CPMSM Cards With Complete Solutions Latest Update
Boyd vS Albert Einstein - ANSWER Doctrine of Ostensible Agency - HMO found liable in
patient's death. Chest perforation during breast biopsy, chest pain/MI six weeks later.
Elam vS CollegePark - ANSWER Doctrine of Corporate Negligence - Med Records had
information on many lawsuits agains podiatrist
Patrick vs Burget - ANSWER Anticompetitive Peer Review - Led to development of
HCQIA
Gonzales vs Nork & Mercy Hospital - ANSWER Hospitals owe patients a duty of
care-laminectomy, negligently performed. MD had history of unnecessary or negligent
surgeries
Webman vs Little Company of Mary - ANSWER Duty to credential-application denied
when physician refused to authorize prior hospital to release information.
Mahmoodian vs United - ANSWER Disruptive behavior - hospital can revoke otherwise
competent physician's privileges when disruptive behavior adversely affects patient
care.
Darling vs Charleston - ANSWER End of Doctrine of charitable immunity - Patient lost leg
due to improper casting. Hospitals are independently responsible for monitoring and
supervising care provided.
Mathews vs Lancaster - ANSWER HCQIA - Burden on physician to prove bad faith peer
review. Committee including competitors found sub-standard care by Surgeon
Hongsathavij vs Qeen of Angels - ANSWER Governing Body is ultimate authority - Board
,overturned hearing committee recommendation to reinstate call panel membership.
Osooki vs Fountain Valley - ANSWER Failure to disclose - Ophthalmologist did not
disclose all prior hospital affiliations on application.
Bell vs Sharp - ANSWER Negligent Credentialing - Hospital liable for failure to request
data from another hospital regarding its summary suspension of practitioner.
Rao vs Auburn - ANSWER Personality may be considered. Physician denied privileges
after reports from other hospitas on termination/restriction of privileges. Personality
may be considered.
Harrell vs Total Health Care - ANSWER The Managed Care Organization in this case was
not held liable for negligent credentialing because State law granted immunity to
non-profit health.
McClellan vs HMO Pennsylvania - ANSWER Ostensible Agency - MCO found liable for
providers action due to negligent credentialing.
Robinson vs Magovern - ANSWER MD filed anti-trust suit against hospital when his
application was denied. Court ruled that a hospital may restrain competition if the
medical staff carefully adheres to objective criteria, bylaws and policies.
Miller vs Eisenhower - ANSWER Application denial was solely for physician's inability to
work with others. No quality of care issues identified. Disruptive behavior under these
facts must constitute a genuine threat to quality of medical care.
AHRQ ANSWER Agency for Healthcare Research and Qualtiy 1989
AHRQ ANSWER An agency within DHHS established in 1989 to improve quality,
appropriateness and effectiveness of US Healthcare
, Medicare Program ANSWER Established by an amendment to the Social Security Act in
1965
SMDA ANSWER Safe Medical Device Act of 1990
HCQIA ANSWER Provides immunity from liability for damages from good-faith peer
review
Conditions of Participation - ANSWER Federal regulations relating to Medicare and
Medicaid
The Federal Register - ANSWER Contains details of proposed and recently passed
federal regulations and Presidential executive orders
Ostensible Agency - ANSWER Liability based on appearance of control
Administrative Law - ANSWER Rules made by state and federal agencies to carry out
statues and regulatory requirements.
Common Law - ANSWER Judge's decisions that determine the outcome of litigation.
1789 - ANSWER U.S. Constitution went into effect.
27 - ANSWER The number of amendments in the Constitution
15 days - ANSWER Adverse action reports must be sent to state llicensing boards within
Statutory Law - ANSWER Legislation passed by Congress
Boyd vS Albert Einstein - ANSWER Doctrine of Ostensible Agency - HMO found liable in
patient's death. Chest perforation during breast biopsy, chest pain/MI six weeks later.
Elam vS CollegePark - ANSWER Doctrine of Corporate Negligence - Med Records had
information on many lawsuits agains podiatrist
Patrick vs Burget - ANSWER Anticompetitive Peer Review - Led to development of
HCQIA
Gonzales vs Nork & Mercy Hospital - ANSWER Hospitals owe patients a duty of
care-laminectomy, negligently performed. MD had history of unnecessary or negligent
surgeries
Webman vs Little Company of Mary - ANSWER Duty to credential-application denied
when physician refused to authorize prior hospital to release information.
Mahmoodian vs United - ANSWER Disruptive behavior - hospital can revoke otherwise
competent physician's privileges when disruptive behavior adversely affects patient
care.
Darling vs Charleston - ANSWER End of Doctrine of charitable immunity - Patient lost leg
due to improper casting. Hospitals are independently responsible for monitoring and
supervising care provided.
Mathews vs Lancaster - ANSWER HCQIA - Burden on physician to prove bad faith peer
review. Committee including competitors found sub-standard care by Surgeon
Hongsathavij vs Qeen of Angels - ANSWER Governing Body is ultimate authority - Board
,overturned hearing committee recommendation to reinstate call panel membership.
Osooki vs Fountain Valley - ANSWER Failure to disclose - Ophthalmologist did not
disclose all prior hospital affiliations on application.
Bell vs Sharp - ANSWER Negligent Credentialing - Hospital liable for failure to request
data from another hospital regarding its summary suspension of practitioner.
Rao vs Auburn - ANSWER Personality may be considered. Physician denied privileges
after reports from other hospitas on termination/restriction of privileges. Personality
may be considered.
Harrell vs Total Health Care - ANSWER The Managed Care Organization in this case was
not held liable for negligent credentialing because State law granted immunity to
non-profit health.
McClellan vs HMO Pennsylvania - ANSWER Ostensible Agency - MCO found liable for
providers action due to negligent credentialing.
Robinson vs Magovern - ANSWER MD filed anti-trust suit against hospital when his
application was denied. Court ruled that a hospital may restrain competition if the
medical staff carefully adheres to objective criteria, bylaws and policies.
Miller vs Eisenhower - ANSWER Application denial was solely for physician's inability to
work with others. No quality of care issues identified. Disruptive behavior under these
facts must constitute a genuine threat to quality of medical care.
AHRQ ANSWER Agency for Healthcare Research and Qualtiy 1989
AHRQ ANSWER An agency within DHHS established in 1989 to improve quality,
appropriateness and effectiveness of US Healthcare
, Medicare Program ANSWER Established by an amendment to the Social Security Act in
1965
SMDA ANSWER Safe Medical Device Act of 1990
HCQIA ANSWER Provides immunity from liability for damages from good-faith peer
review
Conditions of Participation - ANSWER Federal regulations relating to Medicare and
Medicaid
The Federal Register - ANSWER Contains details of proposed and recently passed
federal regulations and Presidential executive orders
Ostensible Agency - ANSWER Liability based on appearance of control
Administrative Law - ANSWER Rules made by state and federal agencies to carry out
statues and regulatory requirements.
Common Law - ANSWER Judge's decisions that determine the outcome of litigation.
1789 - ANSWER U.S. Constitution went into effect.
27 - ANSWER The number of amendments in the Constitution
15 days - ANSWER Adverse action reports must be sent to state llicensing boards within
Statutory Law - ANSWER Legislation passed by Congress
