CHSE 117 Health Law Exam with
Accurate Solutions
List the three branches of US government and what their unique power is provided to
each branch - ANS-Legislative Branch: represent the public, the Senate and the House
of Representatives, THEY CREATE LAWS
Executive Branch: present of the USA. EXECUTES THE LAWS
Judicial Branch: settle disputes about the law and to make sure that both the
government and society adhere to the law. INTERPRETS LAWS
Explain what the common law is and how it is used in the US - ANS-law developed by
judges through court decisions rather than through a legislature. Today, in the United
States only some aspects of civil common law remain. The courts have specifically
ruled that criminal common laws can no longer be utilized or applied. Today, the
common law is only used when no legislative laws cover a particular problem or the
current laws are found to be inadequate.
Describe the difference between criminal laws and civil laws - ANS-civil law: a law that
covers the rights and remedies of individuals, dispute between individuals
Criminal law: law that includes as punishment, the possibility of the offender being sent
to jail or prison is classified as a crime.
When given a civil law subcategory, identify how healthcare is impacted by that law
subcategory - ANS-Administrative Law: Administrative agencies grant licenses and set
rules for the delivery of healthcare. Government agencies, which are covered by
administrative law, provide disability payments which healthcare plays an essential role
in.
Family Law: Family law can influence which parent has authority to provide consent for
a child's operation or procedures. Some aspects of family law can dictate which family
member can speak for patients who may be unable to speak for themselves, such as
patients who are in a coma and need further care.
Pg 19 for all of them
List the steps involved in a civil lawsuit - ANS-A Wrong or Injury Occurs
The Wrong or Injury Is Discovered
The Lawsuit Is Filed
, The Involved Parties Are Notified (Notice/Service of Process)
A Pretrial Conference Occurs
The Lawsuit Proceeds to Trial
Compare and contrast the different alternative dispute resolution methods - ANS-
arbitration: a process using a neutral, unbiased third party to make a final decision
about a dispute
- binding arbitration, the parties are agreeing to be bound to the decision of the
arbitrator.
- Nonbinding arbitration means that neither side has to accept the decision of the
arbitrator. Instead, they can either agree to accept the decision of the arbitration or
reject it.
mediation: a process using a neutral party who gets the parties to work together to
resolve their differences
Describe the different types and categories of damages allowed by the courts - ANS-
Types of Damages:
physical damages
mental/emotional damages
financial damages
Damage Categories:
Compensatory Damages: compensatory damages are provided to reimburse an amount
of money that the plaintiff has already paid or will be required to pay.
Consequential Damages: Consequential damages are harms that are not a direct result
of the injury but a consequence of the harm.
Punitive Damages: punish the tortfeasor for their wrongful acts,
send a message to others to let them know that if they act similarly, they can face the
same or potentially more serious punishment, and provide the person wronged an
amount of money that more than makes up for the injuries that were sustained, because
the harm that was caused was so intolerable that the person should not have suffered in
the first place.
Compare and contrast negligence and malpractice - ANS-Negligence
- duty is determined by judge
- breach includes Malfeasance, Misfeasance, Nonfeasance, and Reasonable Person
Standard
- damages can be Compensatory, consequential and punitive. Compensatory damages
include
Physical, Mental/Emotional. Financial. Consequential damages include Physical,
Mental/Emotional, Financial (most common). Punative is on its own.
Accurate Solutions
List the three branches of US government and what their unique power is provided to
each branch - ANS-Legislative Branch: represent the public, the Senate and the House
of Representatives, THEY CREATE LAWS
Executive Branch: present of the USA. EXECUTES THE LAWS
Judicial Branch: settle disputes about the law and to make sure that both the
government and society adhere to the law. INTERPRETS LAWS
Explain what the common law is and how it is used in the US - ANS-law developed by
judges through court decisions rather than through a legislature. Today, in the United
States only some aspects of civil common law remain. The courts have specifically
ruled that criminal common laws can no longer be utilized or applied. Today, the
common law is only used when no legislative laws cover a particular problem or the
current laws are found to be inadequate.
Describe the difference between criminal laws and civil laws - ANS-civil law: a law that
covers the rights and remedies of individuals, dispute between individuals
Criminal law: law that includes as punishment, the possibility of the offender being sent
to jail or prison is classified as a crime.
When given a civil law subcategory, identify how healthcare is impacted by that law
subcategory - ANS-Administrative Law: Administrative agencies grant licenses and set
rules for the delivery of healthcare. Government agencies, which are covered by
administrative law, provide disability payments which healthcare plays an essential role
in.
Family Law: Family law can influence which parent has authority to provide consent for
a child's operation or procedures. Some aspects of family law can dictate which family
member can speak for patients who may be unable to speak for themselves, such as
patients who are in a coma and need further care.
Pg 19 for all of them
List the steps involved in a civil lawsuit - ANS-A Wrong or Injury Occurs
The Wrong or Injury Is Discovered
The Lawsuit Is Filed
, The Involved Parties Are Notified (Notice/Service of Process)
A Pretrial Conference Occurs
The Lawsuit Proceeds to Trial
Compare and contrast the different alternative dispute resolution methods - ANS-
arbitration: a process using a neutral, unbiased third party to make a final decision
about a dispute
- binding arbitration, the parties are agreeing to be bound to the decision of the
arbitrator.
- Nonbinding arbitration means that neither side has to accept the decision of the
arbitrator. Instead, they can either agree to accept the decision of the arbitration or
reject it.
mediation: a process using a neutral party who gets the parties to work together to
resolve their differences
Describe the different types and categories of damages allowed by the courts - ANS-
Types of Damages:
physical damages
mental/emotional damages
financial damages
Damage Categories:
Compensatory Damages: compensatory damages are provided to reimburse an amount
of money that the plaintiff has already paid or will be required to pay.
Consequential Damages: Consequential damages are harms that are not a direct result
of the injury but a consequence of the harm.
Punitive Damages: punish the tortfeasor for their wrongful acts,
send a message to others to let them know that if they act similarly, they can face the
same or potentially more serious punishment, and provide the person wronged an
amount of money that more than makes up for the injuries that were sustained, because
the harm that was caused was so intolerable that the person should not have suffered in
the first place.
Compare and contrast negligence and malpractice - ANS-Negligence
- duty is determined by judge
- breach includes Malfeasance, Misfeasance, Nonfeasance, and Reasonable Person
Standard
- damages can be Compensatory, consequential and punitive. Compensatory damages
include
Physical, Mental/Emotional. Financial. Consequential damages include Physical,
Mental/Emotional, Financial (most common). Punative is on its own.
