Question

8. Describe the following types of insurance: a. liability, b. professional (malpractice),c. personal injury. (X.C.8) 9. Identify: a. Health Information Technology for Economic and Clinical Health (HITECH) Act, b. Genetic Information Nondiscrimination Act of 2008 (GINA), c. Americans with Disabilities Act Amendments Act (ADAAA). (X.C.10) 10. Describe compliance with public health statues: a. communicable diseases, b. abuse, neglect, and exploitation, c. wounds of violence. (X.C.12) 11. Define the following medical legal terms: a. informed consent, b. implied consent, c. expressed consent, d. patient incompetence, c. emancipated minor, f. mature minor, g. subpoena duces tecum, h. respondent superior, i. re ipsa loguitor, j. locum tenens, k. defendant-plaintiff, 1. deposition, m. arbitration-mediation, n. Good Samaritan Laws. (X.C.13)

Answer 1

8.

a. Liability insurance is defined as the Insurance that protects the policyholder against any damage or injuries he may cause to another party. Liability insurance always Always indemnifies a third party, never the insured. Liability insurance covers only the insured or organizations that are listed as insured in the policy.

b. Malpractice is defined as providing improper or unprofessional treatment or care that results in injury to another person; Committed/omitted by a professional; Often interchangeable with negligence.

Elements of malpractice include:

• Duty
• Breach of Duty
• Causation
• Damages

Malpractice insurance :

• Will cover: injury or damage resulting from a medical incident
• Won't cover: willful violation of a statute (4-03 A) scope

e.g. unsupervised student or SNA admin meds; charting false findings

c. PIP stands for personal insurance protection (personal injury protection), and it is an extension of car insurance that covers medical expenses and, in many cases, lost wages. It is often called “no-fault” coverage because its inherent comprehensiveness pays out claims agnostic of who is at fault in the accident.

9.

a. HITECH act is created to promote the adoption and meaningful utilization of electronic health records by physicians and hospitals. The goal of HITECH is not just to put computers into physician offices and on hospital wards, but rather to use them toward five goals for the US healthcare system: improve quality, safety and efficiency; engage patients in their care; increase coordination of care; improve the health status of the population; and ensure privacy and security. As such, every criterion in meaningful use (e.g., drug-drug interaction checking) must tie back to a healthcare goal (e.g., improve quality, safety and efficiency).

b. Genetic Information Nondiscrimination Act of 2008 (GINA) is federal legislation that provides a baseline level of protection against genetic discrimination for all Americans. The law was needed to help ease concerns about discrimination that might keep some people from getting genetic tests that could benefit their health. The law also enables people to take part in research studies without fear that their DNA information might be used against them in health insurance or the workplace.

c. Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act"). The Act emphasizes that the definition of disability should be construed in favour of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.

The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

10.

a. Communicable diseases are an infectious disease transmissible (as from person to person) by direct contact with an affected individual or the individual's discharges or by indirect means (as by a vector). Administrative regulations that describe which communicable diseases are to be needed to identify the communicable diseases and that illness is included in the list of diseases officially reportable in the particular outbreak periods i.e., the physician initiates the report in compliance with custom or regulation.

b. Abuse, Neglect and Exploitation are the very uneasiness cases we should have to report it very soon and needed to treat these cases as an emergency and need a good counselling to the victims to prevent from going into a deteriorating condition and make them to compliance with the treatment and other measures.

c. If a victim suffers an injury caused by domestic violence we have to take into consideration as a priority and treat it well and as well as prepare a written report and submitted in favour to protect them and report in compliance with custom or regulation.

11.

a. Informed consent means a decision made by or for a patient after being informed about the proposed procedures, risks, benefits, and alternatives to the proposed treatment.

b. Implied consent. An agreement that is made through inference by signs, inaction, or silence.

c. Express consent is permission for something that is given specifically, either verbally or in writing. Express consent contrasts with implied consent, which is an assumption of permission that is inferred from actions on the part of the individual.

d.Incompetence can be defined as the patient must not be competent/ not having autonomous capacity to make medical decisions.

e. Emancipated minor: a person younger than 18 years of age who is free of parental care and is financially responsible for himself or herself.

f. Mature minor: a person, usually younger than 18 years of age, who possess sufficient understanding and appreciation of the nature and consequences of treatment despite chronological age

g.  A subpoena duces tecum usually required that a person deliver the specific items to the court where the case was taking place.

h. Respondeat superior: a doctrine in tort law that makes a master liable for the wrong of a servant

i. Res Ipsa loquitur is a doctrine that infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved.

j. Locum tenens is a  person who stands in temporarily for another member of the same profession, especially for a physician, chemist, or clergyman

k. The plaintiff is the person who is filing the suit. The person being sued is the defendant.

l. Deposition :

Medical malpractice: A testimony obtained under oath from a witness or expert outside of court which can be subsequently used in a criminal or civil action Metabolic diseases The accumulation of crystallizable nonmetabolizable material in certain organs

m.  Arbitration is an alternative means of settling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in order to avoid the expense, delay, and acrimony of litigation.

Mediation is an informal process where an impartial third-party, the mediator, helps the disputing parties find a mutually satisfactory solution to their issue.

n. Good Samaritans are protected from liability claims or legal actions as a result of their assistance is important for ensuring that people are not afraid to render assistance to strangers when required to do so. As a result, many jurisdictions around the world have Good Samaritan laws.