Deck 7: Medicine and Law

Question 1

Municipal courts represent counties.

Answer 1

False

Question 2

The willful and unlawful use of force or violence on the person of another is called assault.

Answer 2

False

Question 3

The science and philosophy of law is called jurisprudence.

Answer 3

True

Question 4

Special damages are injuries that are not a necessary consequence of a physician's negligent act or omission.

Question 5

Only the defense has the right to appeal a court decision to a higher level.

Question 6

Healthcare professionals are required to report child abuse only when they have concrete evidence that abuse has taken place.

Question 7

The term medical professional liability encompasses all possible civil liability that can be incurred during the delivery of medical care.

Question 8

Much of our law is based on previous judicial and jury decisions called ordinances.

Question 9

Lawsuits must be filed in the court that has jurisdiction over the case.

Question 10

If an individual has not indicated that he or she wants to donate organs, the person's organs cannot be harvested after death.

Question 11

When a wrongful death lawsuit is filed, the person who died often is called the decedent.

Question 12

Things happening at the same time are happening concurrently.

Question 13

According to OSHA regulations, handicapped individuals must be able to enter and exit buildings easily and be able to travel from floor to floor in multistory buildings.

Question 14

In most cases, convicted felons cannot vote, hold public office, or possess a firearm.

Question 15

A written defamatory statement or representation that conveys an unjustly unfavorable impression is called liable.

Question 16

A physician who discontinues his or her medical practice must return triplicate prescription forms to the DEA.

Question 17

Civil cases must be proven beyond a reasonable doubt.

Question 18

The formal action of a legislative body is called an appeal.

Question 19

Adults who have been found by a court to be insane or incompetent can still consent to medical treatment in almost all cases.

Question 20

The Code of Federal Regulations delineates rules and regulations published in the Federal Register by the various departments and agencies of the federal government.

Question 21

The pretrial disclosure of pertinent facts or documents by one or both parties in a legal action is called:

A)discovery
B)exchange
C)subpoena
D)subpoena duces tecum

Question 22

An emancipated minor is over the age of 18.

Question 23

A list of questions from one party in a lawsuit to another party in the lawsuit is called a(n):

A)deposition
B)interrogatory
C)petition
D)response

Question 24

Medical liability cases can stem from:

A)a breach of trust on the part of the physician
B)a breach of trust on the part of the patient
C)some type of miscommunication between the patient and physician
D)all of the above

Question 25

Slander is oral defamation.

Question 26

Something that is easily understood or recognized by the mind is a manifestation.

Question 27

An expert witness is prone to engage in lawsuits.

Question 28

Something that has significant and demonstrable bearing on the matter at hand is recourse.

Question 29

A statement by a party to a legal action of what the party undertakes to prove is called assent.

Question 30

A major crime, such as rape, murder, or burglary, is classified as a(n):

A)felony
B)misdemeanor
C)violation
D)act of treason

Question 31

The petitioner, or respondent, brings a case to civil court.

Question 32

Respondeat superior is a Latin term meaning:

A)"Let the master answer."
B)"Buyer, beware."
C)"The thing speaks for itself."
D)"Respond as soon as possible."

Question 33

A minor crime is called a(n):

A)felony
B)misdemeanor
C)violation
D)act of treason

Question 34

An infraction is a more serious crime than a misdemeanor.

Question 35

Criminal law governs violations of the law that are punishable as offenses against:

A)individuals
B)the state or government
C)corporations
D)groups

Question 36

Considered the most serious crime, an offense to overthrow the government is classified as a(n):

A)felony
B)misdemeanor
C)violation
D)act of treason

Question 37

A person who is shrewd in the management of practical affairs is considered an arbitrator.

Question 38

Which of the following is not a requirement for a valid, legal contract?

A)The contract must include manifestation of assent.
B)The contract must be in writing.
C)The contract must involve legal subject matter.
D)All parties must have the legal capacity to enter into a contract.

Question 39

The legal representative of a minor may be a guardian ad litem.

Question 40

Local governments create and enact:

A)precedents
B)acts
C)ordinances
D)all of the above

Question 41

To withdraw protection or support or to discontinue medical care without proper notice is called:

A)nondelivery
B)abandonment
C)failure to care
D)none of the above

Question 42

Generally, a subpoena duces tecum should be filed no less than ____ days before a trial.

A)5
B)10
C)15
D)20

Question 43

A set of laws designed to standardize electronic data exchange and protect health information is:

A)CLIA
B)OSHA
C)DHHS
D)HIPAA

Question 44

The drugs in schedule _____ are considered to have the highest potential for abuse.

A)I
B)II
C)III
D)IV

Question 45

The performance of an act that is wholly wrongful and unlawful is called:

A)malfeasance
B)misfeasance
C)nonfeasance
D)feasance

Question 46

Negligence must be:

A)assumed
B)proven
C)noticed
D)ignored

Question 47

The failure to perform an act that should have been performed is called:

A)malfeasance
B)misfeasance
C)nonfeasance
D)feasance

Question 48

Which of the following is not true about organ donations?

A)Even if the patient did not specify before death that he or she wanted to donate organs, the organs can be used with the family's consent.
B)The recipient's physician can certify the death of the donor.
C)The donor's physician can certify the death of the donor.
D)Any person over 18 can donate his or her organs.

Question 49

Which of the following elements is necessary for informed consent?

A)Patient's diagnosis, if known
B)Risks and benefits of the procedure or treatment
C)Alternative treatments
D)All of the above

Question 50

Which of these might be considered grounds for revocation of a medical license?

A)Conviction of a crime
B)Unprofessional conduct
C)Personal or professional incapacity
D)All of the above

Question 51

A physician who fails to obtain consent before treating a patient could be charged with:

A)misfeasance
B)breach of contract
C)battery
D)negligence

Question 52

The most sacred trust that patients place in physicians and their staff members is:

A)the ability to cure disease
B)the competent treatment of symptoms
C)confidentiality
D)the fairness of charges for services

Question 53

The person bringing a case or legal action to court is the:

A)judge
B)defendant
C)plaintiff
D)bailiff

Question 54

Public medical facilities must allow individuals with disabilities to easily and safely:

A)enter and exit buildings
B)use drinking fountains
C)move from floor to floor
D)all of the above

Question 55

Which of these sets of regulations contains the general duty clause?

A)OSHA
B)HIPAA
C)CLIA
D)ADA

Question 56

The improper performance of a lawful act is called:

A)malfeasance
B)misfeasance
C)nonfeasance
D)feasance

Question 57

Which agency oversees and enforces the Controlled Substances Act?

A)IRS
B)DEA
C)OSHA
D)SWAT

Question 58

Presumed consent is also called _____ consent.

A)written
B)verbal
C)implied
D)informed

Question 59

Which of the following conditions does not support classification of a minor by the courts as emancipated?

A)The minor wants to enter the armed forces.
B)The minor is married.
C)The minor is self-supporting.
D)The minor lives separate and apart from parents or a legal guardian.

Question 60

A person who represents a minor in legal situations is called a:

A)respondeat superior
B)guardian ad litem
C)respondeat minor
D)none of the above

Question 61

A sum imposed as punishment for an offense is called a(n) __________.

Question 62

The pretense of curing disease is called __________.

Question 63

Which of the following is not a standard of care that physicians are expected to uphold?

A)Use reasonable care, attention, and diligence.
B)Take the advice of consulting physicians.
C)Follow his or her best judgment in treating patients.
D)Exercise reasonable skill and care.

Question 64

Which of the following tests are exempt from CLIA standards for medical assistants?

A)Urine pregnancy testing
B)Spun hematocrit testing
C)Dipstick urinalysis
D)All of the above

Question 65

A(n) __________ is something done or said that serves as an example or rule to authorize or justify a subsequent act of the same kind.

Question 66

Which of the following is not a type of civil law?

A)Misdemeanor
B)Administrative
C)Tort
D)Contract

Question 67

__________ is a solemn declaration, usually made orally by a witness under oath in response to interrogation by a lawyer or an authorized public official.

Question 68

Something that has significant and demonstrable bearing on the matter at hand is:

A)relevant
B)frequent
C)recourse
D)stipulated

Question 69

Turning to something or someone for help or protection is called __________.

Question 70

The person who keeps order in a courtroom is the:

A)bailiff
B)prosecuting attorney
C)sheriff
D)court clerk

Question 71

Something marked by wisdom or judiciousness is said to be __________.

Question 72

A solemn declaration usually made orally by a witness under oath is called:

A)a response
B)testimony
C)a subpoena
D)assent

Question 73

The finding or decision of a jury on a matter submitted to it in trial is called the __________.

Question 74

To agree to something after thoughtful consideration is called __________.

Question 75

Municipal regulations are also called __________.

Question 76

Licensure for physicians cannot be obtained through:

A)examination
B)transfer
C)reciprocity
D)endorsement

Question 77

Which of the following is not one of the four Ds of negligence?

A)Duty
B)Dereliction
C)Deposition
D)Damages

Question 78

A(n) __________ is a list of legal cases to be tried.

Question 79

The benefits of HIPAA include:

A)lower administrative costs
B)higher administrative costs
C)increased revenue cycle time
D)none of the above

Question 80

How many cases are heard by the Supreme Court each year?

A)10 to 28
B)80 to 90
C)240 to 300
D)500 or more