Deck 5: Professional Liability and Medical Malpractice

Question 1

A medical assistant who is recording data in a patient's medical record maintains confidentiality at all times. Which of the following describes this practice?

A) not allowing the patient to see the medical record
B) not conferring with other health care professionals about the patient
C) not releasing patient information to unauthorized individuals
D) releasing patient information to unauthorized individuals
E) releasing information to the insurance company

Answer 1

not releasing patient information to unauthorized individuals

Question 2

A physician working in a nursing home warns the residents of an outbreak of a communicable disease and takes measures to protect them from exposure. This is an example of what principle?

A) standard of care
B) reasonable person care
C) reasonable person standard
D) duty of care
E) performance standard

Answer 2

duty of care

Question 3

The family of a patient sues for wrongful death when the patient's death was judged to have been due to the negligence of the health care practitioners. What might the family collect from a settlement of this case?

A) an award to punish the health care provider
B) an award totaling one year of earnings of the deceased
C) an award covering medical costs for the patient
D) an award providing health care for the family
E) an award for the loss to the patient's estate for future earnings

Answer 3

an award for the loss to the patient's estate for future earnings

Question 4

Those damages awarded by the court to punish the defendant are called:

A) general compensatory
B) consequential
C) special compensatory
D) punitive
E) nominal

Question 5

Which of the following is not a violation of patient confidentiality?

A) While the patient is in the waiting room, a nurse tells a patient his diagnosis.
B) Medical assistants are discussing a patient by name outside the exam room.
C) A nurse leaves a detailed message about his/her diagnosis on the patient's voice mail.
D) A radiology technician discusses with the patient results of the x-rays.
E) An office clerk calls a patient by name at the check-out desk.

Question 6

The definition of liability is:

A) the legal responsibility of competent adults for their own acts
B) applied only to on-the-job acts
C) duty of care
D) standard of care
E) confidentiality

Question 7

A patient is properly cared for by the nurse practitioner. Which of the following describes one of the elements that the nurse practitioner has successfully met?

A) dereliction
B) defense
C) damages
D) direct cause
E) duty

Question 8

A patient was harmed when the oxygen tank she was using exploded. When filing a lawsuit, what type of damages might this patient be awarded?

A) general compensatory
B) consequential
C) special compensatory
D) punitive
E) nominal

Question 9

If a patient is injured because a health care professional failed to exercise the care and expertise that under the circumstances could reasonably be expected of a professional with similar experience and training, then that professional may be liable for

A) standard of care.
B) fraud.
C) reasonable person standard.
D) duty of care.
E) negligence.

Question 10

The failure to act when one should is called:

A) malfeasance
B) nonfeasance
C) damages
D) dereliction
E) misfeasance

Question 11

In a hospital, a certain standard of care is expected of health care practitioners. Which of the following best describes this concept?

A) legal responsibility
B) minimum care as needed
C) an expected level of performance
D) obligation to care
E) reasonable person standard

Question 12

A physician is a specialist in obstetrics. Which of the following is true regarding the standard of care expected of this physician?

A) The physician will be held to the same standard of care as a general practitioner.
B) The physician will be held to the same standard of care as other obstetricians.
C) The physician will be held to a lower standard of care than a gynecologist.
D) The physician will be held to the same standard as a gynecologist.
E) The physician will be held to a standard of care only for direct patient contact.

Question 13

A surgeon removes the wrong kidney from a patient. The patient can sue under which of the following legal doctrines?

A) res judicata
B) respondeat superior
C) res ipsa loquitur
D) caveat emptor
E) qui tam

Question 14

A patient's mammogram is reviewed and the radiologist reports a normal exam. Six months later, the patient finds a lump in her breast. The patient has a lumpectomy and makes a full recovery. It was determined that the mass was present and visible in the original mammogram. The patient sued claiming mental anguish. What type of damages might she be awarded?

A) general compensatory
B) consequential
C) special compensatory
D) punitive
E) nominal

Question 15

A medical assistant takes universal precautions while drawing blood for analysis. This is an example of:

A) standard of care
B) reasonable person care
C) reasonable person standard
D) duty of care
E) performance standard

Question 16

Which of the following is an example of a privileged communication?

A) A patient tells her physician that she uses illegal drugs.
B) A custodian speaks with a nurse about a problem with a disinfectant.
C) Parents discuss treatment options for their child who has autism.
D) A nurse practitioner explains a procedure to a patient.
E) An office clerk calls a patient by name at the check-out desk.

Question 17

A provider breaches duty of care to a patient. This element of negligence is defined as:

A) malfeasance
B) nonfeasance
C) damages
D) dereliction
E) misfeasance

Question 18

As employers, physicians have general liability for many aspects of their business. Which of the following does not fall under the responsibility of the employers?

A) the practice's buildings and grounds
B) automobiles used in the practice
C) employee safety
D) employees driving to and from the workplace
E) building damage due to bad weather

Question 19

According to Physician's Weekly, which of the following medical specialties is most likely to be sued?

A) general surgery
B) internal medicine
C) ob/gyn
D) orthopedics
E) oncology

Question 20

A physician working in an emergency room is obligated to treat all the patients who come through the door. This is an example of which of the following concepts?

A) standard of care
B) duty of care
C) reasonable person standard
D) reasonable person care
E) performance standard

Question 21

All of the following guidelines are in place to help health care practitioners stay within their scope of practice and operate within the law except:

A) following an employer's established policies dealing with the health care contract
B) maintaining and disposing of regulated substances in compliance with government guidelines
C) maintaining confidentiality
D) documenting care accurately for a fellow medical assistant
E) practicing within the scope of your training and education

Question 22

In an informal proceeding of arbitration, each side presents evidence and witnesses. In the dispute resolution method referred to as med-arb, who resolves the dispute if the two parties are unable to reach an agreement after mediation?

A) the mediator
B) the jury
C) the judge
D) the court
E) arbitrator

Question 23

Some states require mediation and/or arbitration for certain civil cases, while in other states alternative dispute resolution methods are voluntary. Under the terms of a written contract, who chooses an arbitrator?

A) both parties
B) the defendant
C) the plaintiff
D) the American Mediation Association
E) the American Arbitration Association

Question 24

Alternative dispute resolution has become increasing popular over the years. What is the reason for this increase?

A) shortage of attorneys to represent clients
B) ease of proceedings
C) better overall results
D) overcrowding of court calendars
E) shortage of court rooms to hold trials

Question 25

A plea made for a case to be reviewed by the higher court occurs in the ________ phase of a lawsuit.

A) trial
B) interrogatories
C) appeal
D) mediation
E) pre-trial

Question 26

When no written contract exists, who chooses an arbitrator to resolve disputes?

A) The American Arbitration Association
B) The two parties select an arbitrator and the two arbitrators select a third to act.
C) The two parties select an arbitrator and the court decides.
D) The court selects an arbitrator of its choosing.
E) Arbitration

Question 27

A(n) ______________ is issued by the clerk of the court and is delivered with a copy of the complaint to the defendant.

A) trial
B) summons
C) appeal
D) interrogatory
E) mediation

Question 28

A jury is selected in the ________ stage of a lawsuit.

A) trial
B) interrogatories
C) appeal
D) pre-trial
E) mediation

Question 29

What is the difference between a subpoena and subpoena duces tecum?

A) There is no difference.
B) Subpoena duces tecum is just an old fashioned term for subpoena.
C) A subpoena duces tecum requires that documents and records be brought to court.
D) A subpoena requires that an individual appear in court.
E) A subpoena requires that an individual serve on the jury.

Question 30

Instead of going to court, two parties in dispute agree to a neutral third party listening to both sides of the argument and helping to resolve the dispute. What is the term for this type of dispute resolution?

A) med-arb
B) discovery
C) pleadings
D) arbitration
E) mediation

Question 31

A deposition may be taken in which phase of the lawsuit?

A) trial
B) jury selection
C) pleadings
D) summons
E) interrogatories