Healthcare law exam
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PLEASE ANSWER NO MORE 3 SENTENCE.
1. What level of intent is required for strict liability, negligence and intentional torts/
2. Consent for treatment is presumed during
3. Describe vicarious liability and its potential application to a health care prover.
4. Damage that cannot be easily quantified, such as pain and suffering, are referred to as Non-Economic Damage
5. The duty of a hospital emergency department to evaluate all patients who enter is codified in what federal law? EMTALA
6. Describe the difference in proof required in civil and criminal cases
7. Programs promoting legal compliance and corporate integrity among health care entities are called
8. The prime advantage of incorporation is
9. Other than the anti-fraud provisions, what are the major components of HIPPA?
10. Facilities that violate federal statues for emergency treatment can be banned from participating in the Medicare program. This consequences is called
11. Doctors who are independent contractors may still be considered employees of a hospital through the doctrine of
12. In Hill v. Ohio County, you reviewed the case of a plaintiff who has refused admission to the hospital and later died. Would this case be decided differently today? Why or why not?
13. The President of the United States represents which of the three branches of the federal government?
14. The federal agency responsible for promoting the welfare of wage earners and improving working conditions for employee is called the
15. List three differences between the Anti-Kickback Statue and the Stark Law
16. A method resolving disputes at a hearing before an impartial referee without involving the court system is called
17. True or False. As long as there is no private gain or profit, promotion of health is usually considered a valid charitable purpose in itself
18. State laws that shield first responders provider from liability for extending aid at an emergency scene are called
19. True or False. A court reviewing use of tying arrangements by a competitior is likely to apply the Rule of Reason analysis.
20. An offer to do something for free does not usually result in the formation of a contract because the offer lacks
21. To be effective, consent given by a patient for a medical procedure or surgical intervention must be
22. When a private whistle blower files a claim on behalf of the government for fraud or abuse, it is called a (n)
23. True or False. A single action cannot give rise to both a crime and a tort.
24. List three things that should be included in an informed consent
25. True or False. Many states require hospitals to maintain emergency care facilities or arrange for such care as a condition of licensing.
26. As found in Tarasoff a doctor has a duty to use to protect persons threatened by a patient’s condition
27. A charitable corporation is a subset of a(n) corporation
28. The federal government’s primary statute in dealing with fraud and abuse is the
29. When a patient lacks capacity and no advance directive, doctors and family members try to make decision that the patient would have made if she/he able to make decisions. The doctrine is called
30. True or False. In a medical malpractice action based in negligence, a physician is held to a reasonable person standard, unless the mechanism of injury is commonly understood.
31. A ( n) is a court order directing that a certain act be performed or not performed.
32. The model state law that addressed paternity support, genetic testing and related issues is the
33. The practice of health facility refusing to treat or transferring patients who are uninsured and unable to pay for medical care is called
34. Briefly describe the doctrine of res ipsa loquitur and its potential relevance to medical liability
35. The two fundamental requirements for a Sec. (501)(3) federal tax exemption are charitable purpose and no
36. Most malpractice cases are based on the legal theory of
37. When the law disregards the corporate form and places liability on owners of the corporation, this is known as.
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