Deck 6: Professional Liability and Medical Malpractice

Question 1

To win a wrongful death case, the plaintiff must prove

A) proximate cause of death.
B) malpractice.
C) nominal damages.
D) negligence.

Answer 1

negligence.

Question 2

Assumption of risk is the legal defense

A) used by the defendant in a case to prove innocence from injury.
B) that prevents the plaintiff from recovering damages if he or she accepts a risk associated with the activity.
C) that determines that the patient was fully or partly at fault for the injury, and no damages may be recovered.
D) that bases the recovery of damages by the plaintiff on the amount of fault of the defendant.

Answer 2

that prevents the plaintiff from recovering damages if he or she accepts a risk associated with the activity.

Question 3

The legal relationship formed between two people when one person agrees to perform work for another person is called

A) the promise to cure.
B) liability.
C) the law of agency.
D) all of the above.

Answer 3

the law of agency.

Question 4

Protection for the physician/employer by the healthcare professional is best accomplished by

A) having a job description with clearly defined responsibilities, duties, and necessary skills.
B) using extreme care when performing his or her job.
C) carrying out only those procedures for which he or she is trained.
D) all of the above.

Question 5

The thing speaks for itself applies to the law of negligence and is the doctrine of

A) res ipsa loquitur.
B) respondeat superior.
C) preponderance of evidence.
D) compensatory damages.

Question 6

The most common defense provided by the defendant in a medical malpractice case is called

A) affirmative defense.
B) denial defense.
C) assumption of risk.
D) borrowed servant.

Question 7

To prove dereliction of duty, a patient would have to prove the physician

A) did not carry malpractice insurance.
B) did not conform to the acceptable standard of care.
C) took additional risks in performing the treatment.
D) none of the above.

Question 8

The standard of care for physicians and other healthcare professionals is determined by

A) the AMA.
B) the local hospital.
C) a board of physicians appointed by the local chapter of the AMA who practice in the same medical specialty.
D) what members of the same profession would do in a similar situation within the same geographic area.

Question 9

Performing a wrong and illegal act is considered

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

Question 10

Deliberate concealment of the facts from a patient is

A) comparative negligence.
B) fraud.
C) liability.
D) contributory negligence.

Question 11

A contract by which one person promises to compensate or reimburse another if he or she suffers a loss from a specific cause or a negligent act is

A) a rider.
B) arbitration.
C) liability insurance.
D) malpractice insurance.

Question 12

The reasonable person standard refers to the

A) dereliction of duty.
B) damages.
C) duty of due care.
D) proximate cause.

Question 13

Res judicata means

A) the thing has been decided.
B) let the master answer.
C) borrowed servant doctrine.
D) the thing speaks for itself.

Question 14

The statute of limitations for a case begins to run

A) when the injury occurs.
B) 2 years after the injury.
C) when the plaintiff sues the defendant.
D) when the injury is discovered.

Question 15

Professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient is

A) nonfeasance.
B) feasance.
C) malpractice.
D) misfeasance.

Question 16

When an employer lends an employee to someone else, this is called

A) comparative negligence.
B) respondeat superior.
C) the borrowed servant doctrine.
D) fraud.

Question 17

Responsibility for action in employment is ultimately assigned to the

A) employee.
B) employer.
C) agency.
D) supervisor.

Question 18

Failure to perform an action that a reasonable person would have performed in a similar situation is

A) an assumption of risk.
B) negligence.
C) respondeat superior.
D) malfeasance.

Question 19

Monetary awards by a court to a person who has been harmed in an especially malicious or willful way are

A) compensatory damages.
B) nominal damages.
C) punitive damages.
D) wrongful damages.

Question 20

Negligence is composed of four elements:

A) malpractice, misfeasance, nonfeasance, and malfeasance.
B) duty, dereliction of duty, direct or proximate cause, and damages.
C) malpractice, misfeasance, dereliction of duty, and damages.
D) duty, dereliction of duty, nonfeasance, and malfeasance.

Question 21

A general liability policy that covers any negligence on the part of the physician's staff would include

A) claims-made insurance.
B) occurrence insurance.
C) the malpractice policy.
D) a rider on the malpractice policy.

Question 22

Coverage of the insured party for all injuries and incidents that occurred while the policy was in effect, regardless of when they are reported, is

A) occurrence insurance.
B) claims-made insurance.
C) malpractice insurance.
D) rider insurance.

Question 23

A/An important reason for arbitrations) of civil cases is to save

A) court appointments.
B) time.
C) money.
D) time and money.

Question 24

Submitting a dispute to a person other than a judge is called

A) law of agency.
B) arbitrator.
C) arbitration.
D) liability.

Question 25

The only health professional who is not usually employed by the physician is the

A) nurse.
B) pharmacist.
C) medical assistant.
D) radiology technician.