HPM310 Final Exam Study Set
With Complete Solution
Issues of care at the end of life will be governed by the laws of.. ? - Answer The
individual states. However, federal law plays a role in these issues.
What are the reasons federal law would play a role in end of life care? - Answer - There
might be a federal constitutional right to refuse treatment. But, such a constitutional
right would not necessarily override a state's law that imposes conditions on refusal of
treatment.
- Federal law requires some healthcare facilities to inform patients of rights. Federal
involvement is a statute enacted by Congress as part of the Medicare law.
-Federal law attempts to discourage PAS (even if allowed by state law). Assisted Suicide
Funding Restriction Act, (ASFRA) Congress has prohibited the use of federal funds in
connection with assisted suicide.
Doctrine of informed consent - Answer The right of informed consent is more than just
the right to be fully informed-- it is the right to consent or, more importantly, the right to
refuse to give one's consent.
Give specific examples of how society governs individuals' treatment - Answer -state
governments have authority to require people to be vaccinated against communicable
diseases
-Also, federal law prohibits people from selling one of their kidneys -- affects interstate
commerce
What if the patient cannot make a decision or communicate a decision? - Answer -In
some circumstances, the law allows consent to medical treatment to be given by
someone other than the patient. Ex. off life support
-In some states, courts make a "substituted judgment" for the patient (by trying to
determine what the court thinks the patient would have wanted).
-However, other courts take a different approach and try to determine what would be in
"the best interest of the patient."
-The best evidence of one's desires is an advance directive (a will).
Gonzales v. Oregon - Answer - A case of statutory interpretation of the federal
Controlled Substances Act.
-The U.S. Supreme Court agreed with Oregon, and held that federal officials may not
penalize physicians who comply with Oregon law.
,Legal framework for abortion - Answer Roe v. Wade and Casey
-Constitution protects a woman's right to make her own decision about abortion before
viability.
-Therefore, a state government may not prohibit abortion before the point of viability.
-However, after the point of viability, a state may prohibit abortion, except when it is
necessary to preserve the life or health of the mother.
-A state may prohibit abortion after viability even if the pregnancy was the result of rape.
The fault-based U.S. system fails to meet what goals? - Answer -It fails to meet the goal
of fair compensation (like a lottery)
-It fails to meet the goal of deterrence (under claiming not over claiming)
-It fails to promote patient safety and improve quality of care
-It increases health care costs
-It distorts policy debates by incentivizing powerful stakeholder groups
What is the effect of making
malpractice a political issue? - Answer Instead of relying on valid data, many
governments adopted laws which were designed to further partisan agendas and
advance the financial interests of stakeholder groups.
What are "Small-scale" reforms? - Answer -reducing the statute of limitations to file a
claim;
-eliminating joint-and-several liability;
-changing the "collateral source" rule; and
-putting a "cap" (a maximum limit) on damages.
Advantages of no-fault system - Answer -more fair because it compensates more injured
patients.
-more efficient because it handles disputes in less time and at lower cost.
-less antagonistic because the patient does not need to prove negligence. BUT has to
prove causation
-has the potential to improve patient safety and quality of care because more data will
be collected, and because no-fault could help to change the culture of medicine.
What are the goals of law of medical malpractice? - Answer -Compensation (providing
monetary damages to injured patients or their families)
, -Deterrence (improving the quality of care by getting rid of "bad" providers and causing
other providers to be very careful).
The tort of negligence requires
proof of four elements - Answer Duty
Breach of duty
Causation
Damages
Define "duty" - Answer -Doctors have a duty to their patients to meet the "standard of
care."
-Duty to reasonably disclose the risks
-The "standard of care" is the treatment which is routinely provided by similar doctors,
in the same or similar communities, under similar circumstances.
Define "Breach of Duty" - Answer -The plaintiff must prove that the doctor failed to meet
the standard of care in diagnosing or treating the patient.
- Can result in battle of the experts
Define "Causation" - Answer -The plaintiff must prove that the doctor's breach of duty
was the cause of the injury.
-If the same injury or death would have occurred anyway, the plaintiff cannot prove the
element of "causation."
Define "Damages" - Answer The plaintiff must prove that the patient suffered damages -
economic loss and uneconomic loss
Vicarious liability (respondeat superior) - Answer Under a legal doctrine known as
respondeat superior, organizations may be held vicariously liable for the negligent acts
of their employees or agents who are acting within the scope of their employment
Ostensible agent - Answer Even if a physician is not actually an employee or agent of the
organization, a court might hold the organization vicariously liable under the doctrine of
ostensible agency.
Corporate negligence - Answer Such as the hospital's duty to exercise reasonable care
in permitting physicians to treat patients at that hospital
A claim for lack of informed consent is based on what? - Answer the law of negligence
-In a claim for lack of informed consent, however, a plaintiff is not required to prove that
the diagnosis or treatment was performed in a negligent manner (as is required in other
negligence cases).
With Complete Solution
Issues of care at the end of life will be governed by the laws of.. ? - Answer The
individual states. However, federal law plays a role in these issues.
What are the reasons federal law would play a role in end of life care? - Answer - There
might be a federal constitutional right to refuse treatment. But, such a constitutional
right would not necessarily override a state's law that imposes conditions on refusal of
treatment.
- Federal law requires some healthcare facilities to inform patients of rights. Federal
involvement is a statute enacted by Congress as part of the Medicare law.
-Federal law attempts to discourage PAS (even if allowed by state law). Assisted Suicide
Funding Restriction Act, (ASFRA) Congress has prohibited the use of federal funds in
connection with assisted suicide.
Doctrine of informed consent - Answer The right of informed consent is more than just
the right to be fully informed-- it is the right to consent or, more importantly, the right to
refuse to give one's consent.
Give specific examples of how society governs individuals' treatment - Answer -state
governments have authority to require people to be vaccinated against communicable
diseases
-Also, federal law prohibits people from selling one of their kidneys -- affects interstate
commerce
What if the patient cannot make a decision or communicate a decision? - Answer -In
some circumstances, the law allows consent to medical treatment to be given by
someone other than the patient. Ex. off life support
-In some states, courts make a "substituted judgment" for the patient (by trying to
determine what the court thinks the patient would have wanted).
-However, other courts take a different approach and try to determine what would be in
"the best interest of the patient."
-The best evidence of one's desires is an advance directive (a will).
Gonzales v. Oregon - Answer - A case of statutory interpretation of the federal
Controlled Substances Act.
-The U.S. Supreme Court agreed with Oregon, and held that federal officials may not
penalize physicians who comply with Oregon law.
,Legal framework for abortion - Answer Roe v. Wade and Casey
-Constitution protects a woman's right to make her own decision about abortion before
viability.
-Therefore, a state government may not prohibit abortion before the point of viability.
-However, after the point of viability, a state may prohibit abortion, except when it is
necessary to preserve the life or health of the mother.
-A state may prohibit abortion after viability even if the pregnancy was the result of rape.
The fault-based U.S. system fails to meet what goals? - Answer -It fails to meet the goal
of fair compensation (like a lottery)
-It fails to meet the goal of deterrence (under claiming not over claiming)
-It fails to promote patient safety and improve quality of care
-It increases health care costs
-It distorts policy debates by incentivizing powerful stakeholder groups
What is the effect of making
malpractice a political issue? - Answer Instead of relying on valid data, many
governments adopted laws which were designed to further partisan agendas and
advance the financial interests of stakeholder groups.
What are "Small-scale" reforms? - Answer -reducing the statute of limitations to file a
claim;
-eliminating joint-and-several liability;
-changing the "collateral source" rule; and
-putting a "cap" (a maximum limit) on damages.
Advantages of no-fault system - Answer -more fair because it compensates more injured
patients.
-more efficient because it handles disputes in less time and at lower cost.
-less antagonistic because the patient does not need to prove negligence. BUT has to
prove causation
-has the potential to improve patient safety and quality of care because more data will
be collected, and because no-fault could help to change the culture of medicine.
What are the goals of law of medical malpractice? - Answer -Compensation (providing
monetary damages to injured patients or their families)
, -Deterrence (improving the quality of care by getting rid of "bad" providers and causing
other providers to be very careful).
The tort of negligence requires
proof of four elements - Answer Duty
Breach of duty
Causation
Damages
Define "duty" - Answer -Doctors have a duty to their patients to meet the "standard of
care."
-Duty to reasonably disclose the risks
-The "standard of care" is the treatment which is routinely provided by similar doctors,
in the same or similar communities, under similar circumstances.
Define "Breach of Duty" - Answer -The plaintiff must prove that the doctor failed to meet
the standard of care in diagnosing or treating the patient.
- Can result in battle of the experts
Define "Causation" - Answer -The plaintiff must prove that the doctor's breach of duty
was the cause of the injury.
-If the same injury or death would have occurred anyway, the plaintiff cannot prove the
element of "causation."
Define "Damages" - Answer The plaintiff must prove that the patient suffered damages -
economic loss and uneconomic loss
Vicarious liability (respondeat superior) - Answer Under a legal doctrine known as
respondeat superior, organizations may be held vicariously liable for the negligent acts
of their employees or agents who are acting within the scope of their employment
Ostensible agent - Answer Even if a physician is not actually an employee or agent of the
organization, a court might hold the organization vicariously liable under the doctrine of
ostensible agency.
Corporate negligence - Answer Such as the hospital's duty to exercise reasonable care
in permitting physicians to treat patients at that hospital
A claim for lack of informed consent is based on what? - Answer the law of negligence
-In a claim for lack of informed consent, however, a plaintiff is not required to prove that
the diagnosis or treatment was performed in a negligent manner (as is required in other
negligence cases).
