HCAD 750 MODULE 7 COMPLETE SOLUTION

HCAD 750 MODULE 7 COMPLETE SOLUTION 1. What are the four sources of laws governing Americans?: The four sources of law governing Americans are common law, statutory law, constitutional law, and administrative law. 2. What types of cases are typically heard in the federal court system?: Cases typically heard in federal courts include federal crimes such as racketeering and bank robbery, constitutional issues, and civil actions in which the parties do not live in the same state. 3. Which court is the court of last resort in the United States legal system?- : The court of last resort is the US Supreme Court 4. What are the two most common types of civil cases experienced in health- care?: The two most common types of civil cases in healthcare are torts and contracts 5. In a court, who is the trier of fact?: The trier of fact is the judge or the jury 6. What is the result of a civil trial called?: The result of a trial is called a verdict or judgment 7. What types of cases are covered by criminal laws?: Crimes that are wrongful acts against public health, safety, and welfare are covered by criminal laws 8. What are the roles of prosecutor and defendant in a criminal case? Who has the burden of proof?: The prosecutor in a criminal case is the attorney who, on behalf of the government, prosecutes an accused for a crime; the defendant is the person or group accused in a criminal or civil court action. The prosecutor has the burden of proving the charges against the defendant. 9. What are the possible outcomes of a criminal case?: The defendant may plead guilty and be sentenced to probation or imprisonment and/or pay a fine or may plead not guilty, which results in a trial. The trial can result a verdict of either guilty or not guilty. If found not guilty, the charges are dismissed. If found guilty, the defendant will be sentenced to probation or imprisonment and/or be required to pay a fine. The defendant has the right to appeal. 10. What are the three categories of tort liability? From which category do most healthcare cases arise?: The three categories of torts are negligent torts, intentional torts, and product liability. Most healthcare cases arise form negligent torts. 11. What is the definition of a negligent tort?: Negligence results when a person does not act as a reasonably prudent person would act under the same circum- stances. A negligent tort may result from a person committing an act or failing to act as a reasonably prudent person would or would not in the given circumstances. Typically, negligence is careless conduct that is outside the generally accepted standard of care. 12. What are the four elements of negligence?: The four elements of negligence are the duty to use due care, the breach of the duty to use due care, the injury (harm) that occurred, and the conduct that caused the injury/harm. 13. How might false imprisonment occur in a hospital?: Through the inappro- priate use of restraints or the refusal to allow a patient to leave. 14. What defenses are available to a defendant accused of defamation of character?: Truth and privilege are the available defenses to a defendant accused of defamation of character. 15. Privacy is difficult to achieve in a healthcare setting. However, courts will hold healthcare providers liable for what type of invasion of privacy: Health- care providers may be held liable for a negligent disregard for patients' right to privacy 16. What is a contract?: A contract is an agreement, whether written or oral, that, in most cases, is legally enforceable through the US legal system. 17. What action must occur for a contract case to arise?: A contract case arises when there is a breach of an agreement. This means that one party charges the other with failing to meet one or more of the obligations in the contract. 18. What are the two types of information collected in the health record? Discuss what information constitutes each type.: The two types of information collected in the health record are demographic and clinical. The demographic in- formation includes, among other items, the patient's name, sex, age, insurance in- formation, and th