Deck 5: Legal and Ethical Issues

Question 1

A court order to produce documents is ____.

A) respondeat superior
B) subpoena
C) subpoena duces tecum
D) subpoena testificandum
E) law of agency

Answer 1

subpoena duces tecum

Question 2

What is the document called in which a patient names someone to make decisions regarding medical care in the event he or she is unable to do so?

A) Living will
B) Durable power of attorney
C) Life trust
D) Informed consent
E) Expressed contract

Answer 2

Durable power of attorney

Question 3

The appropriate way for a physician to terminate the care of a patient is to ____.

A) inform the patient by telephone
B) send the patient a certified letter
C) tell the patient in person
D) obtain the patient's consent
E) send the patient a text message

Answer 3

send the patient a certified letter

Question 4

A surgical incision is reopened after a patient starts to show signs of internal bleeding. It is discovered that the surgeon did not complete closure of all severed capillaries at the operative site. This is an example of ____.

A) delayed treatment
B) poor patient healing
C) malpractice
D) inappropriate postoperative care
E) abandonment

Question 5

The term res ipsa loquitur refers to cases in which the ____.

A) patient has a previously existing condition
B) doctor's mistake is completely obvious
C) patient has already filed a lawsuit
D) doctor's error was caused by faulty record keeping
E) patient failed to follow medical advice

Question 6

Which of the following is demonstrated when a patient's leg healed incorrectly because of the way the cast had been applied?

A) Indirect cause
B) Possible cause
C) Accidental cause
D) Direct cause
E) Implied cause

Question 7

A healthcare professional who stops care without providing an equally qualified substitute can be charged with ____.

A) neglect
B) delayed treatment
C) breach of duty
D) breach of contract
E) abandonment

Question 8

A physician is said to have been ____ if a patient shows that the physician failed to comply with the standards of the profession.

A) liable
B) in breach of contract
C) derelict
D) in arbitration
E) injured

Question 9

An unlawful act or misconduct is ____.

A) nonfeasance
B) misfeasance
C) malfeasance
D) res ipsa loquitur
E) respondeat superior

Question 10

A civil wrong committed against a person or property that causes physical injury or damage to someone's property or that deprives someone of his or her personal liberty and freedom is called a(n) ____.

A) duty
B) tort
C) battery
D) assault
E) breach of contract

Question 11

Malpractice lawsuits are part of ____ law.

A) civil
B) statutory
C) common
D) administrative
E) criminal

Question 12

An employee who is considered to be acting on the physician's behalf while performing professional tasks is ____.

A) respondeat superior
B) subpoena duces tecum
C) malfeasance
D) res ipsa loquitur
E) subpoena testificandum

Question 13

Another name for terminating care of a patient is _____.

A) abandonment
B) negligence
C) breach of contract
D) withdrawing from a case
E) misdemeanor

Question 14

It was discovered in the recovery room that a physician removed the left lung of a lung cancer patient scheduled to have the right lung removed. This is an example of ____.

A) subpoena duces tecum
B) an accident
C) res ipsa loquitur
D) battery
E) assault

Question 15

To use the form of treatment believed to be best for the patient, to refrain from harmful actions, and to keep a patient's private information confidential are part of ____.

A) state law
B) federal law
C) medical ethics
D) the Hippocratic Oath
E) an employer's rules

Question 16

____ refers to failure to perform an act that is one's required duty or that is required by law.

A) Misfeasance
B) Nonfeasance
C) Malfeasance
D) Res ipsa loquitur
E) Subpoena testificandum

Question 17

A process in which the opposing sides choose a person outside the court system, with special knowledge in the field, to hear and decide a dispute is a(n) ____.

A) tort
B) agency
C) subpoena
D) contract
E) arbitration

Question 18

A written court order addressed to a specific person, requiring that person's presence in court at a specific time, is a(n) ____.

A) contract
B) subpoena
C) agent
D) agreement
E) consent

Question 19

At the end of a shift, a labor and delivery nurse leaves a woman in labor before the nurse's replacement arrives. What kind of negligence does this constitute?

A) Delay in treatment
B) Poor judgment
C) Direct cause
D) Abandonment
E) Fraud

Question 20

A ____ is a rule of conduct established and enforced by an authority or governing body, such as the federal government.

A) principle
B) law
C) tort
D) policy
E) contract

Question 21

The appropriate way for a patient to donate organs upon death is to ____.

A) inform the physician
B) state his or her wishes in a living will
C) discuss it with family members
D) complete a uniform donor card
E) register with the state

Question 22

Which of the following created federal laws to protect healthcare workers from health hazards on the job?

A) FDA
B) OSHA
C) EPA
D) FCC
E) MSDS

Question 23

Administration of an unauthorized injection constitutes which intentional tort(s)?

A) Fraud
B) Assault
C) Battery
D) Defamation of character
E) Invasion of privacy

Question 24

The promise of "miracle cures" is an example of ____.

A) battery
B) defamation of character
C) false imprisonment
D) fraud
E) assault

Question 25

You can help prevent lawsuits by ____.

A) telling the patients how billing will be handled only after treatment is complete
B) being a good listener
C) always being upbeat and optimistic about the patient's prognosis
D) explaining in detail what went wrong if an error was made during patient treatment
E) demanding that patients sign a document that releases your practice from culpability

Question 26

Should you be called to appear in court, it is suggested that you ____.

A) use the correct medical terms
B) maintain and use your sense of humor
C) appear in uniform
D) answer only the question that is asked
E) refuse to answer questions that help the opposing side

Question 27

For which of the following services is it ethical for a physician to bill?

A) An office visit
B) Dispensing a drug
C) Making a referral
D) Office pamphlets
E) Parking access

Question 28

The physician you work for received notice that a patient has filed a lawsuit for a fall in the office that happened over ten years ago. It is likely that this claim will ____.

A) go forward because it is a legitimate complaint
B) be barred because it falls outside the statute of limitations
C) be barred because it falls within the statute of limitations
D) not go forward because it is not a legitimate complaint
E) go forward because the patient was disabled as a result of the fall

Question 29

Risk management includes all except which of the following?

A) Reporting risks to OSHA
B) Monitoring risks
C) Identifying and tracking risk areas
D) Developing risk improvement plans
E) Performing risk assessments

Question 30

You are given an employment contract as a medical assistant beginning employment at a new facility. You note that the contract has no provisions for grievance procedures or termination procedures but contains all other information required for a contract to be binding. What should you do?

A) Sign the agreement
B) Request that these two issues be added to the contract before signing
C) Look for another place of employment
D) Demand that these be added to the contract or you will report the employer to the EEOC
E) Write in the missing provisions and then sign the agreement

Question 31

The document established by the American Hospital Association that is a list of standards a patient can expect in healthcare is the ____.

A) Hippocratic Oath
B) Code of Medical Ethics
C) Patient Care Partnership
D) Quality Assurance Program
E) informed consent document

Question 32

A physician reports a case of acquired immunodeficiency syndrome (AIDS) to the state. This is ____.

A) negligence
B) breach of contract
C) the physician's public duty
D) lack of confidentiality
E) invasion of privacy

Question 33

Speaking in such a way as to negatively influence others against an individual is an example of

A) invasion of privacy.
B) defamation of character.
C) fraud.
D) battery.
E) assault.

Question 34

____ is considered a standard of behavior and a concept of right and wrong, beyond the legal consideration.

A) Morality
B) Tort law
C) Civil law
D) Criminal law
E) Ethics

Question 35

An example of a situation in which the patient automatically gives up the right to confidentiality is when a patient ____.

A) sues a physician
B) is admitted to the hospital
C) has a terminal illness
D) chooses another physician
E) agrees to e-billing

Question 36

____ refers to a lawful act that is done incorrectly.

A) Misfeasance
B) Nonfeasance
C) Malfeasance
D) Res ipsa loquitur
E) Subpoena testificandum

Question 37

For two parties to enter into an agreement, or contract, both must be capable of understanding the terms and conditions. This is referred to as ____.

A) consideration
B) agreement
C) expressed contract
D) contractual capacity
E) implied contract

Question 38

Which of the following is a correct way for a medical assistant to contact a partner of a patient with a sexually transmitted disease?

A) Send a letter explaining that he/she has been named a partner of a patient with a sexually transmitted disease.
B) Make the contact in person but ask where you can talk privately.
C) Call the person at work and leave a detailed message revealing the urgency of the call.
D) Send an e-mail message giving details about the situation.
E) It is not the responsibility of the medical assistant to make the contact.

Question 39

____ are formed through the influence of the family, culture, and society, and serve as a basis for ethical conduct.

A) Ethics
B) Responsibilities
C) Rules of conduct
D) Moral values
E) Laws

Question 40

Which of the following is the appropriate way for the medical assistant working in a physician's office to leave a message for patients at their place of employment?

A) Leave the medical assistant's name and phone number only
B) Leave the physician's name and phone number only
C) Leave a message with phone numbers for both the medical assistant and the physician
D) Leave a detailed message so the patient does not need to return the call
E) Leave a message that the patient's doctor's office is calling

Question 41

The proper way to make a correction in a medical record is to ____.

A) black out the incorrect information and print the correct information above it
B) erase the incorrect information and insert the correct information in its place
C) use correction fluid to hide the incorrect information and replace it with the correct information
D) draw a line through the incorrect information so it is still legible, and write the correct information above it
E) draw a line through the incorrect information, and refer the reader to the physician for the correct information

Question 42

Which medical practice model is referred to as a "solo practice"?

A) Partnership
B) Group practice
C) Professional corporation
D) Sole proprietorship
E) Clinic

Question 43

Which of the following patients can give informed consent?

A) A 14-year-old girl who needs abdominal surgery
B) A 24-year-old man who is mentally challenged
C) A 17-year-old boy who lives with his parents
D) A 16-year-old girl who is married and self-supporting
E) A 15-year-old boy who has an STI

Question 44

Giving financial incentives to a healthcare professional for referring patients or for recommending services or products is prohibited by the ____.

A) Federal Ethics in Patient Referral Act
B) Health Insurance Portability and Accountability Act
C) Federal Anti-Kickback Law
D) False Claims Act
E) Health Care Quality Improvement Act

Question 45

Which of the following is an example of disclosure under the HIPAA Privacy Rule?

A) Sharing protected health information
B) Examining protected health information
C) Analyzing protected health information
D) Releasing protected health information
E) Utilizing protected health information

Question 46

One way to prevent medical malpractice is to be ________ in your skills and job knowledge.

Question 47

Two types of law pertain to healthcare practitioners: criminal law and ________ law.

Question 48

Dean is talking on the phone to someone who identified herself as Clarissa Brown's mother. Clarissa is a 16-year-old patient who was recently diagnosed with an STI. The mother wants to know what Clarissa's diagnosis was. Dean is not sure what to do. What would you do if you were Dean?

A) Release the information to the mother, because Clarissa is a minor.
B) Refuse to release the information, because you are not sure what to do.
C) Provide the information so that the mother can help care for Clarissa.
D) Ask the mother what she thinks the diagnosis was.
E) Tell the mother that Clarissa's test results are none of her business.

Question 49

Which of the following is an example of an implied contract?

A) Employment contract
B) Housekeeping/maintenance contract
C) Lease agreement
D) Making a medical appointment
E) Partnership agreement

Question 50

Which of the following organizations defines ethical behavior for doctors in the Code of Medical Ethics: Current Opinions with Annotations?

A) AMA
B) AHA
C) AAMA
D) AMT
E) TJC

Question 51

Under an implied contract, patients have the ________ to follow any instructions given by the physician and to give all relevant information to the physician.

Question 52

The Healthcare Quality Improvement Act of 1986 requires professional ________ review in an effort to improve medical care.

Question 53

Ethical issues that arise related to medical advances are known as ____ issues.

A) civil
B) criminal
C) bioethical
D) felony
E) fraud

Question 54

When a healthcare practitioner fails to exercise ordinary care and the patient is injured, the practitioner may be charged with ________.

Question 55

Kelley has been diagnosed with HIV, and has agreed to allow you to inform her current and former partners. The first few calls go well, but when you call Paul, he demands to know who is spreading ugly rumors about him. Which of the following is an appropriate response?

A) "Her name is Kelley Iverson."
B) "I'm sorry, that information is strictly confidential."
C) "If you refuse to be tested, you will probably die of AIDS."
D) "I can't tell you her last name, but her first name is Kelley."
E) "If you think this is only a rumor, then no action is needed."

Question 56

You overhear a coworker talking with your supervisor about a person who is being interviewed for employment. Your coworker says, "Are you sure you want to hire her? I know her slightly, and it seems she has a new boyfriend every week. I wouldn't be surprised if she has AIDS." Your coworker is guilty of ____.

A) assault
B) slander
C) fraud
D) invasion of privacy
E) libel

Question 57

Mr. Daley, an 84-year-old patient, is accompanied to the office by his 53-year-old son. When the physician explains that Mr. Daley needs surgery to remove a tumor, Mr. Daley does not want the surgery. However, his son insists that he agree to the surgery, and Mr. Daley finally gives in. On the day of the surgery, Mr. Daley once again decides not to have the surgery. He says the consent form he signed is not valid. Which of the essential elements of a contract is not present in the signed consent form?

A) Agreement
B) Consideration
C) Communication
D) Legal subject matter
E) Contractual capacity

Question 58

Mrs. Higgins is in the office because of a severe sinus infection, and the physician orders an antibiotic injection. Jerome, the office assistant, prepares the injection, but when Mrs. Higgins sees the needle, she exclaims, "No! You are not going to stick me with that needle!" Jerome replies soothingly, "It's for your own good, Mrs. Higgins" and proceeds to give the shot. Jerome is guilty of ____.

A) battery
B) fraud
C) invasion of privacy
D) assault
E) false imprisonment

Question 59

The National Practitioner Data Bank was established in 1986 by the ____.

A) False Claims Act
B) Occupational Safety and Health Administration
C) Health Insurance Portability and Accountability Act, Title I
D) Health Insurance Portability and Accountability Act, Title II
E) Health Care Quality Improvement Act

Question 60

A medical practice model that is authorized by state law to act as a single entity is a ____.

A) partnership.
B) group practice.
C) professional corporation.
D) sole proprietorship.
E) clinic.

Question 61

When three or more physicians share the collective income, expenses, facilities, equipment, records, and personnel, they have formed a(n) ________ practice.

Question 62

When two or more physicians practice together, they may form a(n) ________ based on a legal contract specifying the rights, obligations, and responsibilities of each physician.

Question 63

When you enter an exam room without knocking, you commit the intentional tort of invasion of ________.

Question 64

In the late 1930s, Norman Baker bought a hotel in Arkansas and opened a cancer hospital. He advertised "guaranteed" cures without surgery, although such cures did not exist. This was an example of the intentional tort of ________.

Question 65

A criminal act that is punishable by death or by imprisonment in a state or federal prison for more than 1 year is a(n) ________.

Question 66

People who are under the age of majority (generally under the age of 18) are referred to as ________.

Question 67

A crime that is punishable by a fine or imprisonment in a facility other than a federal prison for 1 year or less is known as a(n) ________.

Question 68

Open threat of bodily harm to another is the intentional tort of ________.

Question 69

Making public statements about a person that are false and malicious is ________ of character.

Question 70

The core of the HIPAA Privacy Rule is the protection, use, and disclosure of ________ health information, which is individually identifiable health information.

Question 71

If Mr. Harris rolls up his sleeve when you tell him you would like to take his blood pressure, he is giving implied ________.

Question 72

Improper use of or breach of ________ of medical records is an example of invasion of privacy.

Question 73

The practice of controlling risk is called risk ________.

Question 74

In order to avoid financial losses due to lawsuits filed against them, physicians can purchase professional _________coverage.

Question 75

Preventing a patient from leaving a facility is the intentional tort of false ________.

Question 76

The Patient Care Partnership is a list of standards that patients can expect in healthcare and is required by ________ to be posted in hospitals.

Question 77

In order to provide ________ consent, a patient must receive all information relative to his or her condition and be able to make a decision about consent based on that knowledge.

Question 78

Any bodily contact made without permission is called ________.

Question 79

The office supervisor signs a lease for the office copier and fax machine. The lease is an example of a(n) ________ contract.

Question 80

The HIPAA ________ Rule specifies how patient information is protected on computer networks, the Internet, storage media, and extranets.