Define the term law and describe the sources from which law is derived

• All answers must be typed, double-spaced, page numbered.• You must repeat the question you are answering before you answer the question.• Every exam is an English exam; grammar, spelling and sentence structure will be included in grading your answers. All answers must be in full sentences. You cannot simply list bullets.• You must use clear examples to show that you understand the question and the answer. All examples must be health care examples.• All answers must come from the textbook and you must cite textbook material using APA method only. For these examinations, you are required to put in page numbers.• You must identify each exam with your full name.• You cannot use a font smaller than 12 points.

1.

1. Define the term law and describe the sources from which law is derived.2. Define the legal terms precedent, res judicata, stare decisis, original jurisdiction, and appellate jurisdiction and give a clear example.3. Describe the objectives of tort law4. Discuss the distinctions among negligent torts, intentional torts, and strict liability5. What elements must be proven in order to be successful in a negligence suit? Illustrate your answer with a case (the facts of the case can be hypothetical).6. Describe the defenses often used in a products liability case7. Why has health care fraud been so costly to the nation8. Discuss why the courts often consider medical staff bylaws a contract9. Describe the kinds of evidence that a plaintiff can present in order to establish a negligent act10. What defenses can a defendant present in order to refute a plaintiff’s evidence?11. What is a sentinel Event12. Discuss the process of conducting a root-cause analysis

2.

1. Describe the organization, responsibilities, duties, and legal risks of a governing body.2. Describe the meaning of the legal doctrine respondeat superior.3. Why is the Darling case described as a benchmark case?4. Does the legal doctrine respondeat superior apply to an independent contractor? Explain your answer5. Discuss the importance of delineating clinical privileges6. What, if any, sanctions should be imposed upon an on-call physician who fails to respond to such call when requested? Discuss your answer.7. Describe what options a hospital has in disciplining a disruptive physician. What effect can a physician’s disruptive behavior have on patient care?8. Is a poor outcome always an indication of a negligent act? Explain.9. Describe how the scope of nursing is changing10. Describe the various medication errors that can occur in the administration of medications.11. What was the reasoning for enacting the Emergency Medical Treatment and Active Labor Act?12. Should medical advice be dispensed on the telephone? Explain your opinion.13. What are the basic purposes of the medical record?14. Discuss the advantages and disadvantages of computer-generated medical records.15. Who should be responsible for reviewing with the patient the risks, benefits, and alternatives of a proposed diagnostic test or treatment?16. Why is it important to obtain consent from a patient prior to proceeding with a risky procedure17. Can a parent refuse to consent to a lifesaving procedure for his or her child? Discuss your answer18. Describe the significance of the Patient Self-Determination Act.19. What are the differences between allowing a patient to die and physician-assisted suicide

 

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