Pod Law

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Author:
Anonymous
ID:
284584
Filename:
Pod Law
Updated:
2014-09-30 23:30:03
Tags:
Podiatry law
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Description:
Pod Law exam questions
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  1. Different kinds of insurance polices (make sure you always compare them) - An occurrence insurance policy does not provide insurance coverage for any treatment or surgery you performed on a patient
    False
  2. Written permission by a patient's guardian is required before a patient's medical record is sent to a 3rd party
    true
  3. states statue require podiatrist to retain medical records for a mandated period of time after 7 years from the date of the last medical service rendered
    True
  4. A patient has a right to access medical records and attain photo copies without the use of a subpoena
    True (make sure when giving a copy to your patient you copy both sides.  You should not alter a chart, but go through the chart and make sure it is complete
  5. Punitive damages (a claim to punish the doctor, never covered by any insurance company/policies) are generally not covered by insurance and used by a plaintiff to attempt to collect portions of the doctor's asset
    True
  6. Business arrangements with lab imaging facilities or clinics which provide payment for each visit by patient, are fair or permissible by law
    Falso
  7. The use of maintenance and safety precautions for office radiology are not regulated by state law, and at discretion of the individual podiatrist based on individual training
    False
  8. Doctrine of informed consent depends on negligence
    False (it's a battery claim)
  9. The parent's role in medical decision making for for their children is not absolute
    • True
    • Ex. some religions do not believe in blood transfusion; thus, they do not want their daughter who is dying to get a blood transfusion
  10. In group practice, through a partnership each general partner is liable for the conduct of any other partner or employee of the corporation (are you responsible for their conduct?)
    True
  11. Do you have to tell your patient of all the reasonable alternative procedure you are performing
    True (yes); you have to tell your patient that there are some risks you have no control over
  12. It is required that you obtain informed consent in an emergency situation
    No, false
  13. Is a mentally disturbed patient able to give informed consent?
    Yes, true
  14. Is the doctrine of informed consent based on battery?
    Yes, true
  15. If you do not obtain informed consent are you responsible for any and all damages that the patient may suffer from a procedure
    Yes, true
  16. The 2-year statute of limitations for a 5-year old patient does not start until the patient reaches the age of 18
    true
  17. the two year statute of limitation for a 5-year old patient does not start until
    The child turns18
  18. discovery rule
    when you should have known or could have known there is a negligent act; ex. podiatrist who performs surgery on the wrong foot
  19. A contingent fee (lawyer says you want to sue x, if you recover and we get a verdict, I will get 40% after expenses of what we recover) exists in medical malpractice case, where the fee is based on the successful outcome at the conclusion of the case
    True
  20. A deposition involves a collection of testimony of party or witness not taken under oath put in front of a court before a trial begins
    False, a deposition is under oath
  21. Legal documentation filed in a lawsuit which contained complaints, preliminary objection and answers are called pleadings
    True
  22. Based on legal principle of vicarious liability, a podiatrist's employee cannot ever expose that podiatrist to liability for non-negligent actions of the employee
    false
  23. A causal relationship must be established between the doctor's breaches standard of care; Need negligence and causation
    True
  24. In medical malpractice cases, based on the res ipsa loquitur theory (the thing speaks for itself), the plaintiff must produce expert testimony
    false
  25. Alternative risks and complications in which a reasonably proven patient would require necessary to make an informed decision does not include every possible remote fact or outcome of surgery
    True
  26. Statute of limitations provide that a person cannot normally proceed unless started within a certain time period
    True
  27. Inserting a surgical device or appliance such as a screw or pin does not need a patient's informed consent
    False
  28. Administration of medication is not normally considered a treatment for which podiatrists need to gain consent
    True
  29. The discovery process in litigation includes getting medical records, taking deposition, and answering questions.
    True
  30. An arbitration is a legal process in which damages for malpractice cases must be less than or equal to 50k and decided by the power of 3 attorneys, have an automatic right to appeal
    True
  31. A summons contains a brief chronology of the patients's treatment and alist the reasons why the doctors being sued, does not talk about anything regarding the case...
    Question #3 is false no matter what (because there is a typo)
  32. In PA, podiatrists can be notified of a lawsuit which contains allegations of negligence
    True
  33. Podiatrist must be concerned that any civil litigation may become public knowledge, via the newspaper
    True
  34. Criminal medical malpractice a plaintiff proves their case beyond a reasonable doubt for a jury
    True
  35. Standard of care applicable to a podiatrist that must exercise a degree of care...
    True
  36. Plaintiff has burden of proof in a podiatry malpractice action
    true
  37. Burden of proof in a civil malpractice requires a plaintiff to prove beyond a reasonable doubt
    False, that applies to criminal
  38. Alleged negligent conduct of a podiatrist may consist to act or a duty to act, when there is a duty to do so
    True
  39. If a patient is more than 50% comparatively negligent in a civil malpractice action, the jury will not give monetary reward to the plaintiff
    True
  40. A physician's decision to utilize 1 or 2 or more of accepted methods of treatment for a patient cannot serve as a basis for finding negligence in PA (2 school of thought)
    True
  41. A podiatrist may only prescribe those medication which are permitted by the PA state statue on administration and prescription drugs
    True
  42. Type of advertising allowed for podiatrists is regulated by state statute
    True
  43. The doctrine of informed consent only applies to surgical procedures
    False (it addresses battery)
  44. A claims made insurance policy with the same claims carrier only covers the doctor for treatment and policy period and filed in the court within that policy period
    True, anytime you see claims-made the answer is true

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