Torts
False spoken statement damaging reputation.
What is slander?
First element of negligence.
What is duty?
Protects patient privacy.
What is HIPAA?
Employer liability doctrine.
What is respondeat superior?
A patient signs a consent form for a skin biopsy. Before the procedure begins, the patient withdraws consent. The provider proceeds anyway.
Question:
What tort has most likely occurred?
What is battery?
False written statement damaging reputation.
What is Libel
Failure to meet standard of care.
What is breach?
Protects workers from workplace hazards.
What is OSHA?
Intentional deception for gain.
What is fraud?
An MA receives a phone call from someone claiming to be a patient's spouse and requesting laboratory results. The spouse's identity cannot be verified.
Question:
What should the MA do?
What is...
Do not release the information until identity and authorization are verified according to office policy and HIPAA requirements.
Threat of harmful contact.
What is assault?
Patient harm.
What is damages?
Requires emergency treatment regardless of ability to pay.
What is EMTALA?
Court order requiring testimony.
What is subpoena ad testificandum?
A provider delegates a task to an MA that is prohibited under state law. The MA knows the task is outside their scope of practice but performs it anyway.
Question:
Can the MA be held legally responsible?
What is...
Yes. Following a provider's order does not eliminate the MA's responsibility to practice within their legal scope.
Actual harmful contact.
What is battery?
Link between breach and injury.
What is causation?
Protects individuals with disabilities.
What is ADA?
Court order requiring documents.
What is subpoena duces tecum?
A patient sues after a medication error. During the trial, evidence shows the medication dosage was documented incorrectly, the error directly caused injury, and damages occurred.
Question:
Which element of negligence was proven by showing the injury resulted from the medication error?
What is causation?
Unauthorized disclosure of patient information.
What is breach of confidentiality?
Doctrine meaning "the thing speaks for itself."
What is res ipsa loquitur?
Federal law regulating controlled substances.
What is controlled substances act?
Legal age to provide consent in most situations.
What is age of majority?
A physician owns a diagnostic imaging center and refers Medicare patients there. The physician also receives financial bonuses from the imaging center based on the number of referrals generated.
Question:
Identify two federal laws that may have been violated.
What is...
A provider fails to review abnormal laboratory results because the report was misfiled by office staff. The patient experiences a delayed diagnosis and files a malpractice lawsuit.
Question:
Explain how the doctrine of respondeat superior could apply and identify all potentially liable parties.
What is...
Respondeat superior may hold the employer responsible for the actions of employees acting within the scope of employment.