H441: FINAL EXAM REVIEW SHEET
CHAP. 23:
Occurrence policy:
• provides protection only for claims that occur during the life of insurance
policy, even after it was cancelled.
Claims-made policy:
• provides coverage for only those claims instituted during the policy period
Self-insurance:
• insurance of oneself or one’s interests by maintaining a fund to cover
possible losses rather than by purchasing an insurance policy
CHAP. 17:
ADA and AIDS
• ADA- American Disability Act: 15 or more employees
• Two Questions:
o Can the Plaintiff do the job with reasonable disability?
o Can the employer accommodate Plaintiff without undue hardship?
• AIDS: persons with HIV, both symptomatic and asymptomatic, have
physical impairments that substantially limit one or more major life
activities or major bodily functions and are, therefore, protected by the law
Federal Rehab Act and AIDS
• Section 504 prohibits health and human service providers or organizations
that get Federal funds/assistance from discriminating against you because
you are living with HIV/AIDS
• Only applies to federal employees and federal contractors
Application of M.S. Hershey Med. Center
• Doe was a resident who cut his hand with a scalpel and with uncertainty as
to whether his blood was transferred to the patient, he agreed to an HIV
test which tested positive. He removed himself from practice. 168 patients
fell into category and the Court of Common Pleas alleged that there was a
compelling need to disclose information regarding Doe‘s condition to those
patients who could have been exposed. Court issued order for selective
release of information.
o provide name to residents and physicians who he had been in
contact with
o letter to patients at risk
o setting forth relevant period of service
Barrier precautions
• Gowns
• Face shields
• Gloves
• Red sharps box (for needles)
Liability theories for HIV transmission
• Tort of Negligence-Assume that knew your status and you failed to tell your
partner
• Battery – unwanted touching of a sexual matter
• Misrepresentation- lied to partner about having HIV
CHAP. 18:
In Re. Quinlan
• involved young woman, facts not totally clear, some people believe she was
taking illegal drugs, some people think she was getting ready to go on
spring break and she was dieting and not eating very much and took some
prescription drugs and interacted with alcohol and she tripped and fell and
hit her head on a concrete step and she went into a coma because of drugs
