Week 2 Assignment Worksheet (1) KG

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Fortis Institute, Lawrence Township *

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Law

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Jan 9, 2024

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Chapter 3 Legal Principles Tort Law 1. Explain the “reasonable person” standard and how it can determine negligent acts. _ ______Compare actions to how a reasonable person would’ve acted in the same situation if a person actions fall below standards they might be considered negligent.__________________________________________________________________________ __________________________________________________________________________________ ___ 2. Describe the negligent acts of malfeasance, misfeasance, and nonfeasance. _Malfeasance refers to intentionally performing a wrongful or illegal act, while misfeasance refers to negligently performing a lawful act. Nonfeasance, on the other hand, refers to the failure to perform a duty or act that should have been done.________________________________________________________________________________ ________________________________________________ 3. Describe when medical malpractice occurs. Medical malpractice occurs when a healthcare professional, such as a doctor or nurse, fails to provide the standard of care expected in their profession, resulting in harm or injury to a patient.It can include errors in diagnosis, treatment, medication, or surgical procedures____________________________________________________________________________ _____________________________________________________________________________________ _________ 4. How does medical malpractice differ from negligence? ______________________________________________________Medical malpractice is a specific type of negligence that occurs when a healthcare professional fails to meet the standard of care expected in their profession, resulting in harm or injury to a patient. While negligence is a broader term that encompasses any failure to exercise reasonable care, medical malpractice specifically refers to negligence in the context of healthcare____________________________________________________________________________ ________________________________________ 4. Describe “standard of care.” The "standard of care" refers to the level of care and skill that a reasonable healthcare professional would provide in a similar situation. It serves as a benchmark to determine whether a healthcare provider acted negligently or not. _____________________________________________________________________________________ _____________________________________________________________________________________ 12. Discuss how the provider’s and the medical assistant’s roles are similar and yet different in terms of standard of care.

____Both healthcare providers and medical assistants have a responsibility to adhere to the standard of care. While healthcare providers, such as doctors, have a higher level of expertise and decision-making authority, medical assistants play a crucial role in supporting patient care. They must also follow the standard of care within their scope of practice and ensure that tasks assigned to them are performed with competence and attention to patient safety _____________________________________________________________________________________ _________________________________________________________________________________ 21. Describe the two types of alternative dispute resolution. Alternative dispute resolution (ADR) refers to methods of resolving legal disputes outside of traditional litigation. The two main types of ADR are mediation and arbitration. Mediation involves a neutral third party helping the parties reach a mutually acceptable agreement. Arbitration, on the other hand, involves a neutral third party making a binding decision after hearing both sides of the dispute. Both methods offer alternatives to going to court and can be more cost-effective and efficient _____________________________________________________________________________________ _____________________________________________________________________________________ 23. Describe the four “Ds” or four elements that must be proven in malpractice cases. In malpractice cases, the four "Ds" or elements that must be proven are duty, dereliction, direct cause, and damages. Duty refers to the healthcare professional's obligation to provide a standard of care to the patient. Dereliction means that the healthcare professional breached that duty by failing to meet the standard of care. Direct cause establishes that the breach of duty directly caused the patient's injury or harm. Lastly, damages refer to the actual 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 ipsa loquitur is a Latin term that means "the thing speaks for itself." It is a legal doctrine used in certain cases where the negligence is so obvious that it can be inferred without direct evidence. It applies when the event or injury wouldn't have occurred, and the defendant had control over the situation. It can be used in medical malpractice cases when the patient experiences an injury or harm that wouldn't occur in the absence of negligence.

_____________________________________________________________________________________ _____________________________________________________________________________________ 29. Describe general liability or commercial liability insurance. _________________________________________________Commercial liability insurance, also known as general liability insurance, provides coverage for businesses in case of third-party claims for bodily injury, property damage, or personal injury. It helps protect businesses from financial losses due to legal expenses, medical costs, or damages caused by accidents or negligence. It is an essential insurance coverage for businesses to safeguard against potential liabilities and ensure their financial stability _____________________________________________________________________________________ ____________________________________ Contracts 1. Describe the difference between implied contracts and expressed contracts. _________Implied contracts and expressed contracts differ in how they are formed. Implied contracts are created through the actions and conduct of the parties involved, rather than being explicitly stated in writing or verbally. Expressed contracts, on the other hand, are formed when the terms and conditions are clearly and explicitly communicated either in writing or verbally. Both types of contracts are legally binding, but their formation and evidence may vary. _____________________________________________________________________________________ ____________________________________________________________________________ 2. Describe the statute of frauds and give three types of contracts to which it applies. ______________________________________________________________________The statute of frauds is a legal requirement that certain contracts must be in writing to be enforceable. It applies to contracts involving the sale of land, contracts that cannot be completed within one year, and contracts for the sale of goods over a certain value (such as those governed by the Uniform Commercial Code). _____________________________________________________________________________________ _______________ 3. Describe the five elements required for a legally binding contract. _____________________________________________________________________________________ _____________________________________________________________________________________

4. Name three conditions related to competency and capacity that would invalidate a contract. _____________________________________________________________________________________ _____________________________________________________________________________________ 5. Name four benefits of becoming an emancipated minor. _____________________________________________________________________________________ _____________________________________________________________________________________ 6. List three reasons providers terminate the provider-patient relationship. _____________________________________________________________________________________ _____________________________________________________________________________________ 7. Describe the process of terminating the provider-patient relationship. _____________________________________________________________________________________ _____________________________________________________________________________________ 8. Providers can be charged with _______________________ if they do not follow the proper termination procedure. 9. How can a medical assistant protect the provider from charges of patient abandonment? A medical assistant can protect the provider from charges of patient abandonment by ensuring that proper termination procedures are followed, such as providing written notice, allowing for a reasonable transition period, and ensuring continuity of care. This helps demonstrate that the provider acted responsibly and ethically in ending the provider-patient relationship. _____________________________________________________________________________________ _____________________________________________________________________________________ 10. List three ways breach of contract can occur in healthcare. Three ways breach of contract can occur in healthcare include when a healthcare provider fails to fulfill their obligations outlined in a contract with a patient, such as not providing agreed-upon medical services or not adhering to the terms of payment. Another way is when a patient fails to fulfill their obligations, such as not paying for services rendered or not following the agreed-upon treatment plan. Finally, breach of contract can occur if either party fails to comply with any other terms and conditions specified in the contract. _____________________________________________________________________________________ _____________________________________________________________________________________ 12. List five types of patients who can give informed consent. Patients who can give informed consent include those who have the capacity to understand the relevant information, patients who are of legal age or have the legal authority to make healthcare decisions,

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