Deck 6: The Medical Malpractice Lawsuit and the Trial Process

Question 1

When the defendant shows that the plaintiff's actions or inaction was a contributing factor in the damages, this is considered:

A) ordinary negligence.
B) negligence.
C) comparative negligence.
D) straight negligence.

Answer 1

C
In this form of defense, the defendant shows that the actions or inaction of the plaintiff was a contributing factor in the damages that were incurred. For example, suppose a patient suffers from complications from a surgical procedure that resulted in damages or further injury, but the patient did not follow up with the physician or notify the physician immediately that there was a problem; then the lack of follow-up by the plaintiff was partially responsible for the damages.

Question 2

If a physician and patient need a controlled, structured setting, they may wish to try which of the following?

A) Mediation
B) Negotiation
C) Arbitration
D) Communication

Answer 2

C
Arbitration is the process of resolving issues in conflict in a more structured setting like formal litigation.

Question 3

Which is a way to resolve conflicts using alternative dispute resolution?

A) Negotiation
B) Mediation
C) Arbitration
D) All of the above

Answer 3

D
Ways to resolve conflicts through alternative dispute resolution include negotiation, mediation, arbitration, and communication.

Question 4

The process by which a neutral third party facilitates dispute resolution is called:

A) mediation.
B) negotiation.
C) arbitration.
D) communication.

Question 5

In this type of defense, the medical record plays the largest part of the defense.

A) Affirmative
B) Emergency care
C) Assumption of risk
D) Good Samaritan

Question 6

Which is a patient's compensation for injuries that he or she has sustained?

A) Medical
B) Emotional
C) Financial
D) None of the above

Question 7

Awards that are intended to punish are considered:

A) compensatory.
B) punitive.
C) nominal.
D) none of the above.

Question 8

Which situation does not illustrate determination of the existence of a duty that has been breached?

A) A physician mistakenly removes healthy ovaries from a 23-year-old patient.
B) A radiology technician is reprimanded more than 5 times in writing regarding his inability to perform his job accurately.
C) A physician's liability insurance has been canceled 12 times.
D) A nurse performs within the scope of her duties.

Question 9

What term is used to describe the amount of time a plaintiff has after an injury to file a lawsuit?

A) Statute of limitations
B) Discovery rule
C) Release of tortfeasor
D) Respondeat superior

Question 10

Damages for financial losses based on actual income and expenses are called:

A) punitive.
B) nominal.
C) compensatory.
D) none of the above.

Question 11

What are the four elements needed in a negligence case?

A) Consent, dereliction of duty, direct cause, damages
B) Denial, direct cause, liability, damages
C) Duty, dereliction of duty, direct cause, damages
D) Duty, direct cause, liability, damages

Question 12

"The thing speaks for itself" is called:

A) res ipsa loquitur.
B) respondeat superior.
C) res judicata.
D) duces tecum.

Question 13

What is the term for failure to use or not use the same care as used by a reasonably prudent person?

A) Negligence
B) Malpractice
C) Abuse
D) Battery

Question 14

An individual's responsibility for his or her conduct for failure to meet a standard of care is called:

A) strict liability.
B) product liability.
C) liability.
D) straight liability.

Question 15

"Let the master answer" is:

A) res ipsa loquitur.
B) respondeat superior.
C) res judicata.
D) duces tecum.

Question 16

Which of the following students might be guilty of ordinary negligence?

A) The student explains a procedure to a patient using a patient information sheet as a prompt.
B) The student draws blood from the patient for lab tests to be performed that day, though no one told her directly to do so.
C) The student eats an orange while talking with a patient in the reception area.
D) The student moves a patient in a wheelchair at a high speed and does not use wheel brakes during stops.

Question 17

A defendant does not want to go through a trial, and wants the issue at hand dealt with expediently. He may use:

A) a release of tortfeasor.
B) alternative dispute resolution.
C) the discovery rule.
D) all of the above.

Question 18

This type of defense is a denial of negligence.

A) Denial
B) Affirmative
C) Emergency care
D) Good Samaritan

Question 19

Allied health professionals can avoid negligence by conducting themselves in which way when providing patient services?

A) Competently
B) Reasonably
C) Negligently
D) Under a standard of care

Question 20

Which is an individual's responsibility for his or her conduct for failure to meet a standard of care?

A) Liability
B) Sentinel
C) Professionalism
D) Carelessness

Question 21

The risk management supervisor is responsible for:

A) talking to unruly patients.
B) talking to new employees about their dress code violations.
C) overseeing all written communication for patients.
D) documenting employees' time records.

Question 22

Establishing and putting into place the forms required for patient encounters, including informed consent, and for billing is the __________'s job.

A) head nurse.
B) physician.
C) medical assistant.
D) risk management supervisor.

Question 23

To help prevent malpractice, a healthcare provider should:

A) work within their scope of practice.
B) make promises to cure a patient.
C) treat patients as if they were friends.
D) with permission from a superior, work outside their job description.

Question 24

Physicians can reduce their liability risks by:

A) obtaining adequate diagnostic results before beginning treatment.
B) double-checking dosage and medication for a patient.
C) having an assistant present during examination.
D) following all of the above practices.

Question 25

Who can protect a physician from liability?

A) Physician assistant
B) Risk management supervisor
C) Registered nurse
D) Hospital administrator