Question 1

Assault refers to a threat that does not involve physical contact.

Accepted Answer

Assault is legally defined as an intentional act that creates a reasonable apprehension of imminent harmful or offensive contact, meaning it involves a threat or attempt to cause harm without physical contact.

Question 2

A subpoena duces tecum is best defined as

Accepted Answer

The answer of A subpoena duces tecum is best defined...

Question 3

HIPPA is an acronym for which of the following?

Accepted Answer

HIPPA stands for Health Insurance Portability and Accountability Act.

Question 4

Medical abandonment claims are among the oldest intentional tort claims in the health care context.

Accepted Answer

Medical abandonment claims are indeed one of the oldest intentional tort claims in healthcare, as they involve a healthcare provider's intentional failure to continue providing necessary medical care to a patient without reasonable notice or a suitable replacement.

Question 5

A patient requests to see his health care record. Which is the best answer as to the rights of the patient?

Accepted Answer

Patients have the right to access their own health care information under the HIPAA Privacy Rule, which grants them the ability to view and obtain copies of their health records.

Question 6

Which of the following statements is most accurate regarding the use of electronic patient information?

Accepted Answer

HIPAA (Health Insurance Portability and Accountability Act) encourages the use of electronic patient information by setting standards for the protection of health information, thereby facilitating its secure use and exchange.

Question 7

A patient is brought to the emergency room after crashing into a tree with his automobile. He is comatose. Which of the following statements best describe the protocol for treatment?

Accepted Answer

In emergency situations where a patient is unable to give consent, implied consent allows healthcare providers to administer necessary treatment to save the patient's life or prevent further harm.

Question 8

Which of the following statements is most accurate about filing an appeal?

Accepted Answer

An appeal is a request to a higher court to review the decision of a lower court to determine if there were any legal errors that could affect the outcome of the case. Both defendants and plaintiffs can file appeals, not just one party.

Question 9

Which of the following statements is the most accurate about the concepts of privacy and security?

Accepted Answer

Privacy and security are distinct concepts; privacy refers to the right to control personal information, while security involves protecting that information from unauthorized access.

Question 10

Which of the following statements are most accurate in regards to record retention policies?

Accepted Answer

Record retention policies can vary from state to state, as different states may have different laws and regulations regarding how long records must be kept.

Question 11

A breach of contract involves the failure of the parties to a contract to perform according to the contract's terms.

Accepted Answer

A breach of contract occurs when one or more parties do not fulfill their obligations as outlined in the contract, violating the agreed-upon terms.

Question 12

HIPPA provides DHHS with several layers of authority. Which of the following is part of this designated authority?

Accepted Answer

The answer of HIPPA provides DHHS with several layers of...

Question 13

Occupational Safety and Health Administration's (OSHA) purpose is to assure safe working conditions so that human resources are preserved.

Accepted Answer

OSHA's mission is to ensure safe and healthful working conditions by setting and enforcing standards and providing training, outreach, education, and assistance.

Question 14

When a plaintiff is granted a money award, which is the most likely to occur as the next step?

Accepted Answer

A writ of execution is typically filed to enforce a money judgment, allowing the plaintiff to collect the awarded amount.

Question 15

A physician's brother owns and operates a local clinical laboratory and has asked his brother to help him out by referring patients to him when he orders lab work. Is this legal?

Accepted Answer

Physician self-referral, also known as the Stark Law, prohibits physicians from referring patients to entities with which they have a financial relationship, including family-owned businesses, unless specific exceptions apply.

Question 16

Intentional torts refers to civil wrongs committed by persons who lack the intent to do something wrong.

Accepted Answer

Intentional torts involve civil wrongs where the person committing the act has the intent to perform the action that leads to harm or injury.

Question 17

Which is the most accurate statement about the Privacy Rule and the Security Rule?

Accepted Answer

The Privacy Rule establishes the concept of protected health information, while the Security Rule specifically addresses the protection of electronic protected health information. They are not interchangeable and apply to all individuals, not just those who are insured.

Question 18

A patient is being scheduled for abdominal surgery. What type of consent would be required before the operation?

Accepted Answer

Informed consent is required before any surgery, as it ensures that the patient understands the risks and benefits of the procedure and has given their consent to it.

Question 19

Mr. Z., a hospitalized patient, refuses to follow Dr. Johnson's orders after surgery. Dr. Johnson informs the patient that she will no longer be his physician. Is there grounds for filing a lawsuit? If so, under which theory of liability?

Accepted Answer

The answer of Mr. Z., a hospitalized patient, refuses to...

Question 20

Fraud and abuse are very prevalent in the United States. What percentage of the nation's annual health care expenses are attributable to fraudulent activities?

Accepted Answer

The answer of Fraud and abuse are very prevalent in...

Quiz 3: Legal Issues