impairment of earning capacity Medical expenses Cost of repairs |
|
|
Term
| In Tort Cases how are "Special Damages" assessed? |
|
Definition
- Based on Objective Factors
- Awarded for economic loss |
|
|
Term
| It Tort Cases how are "General Damages" assessed? |
|
Definition
- based on subjective factors
- awarded for non-economic loss (i.e. pain, injury, etc.) |
|
|
Term
| 5 examples of "Injuries" for which "General damages" would be awarded (PPLVH): |
|
Definition
-Pain and Suffering
-Physical impairment
-Loss of use
-Visible scarring
-Hedonic |
|
|
Term
| For what are "Hedonic" damages meant to compensate? |
|
Definition
|
|
Term
| Characteristics of "Joint and Several Liability": |
|
Definition
-Found in multi-defendant litigation
-Damages are split by the defendants
-The injured party will be made whole, even when only one of the defendants has the assets to cover 100% of damages. |
|
|
Term
| Define "Medical Standard of Care": |
|
Definition
| to act as a reasonable and prudent person or physician would act under the same or similar circumstances. |
|
|
Term
| The "Standard of Care" best equates to which element of legally actionable negligence? |
|
Definition
|
|
Term
| Which case established the "National Professional Rule" as the appropriate application of the "Standard of Care" |
|
Definition
|
|
Term
| Two entities on which liability can fall: |
|
Definition
1. Individual
2. Corporate |
|
|
Term
| Define "Respondeat Superior" |
|
Definition
| "let the master answer"; makes the employer liable (vicarious liability) |
|
|
Term
| What does The Federal Tort Claims Act (aka "The tucker At") establish? |
|
Definition
| the principle of respondeat superior |
|
|
Term
| When is expert medical testimony needed? |
|
Definition
| When the situation is beyond the understanding of the average layman. |
|
|
Term
| Name 3 situations where expert medical testimony would likely not be required: |
|
Definition
1. infection
2. slight scarring
3. cases of "Res Ipsa Loquitur" |
|
|
Term
| Define "Res Ipsa Loquitur" |
|
Definition
| "the thing speaks for itself" - a layman would understand |
|
|
Term
| Name three conditions that would exist for situations applicable for Res Ipsa Loquitur: |
|
Definition
1. Event would not ordinarily occur absent negligence
2. Apparent/presumptive cause was within exclusive control of the defendant
3. No negligence on the part of the plaintiff |
|
|
Term
| List 4 Medical examples that would fall under "Res Ipsa Loquitur": |
|
Definition
1. Wrong limb or body part
2. Wrong patient
3. Explosion or fire
4. Foreign body left inside patient |
|
|
Term
| On what are Personal Injury Damages based? |
|
Definition
| The plaintiff's condition immediately prior to the negligent act. |
|
|
Term
| Explain the concept of Ostensible/Apparent Agency as it relates to Corporate Liability: |
|
Definition
| If an agent looks like or acts like an agent of the corporate entity, then that corporate entity has CIVIL liability. |
|
|
Term
|
Definition
1. Partially suspends sovereign immunity in torts and applies the principle of respondeat superior
2. Protects governmental agents and employees from personal liability, when acting within scope |
|
|
Term
| When does the FTCA apply? |
|
Definition
-In-scope negligent torts of agents and employees
-In the U.S. |
|
|
Term
| What are the tort rules under the FTCA? |
|
Definition
1. Two year S/L
2 Trial by judge alone
3 Trial in US. District Court
4. No feeral limit on damages
5. No punitive damages |
|
|
Term
| When does the FTCA NOT apply? |
|
Definition
1. Intentional torts, except of law enforcement officers
2. In foreign countries
3. Involving combatant activities
4. When it falls under Feres Doctrine |
|
|
Term
| What is the principle protection provided to the Government under the Feres Doctrine? |
|
Definition
| Not held liable under the FTCA for injuries to SMs when those injuries arose out of or were in the course of, activities within the scope of their Service |
|
|
Term
| To what two statutes does Feres apply? |
|
Definition
| FTCA and the Military Claims Act |
|
|
Term
| List the two-part rational behind the creation of Feres: |
|
Definition
a. a system of compensation already exists
b. necessary to maintain military discipline |
|
|
Term
| What are the five procedural steps to adjudicate a case under the FTCA? |
|
Definition
1. Claim
2. Settlement/Withdrawl/Suit
3. Decision
4. Appeal
5. Decision |
|
|
Term
| Name to two key (their sub-key) questions to determine the applicability of Feres: |
|
Definition
1. Is it incident to service? Within scope?
2. Is it connected to military privilege?
a. If an SM and acting within scope, then can't sue |
|
|
Term
| If an incident falls under the Feres protection (SM cannot sue), can his/her spouse, or anyone else sue on the SMs behalf? (derivative suit) |
|
Definition
|
|
Term
| How is the Miltary Claims Act different from the FTCA? |
|
Definition
It is Administrative Only |
|
|
Term
| Who is the Foreign Claims Act intended to protect? |
|
Definition
Foreign non-combatants who may have been harmed as a result of US military action in their country.
Protects the individual SM under the principle of Respondeat Superior |
|
|
Term
| Two sides of Informed Decision-Making |
|
Definition
Informed Consent
Informed Refusal |
|
|
Term
| Who said, "Every human being of adult years and sound mind has the right to determine what shall be done with his/her own body." |
|
Definition
| Judge Cardozo, Schloendorff case (1914) |
|
|
Term
|
Definition
| means consent sufficient to be legally binding - often called informed consent. |
|
|
Term
|
Definition
| used to mean acquiescence or agreement that is not legally sufficient |
|
|
Term
| Four Elements of Informed Consent: |
|
Definition
Decision-making Capacity
Information
Voluntariness
Agreement/Request |
|
|
Term
| Four Elements of Informed Refusal: |
|
Definition
Decision-making capacity
Information
Voluntariness
Refusal/declination |
|
|
Term
| Two requirements of Decision-making Capacity |
|
Definition
1. Legal Age
2. Mental Competence |
|
|
Term
| Three requirements of Mental Competence (TPC) |
|
Definition
| The ability to: -Take in information -To process information -To Communicate Information *some say "value-based" |
|
|
Term
| Required elements of "Information" (PRBA) |
|
Definition
1. Procedure
2. Risks
3. Benefits
4. Alternatives |
|
|
Term
| What is the leading case of informed consent? |
|
Definition
|
|
Term
| What did Canterbury v. Spence establish? |
|
Definition
a. Duty to disclose
b. Re-emphasizes the information required for informed consent (PRBA) |
|
|
Term
| Name the two Decision-making modalities: |
|
Definition
a. Patient's best interest
b. Surrogate's substituted judgment |
|
|
Term
| List the 5 situations where consent is not required (TTTEN): |
|
Definition
1. Therapeutic Privilege
2. Treatment ordered by a court -rare
3. Treatment required by law
4. Emergency - an individual cannot consent without substitute
5. Nonconsensual treatment permitted by law |
|
|
Term
| Which ethical principle relates most to the Right to Refuse Care? |
|
Definition
|
|
Term
| Name the four types of advanced directives: |
|
Definition
1. DNR orders (or DNI)
2. Durable Power of Attorney
3. Living Will
4. Physician's Orders regarding Life-sustaining Treatments (POLST) |
|
|
Term
| Name the three conditions for use of a Living Will: |
|
Definition
A terminal condition must exist
Takes effect once stated medical condition occurs
The patient relies on HCPs |
|
|
Term
| When does a durable POA take effect and what does it do? |
|
Definition
Takes effect upon loss of decision-making capacity
Employs a named agent
Grants decision-making power for ANY medical condition |
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Term
| Name five characteristics of a Power of Attorney |
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Definition
1. A creature of common law
2. Grant requires legal capacity
3. The attorney-in-fact must have legal capacity
4. becomes effective on the date stated
5. Becomes ineffective upon the grantor's incapacity |
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Term
| Name four characteristics of a Durable Power-of-Attorney |
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Definition
1. a creature of STATUTE
2. Grant requires legal capacity; effective receipt also requires legal capacity.
3. Becomes effective upon execution or the grantor's loss of decision-making capacity
4. Also called a "springing power of attorney" - springs into effect when person becomes incompetent and when person recovers, it becomes dormant. |
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Term
| Name the 7 required care for military members: |
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Definition
1. Emergency medical care - life or limb
2. Certain immunizations
3. Isolation and quarantine
4. Detention on closed wards
5. Medical care related to mental disorders
6. Diagnostic procedures
7. Physical examinations |
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Term
| What does PSDA stand for? |
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Definition
| Patient Self-Determination Act |
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Term
| Under which types of law does the PSDA fall? |
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Definition
| Statutory, Civil, and Public |
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Term
| PSDA applies what types of care for Medicare and Medicaid Patients? |
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Definition
1. Hospital
2. Nursing facilities
3. Home health care eorganizations
4. Hospices
5. HMOs |
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Term
| PSDA provides information about: |
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Definition
right to refuse care
right to execute advance directive
the institution's policies regarding such rights (how, when, etc) |
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Term
| PSDA covered organizations must: |
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Definition
comply with state law about advance directives
not condition care on execution or failure to execute an advance directive
educate staff and community about advance directives |
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Term
| What is TJC's role as it relates to the PSDA |
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Definition
| closes tracks PSDA compliance |
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Term
| Substituted Decision Making is for: |
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Definition
| Minors and Mentally Incompetent persons |
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Term
| The four state interests are pertaining to situations pertaining to what? |
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Definition
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Term
| List four death-related choices: |
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Definition
DNR/DNI
Durable POA
POLST
Living Will
Organ Donation |
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Term
| Whats the difference between death and dying? |
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Definition
dying is a process
death is a state |
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Term
| Name the 6 Harvard Criteria for Brain Death: |
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Definition
1. unreceptivity and unresponsivenss
2. no movement or breathing (1hr)
3. No reflexes
4. Flat electroencephalogram
5. body temp above 32C
6. Absence of CNS depression |
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Term
| Name the 5 Death truisms: |
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Definition
1. A person who is brain dead is dead
2. dead, legally, is dead
3. dead, medically, is dead
4. health care providers teat the living, not the dead
5. Patients are alive |
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Term
| What statues/regulations/ policies govern organ and tissue donation? |
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Definition
Uniform Anatomical Gift Act
State Laws
DoD Policy |
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Term
| Name differences between a coroner and medical examiner |
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Definition
coroner- less educated, does not need to be a doctor
medical examiner- more education (MD,Do), could be a forensic pathologist |
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Term
| Two types of autopsies (think autonomy) |
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Definition
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Term
| Which statutory law governs military autopsies? |
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Definition
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Term
| Who grants permission for autopsies? |
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Definition
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Term
| Considerations for military autopsies: |
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Definition
jurisdiction
status of the person
cultural/religious considerations |
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Term
| How is a commander's authority to authorize an autopsy limited? |
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Definition
Depends on jurisdiciton
NOT ABSOLUTE |
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Term
| Who should military leaders consult regarding autopsies? |
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Definition
Primary: Armed Forces Medical Examiner (AFME)
Secondary: JAG |
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Term
| Other problems arising from postmortem cases: |
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Definition
1. return of body parts
2. maintenance of laboratory specimens
3. setting up registries and the rules for their use
4. exhumations |
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Term
| Four govering regulations regarding Medical Research |
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Definition
Nürberg Code
Declaration of Helsinki
The Common Rule
COIMS/WHO Guidelines |
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Term
| Five main points of the Nürberg Code |
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Definition
1. Experiments must have Scientific Merit
2. Animal experimentation must be conducted first
3. There should be a reasonable risk-benefit ratio
4. Must have Qualified researchers
5. MUST have the informed consent of the subject |
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Term
| Difference between the Declaration of Helsinki and Nürberg Code" |
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Definition
Helsinki adds:
substituted consent
distinction between clinical research and non-clinical research
committee review of all protocols (IRB)
subject's right to privacy
accurate reporting of results |
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Term
|
Definition
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Term
| What are the three ethical principles established by the Belmont Report? |
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Definition
1. Respect for persons (autonomy)
2 Beneficence
3. Justice |
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Term
| What are the four functions of the Belmont Report: |
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Definition
1. establishes three ethical principles
2. Distinguishes research from medical practice
3. Addresses the need for simple language
4. Principle of double effect |
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Term
| What is the principle of Double Effect? |
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Definition
| permits the effection of harm when the harm is an indirect, unintended, or unforeseen. DOES NOT allow for intentional harm to be inflicted. |
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Term
| What does the Common Rule establish? |
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Definition
1. Rules for research in foreign countries
2. An IRB - Internal Review Board
3. Informed consent requirements
4. Establishes protected classes
5. Expedited review |
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Term
| What are the three protected classes under the Common Rule? |
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Definition
1. Incompetents
2. Pregnant women
3. Prisoners |
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Term
| 10 USC 980 requirements for research: |
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Definition
1. Informed consent of the subject
2. Research intended to be beneficial to the subject - consent of subject; or subject's legal representative
3. May be waived by SecDef "if" the project is necessary to the advancement of the armed forces |
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Term
| Requirements for medical research informed consent: |
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Definition
Project
Risks
Benefits
Extent of confidentiality |
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Term
| Four elements of research project required for informed consent: |
|
Definition
1. Purpose (why)
2. Duration (how long)
3. Procedures (how)
4. Number of Subjects (who) |
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Term
| List four phases of research: |
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Definition
0- very limited human subject exposure: not therapeutic or diagnostic
1- primarily toxicity; ssecondarily efficacy' maximum dosage' small, 20-80
2- effectiveness; side effects and toxicity
3- efficacy; risks-benefits; larger, several hundred - several thousand
4- post-marketing trial; risk, benefit, optimal use |
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Term
| Name the three learned professions subject to the Sherman Act: |
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Definition
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Term
| Name the four Privacy Interests: |
|
Definition
Physical and mental solitude
Personal information
Freedom from false publicity
Nmae or likeness |
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Term
| What is "freedom from false publicity" akin to? |
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Definition
| defamation - the hospital cannot publish a false story about patients |
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Term
| Name the four infringements of Privacy: |
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Definition
instrusion upon physicial or mental solitude or seclusion
public disclosure of private facts
"false light" publicity
appropriation of name likeness |
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Term
| What does "The protective privilege ends where the public peril begins" mean? Who said it? |
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Definition
Tarasoff (1976)
Requires providers to "warn" people of potential public threat over patient privacy. |
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Term
| What does FOIA stand for? |
|
Definition
| Freedom of Information Act |
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Term
|
Definition
| mandates the public availability of government data |
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Term
| Are personnel and medical files exempt from FIOA? |
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Definition
|
|
Term
| FOIA request characteristics: |
|
Definition
Reasonable fees
Local release
Denial by IDA
Appeal process
Fines |
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Term
| Privacy Act is designed to do what? |
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Definition
| To let individuals know what information government maintains about them; to allow individuals to correct erroneous information' to keep the information from those to whom it does not pertain. |
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Term
| Who owns the medical record? |
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Definition
| the custodian: hospital, HMO, etc. |
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Term
| What two rights to patients have regarding their medical record? |
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Definition
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|
Term
| List three "parts" of the Privacy Act: |
|
Definition
1. let individuals know what information the government maintains about them
2. allow individuals to correct erroneous information
3. keep the information from those to whom it does not pertain. |
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Term
|
Definition
|
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Term
| What does HIPAA NOT create? |
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Definition
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|
Term
| Name the two types of sexual harassment: |
|
Definition
| quid pro quo and hostile work environment |
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Term
| What three things did The Fair Labor Standards Act address? |
|
Definition
1. minimum wage
2. overtime payments
3. child labor |
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Term
| Name six Protected classes: |
|
Definition
Race
Religion
Ethnicity
Gender
Age
Disability |
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Term
| LIst three of the Douglas Factors: |
|
Definition
nature of offense
the employee's job level
the employee's past record of discipline |
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Term
| List the three exceptions to the Equal Pay Act of 1963: |
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Definition
Seniority system
Merit system
System which measures earnings by quantity or quality of production |
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Term
| What is the "most far-reaching and significant of all anti-discrimination statutes? |
|
Definition
| Title VII of the Civil Rights Act of 1964 |
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Term
| What is the difference between "Disparate Treatment" and "Disparate Impact"? |
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Definition
Treatment =intentional
Impact = unintentional |
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Term
| What does the four-fifths rule dictate? |
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Definition
| that discrimination occurs if the selection (promotion or placement) is less than 80% of the selection rate for another group |
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Term
| Who enforces the Employment Act of 1967? |
|
Definition
| Equal Employment Opportunity Commission |
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|
Term
| Who does the Employment Act of 1967 protect? |
|
Definition
| men and women 40 years of age or older |
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Term
| 4 key acts of avoiding discrimination: |
|
Definition
1. Read and comply with all EEO laws
2. Treat all employees fairly and treat equals equally
3. Take immediate corrective action when informed of actual or potential discriminatory employee conduct
4. Apprise employees on an immediate basis when their work is marginal or poor |
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Term
| The main concept of Douglas factors: |
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Definition
| Treat every discipline from a "whole-person" perspective; much like we do UCMJ as commanders. |
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Term
| What was the main takeaway from the Matter of Quinlan? |
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Definition
| NJ right to die case - extraordinary means" vs "ordinary means" of preserving life |
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Term
| What two cases dealt with the 14th amendment's equal protection clause as it relates to Physician-Assisted Death? |
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Definition
Vacco v. Quill
Washington v Glucksberg |
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Term
| Which case proclaimed, "the protective privilege ends where the public perils begin"; duty to perform? |
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Definition
| Tarasoff v. Regents University of California |
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Term
| Which anti-trust case established that learned professions are subject to the Sherman Act? |
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Definition
| Goldfarb v. Virginia State Bar |
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Term
| Which case established that the Sherman Act was NOT intended to restrain state action or official action directed by the state? |
|
Definition
|
|
Term
|
Definition
1. Challenged conduct must be clearly expressed as state policy
2. Must be actively supervised by the state. |
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