Deck 3: Legal Issues

Question 1

In most cases involving health care providers,the contracts regarding the provision of care are:

A) oral
B) written
C) subject to interpretation only under statutory law
D) subject to interpretation only under common law

Answer 1

oral

Question 2

What is the primary advantage of using computer databases for medical records?

A) They require no special equipment or training.
B) Patient data can easily be transferred from one provider to another.
C) They guarantee the complete privacy of the patient's information.
D) They guarantee 100% accuracy in diagnosis and treatment.

Answer 2

Patient data can easily be transferred from one provider to another.

Question 3

Which of the following is an intentional tort?

A) baseball hit through a neighbor's window
B) rock flying from a lawn mower and hitting a passerby
C) trespass
D) automobile collision

Answer 3

trespass

Question 4

The FDA requires health care providers to report adverse events resulting from the use of:

A) prescription drugs
B) medical devices
C) both prescription drugs and medical devices
D) neither prescription drugs nor medical devices

Question 5

When a patient explicitly accepts a physician's offer of treatment,a(n)_____ contract is created.

A) implied
B) express
C) formal
D) technical

Question 6

Who prosecutes a criminal case?

A) police
B) district attorney
C) attorney for the plaintiff
D) jury

Question 7

Involuntary manslaughter most commonly involves a death arising from a:

A) nonvehicular incident caused by negligence (such as an accidental fire)
B) premeditated attack
C) spontaneous physical altercation between two people
D) motor vehicle accident

Question 8

The U.S.______ creates federal law by passing legislation.

A) Congress
B) Supreme Court
C) president
D) attorney general

Question 9

Who sets the licensing rules for physicians who practice in Scranton,Pennsylvania?

A) Scranton city council
B) U.S.Congress
C) Pennsylvania governor
D) Pennsylvania legislature

Question 10

Health care providers most often interact with which office within the Drug Enforcement Administration (DEA)?

A) Office of Training
B) Office of Resource Management
C) Office of Diversion Control
D) Office of Strategic Intelligence

Question 11

Match each term with its definition.
Practice of ordering additional tests that serve only a marginal clinical purpose but will serve to protect the provider in the event of a malpractice allegation

A)libel
B)defensive medicine
C)Good Samaritan Act
D)living will
E)OSHA
F)HIPAA Privacy Rule
G)durable power of attorney
H)capacity
I)FDA
J)DEA

Question 12

Who "owns" a patient's medical record in a private practice?

A) the patient
B) the patient's insurance company
C) the medical assistant who initially created the record
D) the provider

Question 13

OSHA is an agency of which federal department?

A) Education
B) Interior
C) Health and Human Services
D) Labor

Question 14

A medical record should be changed:

A) every time the patient comes into the medical office
B) only when the patient's medical condition changes
C) only when necessary to make to make it more accurate
D) only upon request of the patient

Question 15

The unlawful taking of money or goods of another from his or her person or in his or her immediate presence by force or intimidation is called:

A) robbery
B) burglary
C) petty larceny
D) grand larceny

Question 16

Which part of HIPAA establishes national standards for health care data exchange?

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

Question 17

The physician-patient relationship is created when the:

A) patient requests care from a physician
B) physician offers care to a patient
C) patient needs care,regardless of whether that care if offered
D) physician offers care to a patient,and the offer is accepted

Question 18

A provider would be required to report to the local health department that a patient had which of the following medical conditions?

A) syphilis
B) cancer
C) emphysema
D) diabetes

Question 19

If the statute of limitations for a particular tort is two years,it means:

A) the patient must bring a suit within two years of the injury
B) the patient must wait two years after the injury to bring a suit
C) the physician has up to two years to respond to the patient's suit
D) the physician can be imprisoned for up to two years if found guilty

Question 20

Which of these is an example of a misdemeanor?

A) burglary
B) manslaughter
C) public intoxication
D) robbery

Question 21

Match each term with its definition.
Party against whom charges are brought

A)defendant
B)plaintiff
C)felony
D)law
E)beyond a reasonable doubt
F)standard of care
G)Supremacy Clause
H)misdemeanor
I)case law
J)preponderance of the evidence

Question 22

Match each term with its definition.
Protects any person who provides emergency care in good faith without remuneration or expectation of remuneration

A)libel
B)defensive medicine
C)Good Samaritan Act
D)living will
E)OSHA
F)HIPAA Privacy Rule
G)durable power of attorney
H)capacity
I)FDA
J)DEA

Question 23

Match each term with its definition.
Person found guilty of this type of crime can be imprisoned in state prison for more than 1 year,and in some cases,punishable by death

A)defendant
B)plaintiff
C)felony
D)law
E)beyond a reasonable doubt
F)standard of care
G)Supremacy Clause
H)misdemeanor
I)case law
J)preponderance of the evidence

Question 24

Match each term with its definition.
Type of law created by courts

A)defendant
B)plaintiff
C)felony
D)law
E)beyond a reasonable doubt
F)standard of care
G)Supremacy Clause
H)misdemeanor
I)case law
J)preponderance of the evidence

Question 25

Match each term with its definition.
Form of defamation of character

A)libel
B)defensive medicine
C)Good Samaritan Act
D)living will
E)OSHA
F)HIPAA Privacy Rule
G)durable power of attorney
H)capacity
I)FDA
J)DEA

Question 26

Match each term with its definition.
The party bringing charges

A)defendant
B)plaintiff
C)felony
D)law
E)beyond a reasonable doubt
F)standard of care
G)Supremacy Clause
H)misdemeanor
I)case law
J)preponderance of the evidence

Question 27

Match each term with its definition.
Regulates the pharmaceutical and medical device industries

A)libel
B)defensive medicine
C)Good Samaritan Act
D)living will
E)OSHA
F)HIPAA Privacy Rule
G)durable power of attorney
H)capacity
I)FDA
J)DEA

Question 28

Match each term with its definition.
Underlying principle used to establish whether an injured party can collect for damages in a case centered on negligence

A)defendant
B)plaintiff
C)felony
D)law
E)beyond a reasonable doubt
F)standard of care
G)Supremacy Clause
H)misdemeanor
I)case law
J)preponderance of the evidence

Question 29

Scope of practice refers to:

A) ​performing delegated clinical and administrative duties,working under a physician's direct supervision,consistent with your education,training,and experience
B) ​the otoscope used to look in a patient's ears
C) ​using your experience to the best of your ability
D) ​none of the above

Question 30

Match each term with its definition.
Person found guilty of this type of crime can be imprisoned in jail for no more than 1 year

A)defendant
B)plaintiff
C)felony
D)law
E)beyond a reasonable doubt
F)standard of care
G)Supremacy Clause
H)misdemeanor
I)case law
J)preponderance of the evidence

Question 31

Match each term with its definition.
Party's ability to legally enter into a contract

A)libel
B)defensive medicine
C)Good Samaritan Act
D)living will
E)OSHA
F)HIPAA Privacy Rule
G)durable power of attorney
H)capacity
I)FDA
J)DEA

Question 32

Match each term with its definition.
Document prepared by patients as a statement of their medical wishes

A)libel
B)defensive medicine
C)Good Samaritan Act
D)living will
E)OSHA
F)HIPAA Privacy Rule
G)durable power of attorney
H)capacity
I)FDA
J)DEA

Question 33

Match each term with its definition.
Requires employers to maintain safe working conditions and use methods that are appropriate to protect workers

A)libel
B)defensive medicine
C)Good Samaritan Act
D)living will
E)OSHA
F)HIPAA Privacy Rule
G)durable power of attorney
H)capacity
I)FDA
J)DEA

Question 34

Match each term with its definition.
States that laws created by Congress apply to everyone in the United States

A)defendant
B)plaintiff
C)felony
D)law
E)beyond a reasonable doubt
F)standard of care
G)Supremacy Clause
H)misdemeanor
I)case law
J)preponderance of the evidence

Question 35

Match each term with its definition.
Standard of proof in a criminal case

A)defendant
B)plaintiff
C)felony
D)law
E)beyond a reasonable doubt
F)standard of care
G)Supremacy Clause
H)misdemeanor
I)case law
J)preponderance of the evidence

Question 36

Match each term with its definition.
Permits the disclosure of personal health information needed for patient care and other important purposes

A)libel
B)defensive medicine
C)Good Samaritan Act
D)living will
E)OSHA
F)HIPAA Privacy Rule
G)durable power of attorney
H)capacity
I)FDA
J)DEA

Question 37

Match each term with its definition.
Instruction from a patient to all who may need to know that the patient has empowered a representative to make health care decisions

A)libel
B)defensive medicine
C)Good Samaritan Act
D)living will
E)OSHA
F)HIPAA Privacy Rule
G)durable power of attorney
H)capacity
I)FDA
J)DEA

Question 38

Match each term with its definition.
Standard of proof in a civil case

A)defendant
B)plaintiff
C)felony
D)law
E)beyond a reasonable doubt
F)standard of care
G)Supremacy Clause
H)misdemeanor
I)case law
J)preponderance of the evidence

Question 39

Match each term with its definition.
System of rules,usually enforced through a collection of institutions commonly recognized as having the authority to do so

A)defendant
B)plaintiff
C)felony
D)law
E)beyond a reasonable doubt
F)standard of care
G)Supremacy Clause
H)misdemeanor
I)case law
J)preponderance of the evidence

Question 40

Match each term with its definition.
Has broad enforcement power over the distribution of narcotics and other drugs,both legal and illicit

A)libel
B)defensive medicine
C)Good Samaritan Act
D)living will
E)OSHA
F)HIPAA Privacy Rule
G)durable power of attorney
H)capacity
I)FDA
J)DEA

Question 41

​Match the following with its definition.
​Not planned or contrived in advance in any way

A)​negligence
B)​​malpractice
C)statute of limitations
D)​Good Samaritan Act(s)
E)​Uniform Anatomical Gift Act
F)​living will / advanced directives
G)​medical durable power of attorney
H)​Patient Self-Determination Act (PSDA)
I)​risk management

Question 42

The relationship between doctor and patient is in the nature of a contract.From that point on,the provider has an affirmative duty to care for the patient to the professional standards associated with a doctor of similar training and experience,which is referred to as:

A) ​an express contract
B) ​an implied contract
C) ​an informed consent
D) ​an expected standard of care

Question 43

​A medical assistant owes the duty of ___________,meaning he or she must take appropriate steps to check the type and dosage of medication before administering it to the patient and must take appropriate steps to ensure that the paperwork regarding charts and follow-up appointments is completed accurately.

A) ​standard of care
B) ​reasonable care
C) ​standard practice
D) ​scope of practice

Question 44

​Match the following with its definition.
​The identification of all exposure to financial loss of a business and includes the selection of techniques to manage those exposures

A)​negligence
B)​​malpractice
C)statute of limitations
D)​Good Samaritan Act(s)
E)​Uniform Anatomical Gift Act
F)​living will / advanced directives
G)​medical durable power of attorney
H)​Patient Self-Determination Act (PSDA)
I)​risk management

Question 45

​Match the following with its definition.
Means "bad practice";it defines any medical treatment that falls short of normal levels of skill,care or established medical procedure

A)​negligence
B)​​malpractice
C)statute of limitations
D)​Good Samaritan Act(s)
E)​Uniform Anatomical Gift Act
F)​living will / advanced directives
G)​medical durable power of attorney
H)​Patient Self-Determination Act (PSDA)
I)​risk management

Question 46

​Match the following with its definition.
​Requires any health care provider accepting Medicare or Medicaid to inform the patient (1)of his or her right to accept or refuse treatment, (2)of his or her rights regarding advance directives under state law,and (3)of any hospital or provider policies regarding withholding or withdrawing life-sustaining equipment

A)​negligence
B)​​malpractice
C)statute of limitations
D)​Good Samaritan Act(s)
E)​Uniform Anatomical Gift Act
F)​living will / advanced directives
G)​medical durable power of attorney
H)​Patient Self-Determination Act (PSDA)
I)​risk management

Question 47

Match each term with its definition.
​A medical assistant has knowledge of,and participates in,a scheme where a provider knowingly billing Medicare for tests and procedures not actually performed

A)​criminal law
B)civil law

Question 48

Match each term with its definition.
​Deals with one who has failed to perform an act required by law

A)​criminal law
B)civil law

Question 49

​Match the following with its definition.
​Tells all who would file a lawsuit that they have a limited period of time in which to bring their claim

A)​negligence
B)​​malpractice
C)statute of limitations
D)​Good Samaritan Act(s)
E)​Uniform Anatomical Gift Act
F)​living will / advanced directives
G)​medical durable power of attorney
H)​Patient Self-Determination Act (PSDA)
I)​risk management

Question 50

​Professional liability refers to the liability that arises from a failure to use due care and __________________ expected from a person in a particular profession (in this case a health care provider).

A) ​the scope of practice
B) ​consent
C) ​the standard of care
D) ​capacity

Question 51

​Match the following with its definition.
​Governs organ donations for (1)organ transplantation and (2)the transfer of anatomical gifts of one's deceased body for use in the study of medicine

A)​negligence
B)​​malpractice
C)statute of limitations
D)​Good Samaritan Act(s)
E)​Uniform Anatomical Gift Act
F)​living will / advanced directives
G)​medical durable power of attorney
H)​Patient Self-Determination Act (PSDA)
I)​risk management

Question 52

Match each term with its definition.
​Exclusively statutory

A)​criminal law
B)civil law

Question 53

​Match the following with its definition.
Providing assistance to one in need;the nature of these laws is to protect individuals who decide to provide help and serve those who are injured

A)​negligence
B)​​malpractice
C)statute of limitations
D)​Good Samaritan Act(s)
E)​Uniform Anatomical Gift Act
F)​living will / advanced directives
G)​medical durable power of attorney
H)​Patient Self-Determination Act (PSDA)
I)​risk management

Question 54

Match each term with its definition.
​Collection of rules that govern the conduct and affairs of people (their rights)

A)​criminal law
B)civil law

Question 55

Match each term with its definition.
​Misdemeanors

A)​criminal law
B)civil law

Question 56

Match each term with its definition.
​Felonies

A)​criminal law
B)civil law

Question 57

Match each term with its definition.
​Demonstrates by a preponderance of the evidence,the standard of proof required

A)​criminal law
B)civil law

Question 58

Match each term with its definition.
​Deals with one who has performed an act prohibited by law

A)​criminal law
B)civil law

Question 59

​Match the following with its definition.
​A document prepared by the patient as a statement of his or her medical wishes;it does not designate anyone else to make decisions but rather outlines what the patient wants or doesn't want regarding lifesaving or life-sustaining measures

A)​negligence
B)​​malpractice
C)statute of limitations
D)​Good Samaritan Act(s)
E)​Uniform Anatomical Gift Act
F)​living will / advanced directives
G)​medical durable power of attorney
H)​Patient Self-Determination Act (PSDA)
I)​risk management

Question 60

​Match the following with its definition.
​An instruction from the patient to all who might need to know that the patient has empowered a representative to make health care decisions and the discontinuation of life support

A)​negligence
B)​​malpractice
C)statute of limitations
D)​Good Samaritan Act(s)
E)​Uniform Anatomical Gift Act
F)​living will / advanced directives
G)​medical durable power of attorney
H)​Patient Self-Determination Act (PSDA)
I)​risk management

Question 61

​Match the following medical legal term with its definition.
​When the patient directly communicates their consent to the doctor,usually done in writing by signing papers and can also be supported through oral or verbal communication with the doctor

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 62

​Match the following medical legal term with its definition.
​A person who is not legally an adult (18 years of age)and may not require parental permission for medical or surgical care

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 63

​Match the following medical legal term with its definition.
​Agreement to do something or to allow something to happen only after all the relevant facts are known

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 64

​Match the following medical legal term with its definition.
​A rule of evidence important in many malpractice suits,not a rule of substantive law

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 65

​Match the following medical legal term with its definition.
​Is a Latin phrase that means "to hold the place of,to substitute for";in health care,it means a physician who substitutes temporarily for another

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 66

​Match the following medical legal term with its definition.
​Involves a live person being questioned under oath by an attorney involved in the proceeding and takes place prior to the case going before the judge (and jury)

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 67

​Match the following medical legal term with its definition.
​The law assumes that an unconscious patient would consent to emergency care if the patient were conscious and able to consent

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 68

​Match the following with its definition.
​A physical injury due to a firearm or assaultive or abusive conduct

A)​abuse
B)​neglect
C)​exploitation
D)​wounds of violence

Question 69

​Match the following medical legal term with its definition.
​To protect individuals who decide to provide help and serve those who are injured

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 70

​Match the following with its definition.
​Any abuse and neglect of person(s)by a caregiver or another person in a relationship involving an expectation of trust;the use of physical force that may result in bodily injury,physical pain,or impairment

A)​abuse
B)​neglect
C)​exploitation
D)​wounds of violence

Question 71

​Match the following medical legal term with its definition.
​A "writ commanding a person to produce in court certain designated documents or evidence"

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 72

​Match the following medical legal term with its definition.
​Is a legal status,not a medical condition

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 73

​Match the following with its definition.
​The failure or refusal of a caregiver or other responsible person to provide for an elder's basic physical,emotional,or social needs,or failure to protect the elder from harm

A)​abuse
B)​neglect
C)​exploitation
D)​wounds of violence

Question 74

​Match the following medical legal term with its definition.
​Allows health care providers to treat youth as adults based upon an assessment and documentation of the young person's maturity;enables the provider to ask questions of the young person in order to determine whether or not the patient can consent for his or her own treatment

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 75

​Match the following medical legal term with its definition.
​The party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 76

​Match the following medical legal term with its definition.
​A type of dispute resolution where the parties to a lawsuit meet with a neutral third-party in an effort to settle the case

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 77

​Which act prohibits discrimination in group health plan coverage based on genetic information?

A) ​ADAAA
B) ​PSDA
C) ​HIPAA
D) ​GINA

Question 78

​Match the following medical legal term with its definition.
Latin,meaning "let the master answer"

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 79

​Match the following medical legal term with its definition.
​The party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s)demanding damages,performance and/or court determination of rights

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law

Question 80

​Match the following medical legal term with its definition.
​A private,judicial determination of a dispute and is an alternative to court action (litigation),and generally,just as final and binding

A)​informed consent
B)implied consent
C)​expressed consent
D)​patient incompetence
E)​emancipated minor
F)​mature minor
G)​subpoena duces tecum
H)​respondeat superior
I)​res ipsa loquitur
J)locum tenens
K)defendant
L)​plaintiff
M)​deposition
N)​arbitration
O)​mediation
P)​Good Samaritan law