MOA110_W2_assn_01152024

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Fortis Institute, Lawrence Township *

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105

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Law

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Feb 20, 2024

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Chapter 3 Legal Principles Tort Law 1. Explain the “reasonable person” standard and how it can determine negligent acts. The reasonable person standard is used to see if someone acted with negligence. It compares one’s actions with the actions of a “reasonable person”. If one’s actions are deemed to be not up to the standard of a “reasonable person” said actions can be considered negligent. 2. Describe the negligent acts of malfeasance, misfeasance, and nonfeasance. MALFEASANCE – INTENTIONALL PERFORMING AN ILLEGAL ACT MISFEASANCE – NEGLIGENTLY PERFORMING A LAWFUL ACT NONFEASANCE – FAILURE TO PERFORM AN ACT THAT SHOULD HAVE BEEN DONE 3. Describe when medical malpractice occurs. When an error in diagnosis, treatment, surgical procedures, or medications take place. 4. How does medical malpractice differ from negligence? Medical malpractice is when a healthcare provider doesn’t provide the quality of care that’s expected, causing injury to the patient. 5. Describe “standard of care.” The level of care that a reasonable healthcare professional would provide. A benchmark to determine if a provider acted negligently. 12. Discuss how the provider’s and the medical assistant’s roles are similar and yet different in terms of standard of care. Healthcare providers have more expertise and more authority in decision making while an MA plays a crucial role in supporting care for patients. They both must follow the standard of care but remain in their scope of practice. 21. Describe the two types of alternative dispute resolution. Mediation - involves a neutral third party helping the parties reach a mutually acceptable agreement. Arbitration – involves a neutral third party making a binding decision after hearing both sides. 23. Describe the four “Ds” or four elements that must be proven in malpractice cases. DUTY - healthcare professional’s obligation to provide standard of care to the patient. Dereliction – healthcare professional breached that duty, failing to meet standard of care. Direct cause – establishes that the breach of duty caused harm or injury to the patient. Damages – the harm or injury suffered by the patient as a result of the healthcare professional’s negligence. 26. Describe res ipsa loquitur and when it is used. Res Ispa Loquitur is Latin for “the thing speaks for itself”. It’s a legal doctrine used in cases where negligence is so obvious it can be deduced without direct evidence. It applies when the injury or event would not have occurred in the absence of negligence. 29. Describe general liability or commercial liability insurance.

Commercial liability insurance provides coverage for businesses in case of third-party claims for bodily injury, property damage, or other damages, or personal injury. Protects businesses from financial losses due to legal costs, medical costs, or damages caused by negligence or accidents. Contracts 1. Describe the difference between implied contracts and expressed contracts. Implied contracts are created through the actions and conduct of the patients involved. Expressed contracts are formed when the terms and conditions are clearly communicated in writing or verbally. Both are legally binding. 2. Describe the statute of frauds and give three types of contracts to which it applies. A legal requirement that certain contracts must be in writing to be enforced. Applies for sale of land contracts, contracts for the sale of goods over a certain value, and contracts that cannot be completed within a year. 3. Describe the five elements required for a legally binding contract. An offer, an acceptance, consideration, legal subject matter, and competency/capacity. 4. Name three conditions related to competency and capacity that would invalidate a contract. Intoxication, signs of being under the influence of drugs, or being underage. 5. Name four benefits of becoming an emancipated minor. An emancipated minor can make their own healthcare decisions. They can also earn income and apply for public benefits. They can also sue if need be. 6. List three reasons providers terminate the provider-patient relationship. The is moving, the patient is not paying for services, or patients’ behavior has become an issue. 7. Describe the process of terminating the provider-patient relationship. The provider must notify the patient in writing of withdrawal of care, give the patient 15-30 days to find a new provider, send a termination letter, place a copy of the termination letter in the patients records, and inform the staff of the patients termination. 8. Providers can be charged with patient abandonment if they do not follow the proper termination procedure. 9. How can a medical assistant protect the provider from charges of patient abandonment? By making sure all the proper steps and procedures are taken and followed to demonstrate the provider acted responsibly and ethically in ending the provider-patient relationship. 10. List three ways breach of contract can occur in healthcare. If the provider fails to provide agreed upon medical services or not sticking to terms of payment. If the patient fails to fulfill their obligations by not paying or following the treatment plan. Or if either party fails to fulfill their obligations or comply with the contract. 12. List five types of patients who can give informed consent. Patients who are of legal age or have legal authority to make healthcare decisions, patients who are mentally competent, patients who have the capacity to understand the information given to them,

patients who are sober and not under the influence, and patients who are not coerced or manipulated into giving consent. 13. List four types of patients who cannot give informed consent. Patients who are not under the influence of substances that impair informed decision-making, patients with cognitive and mental disabilities that have impaired decision-making abilities, minors, those who lack the capacity to understand the information. 14. Describe the medical assistant’s role in informed consent. The MA ensures that the patients understand the treatment/procedure. They explain risks and alternatives. Answer any questions the patient has and make sure to have any documents signed by the patient and placed in their medical record. Patient’s Bill of Rights 1. Summarize the Patient’s Bill of Rights. It outlines the rights and protections the patient has in healthcare. The right to receive medical information on their condition, the right to make decisions in regard to their healthcare, privacy, access to their medical records, the right to timely care, the right to voice complaints, and the right to be treated with respect. 2. A patient refuses an injection of medication ordered by the provider. Describe the steps that need to be followed by the medical assistant. Do not give the patient the injection. Make a note in the patients record that they refused the injection. Inform the provider so alternate treatments can be considered. Chapter 4 Healthcare Laws Privacy and Confidentiality 1. Describe privacy and an invasion of privacy. Privacy is the right of an individual to control the access and use of their personal information. Invasion of privacy happens when someone’s personal information is accessed, shared, or disclosed without their consent in a way that violates their reasonable expectation of privacy. 2. Healthcare professionals have a duty to maintain the confidentiality of patients. Describe what this means in your own words. It means respecting a patient’s privacy and not sharing their information. 3. If your state’s confidentiality laws are stricter than the federal laws, the state laws need to be followed. This is known as precedence. Health Insurance Portability and Accountability Act 2. Describe the following components of HIPAA.

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