Deck 14: Comprehensive Exam

Question 1

Professional liability is covered under what branch of law?

A) Civil law
B) Criminal law
C) Administrative law
D) Constitutional law
E) Probate law

Answer 1

Civil law

Question 2

Ways to avoid a malpractice suit include all of the following except

A) acting within your scope of practice.
B) providing training for staff members after they have completed their professional education.
C) prescribing medications over the telephone only for patients who you know well.
D) never making a promise of a cure.
E) identifying all patients by name even if you know who they are.

Answer 2

prescribing medications over the telephone only for patients who you know well.

Question 3

Vesting occurs when

A) an employee leaves a company.
B) an employee obtains a medical leave of absence.
C) an employee waives his or her rights to receive benefits.
D) the employee completes 10 years of employment.
E) none of the above.

Answer 3

the employee completes 10 years of employment.

Question 4

The purpose for the statute of limitations is to

A) provide a fixed period of time or a deadline for initiating a legal action.
B) protect the physician from a lawsuit.
C) place a cap on the amount of money awarded in a malpractice lawsuit.
D) protect the physician from frivolous lawsuits.
E) none of the above.

Question 5

A nurse who provides support for a physician-employer's felonious action

A) is innocent under the doctrine of respondeat superior.
B) may still be liable even though covered under the doctrine of respondeat superior.
C) is acting within the scope of practice for a nurse.
D) is supportive of the bond between an employer and employee and thus not guilty of the felony.
E) should countersue his or her employer.

Question 6

Which of the following is not considered one of the four Ds of negligence?

A) Duty.
B) Disability.
C) Dereliction.
D) Damages.
E) Direct cause.

Question 7

The legal nature of a physician-patient relationship is considered to be

A) in loco parentis.
B) an agent.
C) respondeat superior.
D) a contract.
E) a felony.

Question 8

Spoken words about a person that bring injury to his or her reputation is called

A) assault.
B) slander.
C) libel.
D) feasance.
E) b and c.

Question 9

The authority that can revoke or suspend a physician's medical license is the

A) U.S. Department of Education.
B) federal government.
C) state medical board that granted the license.
D) National Board Medical Examination.
E) American Medical Association.

Question 10

An institutional review board oversees violations of

A) the Equal Employment Opportunity Act.
B) the Civil Rights Act of 1991.
C) research in hospitals or universities.
D) OSHA.
E) the Fair Labor Standards Act.

Question 11

A physician who removes a patient's appendix, without permission, during a surgical procedure for a hysterectomy for which he or she had permission commits a/an

A) invasion of privacy.
B) assault and battery.
C) misdemeanor.
D) professional courtesy.
E) none of the above.

Question 12

The elements of a contract are

A) consideration.
B) an offer.
C) acceptance.
D) that both parties are competent.
E) all of the above.

Question 13

The Human Genome Project

A) is funded by the federal government.
B) relates to court-appointed guardians for minors.
C) maps the sequence of chromosomes.
D) studies the gestational period of a pregnancy.
E) a and c.

Question 14

The medical record is

A) a legal document.
B) owned by the physician.
C) owned by the patient.
D) immune to subpoena.
E) a and b.

Question 15

Which of the following situations is a reason for the revocation of a physician's license?

A) receiving drug samples from pharmaceutical companies
B) reporting unethical conduct of another physician
C) refusal to accept a new patient
D) betrayal of patient confidentiality
E) acquittal of a crime

Question 16

Any physician who administers a controlled substance must register with the

A) Bureau of Narcotics and Dangerous Drugs.
B) Food and Drug Administration.
C) Drug Enforcement Administration.
D) Employee Assistance Program.
E) none of the above.

Question 17

A method for resolving a civil dispute that does not involve going to court is called

A) an affirmative defense.
B) claims-made insurance.
C) an alternative dispute resolution.
D) a settlement.
E) c and d.

Question 18

An example of res ipsa loquitur is

A) a surgeon leaving a surgical sponge in a patient.
B) excessive vomiting after receiving a dose of ipecac.
C) intestinal bleeding shortly after receiving a large dose of aspirin.
D) an inability to flex an arm after having blood drawn.
E) all of the above.

Question 19

The employer identification standard is

A) used for purposes of writing prescriptions for controlled substances.
B) based on an employer's tax ID number.
C) based on an EIN.
D) b and c.
E) all of the above.

Question 20

When a patient's reputation is injured as a result of a statement made to another person about a patient's medical condition, this is called

A) libel.
B) slander.
C) embezzlement.
D) discovery.
E) stare decisis.

Question 21

The punishment in a civil case is often

A) a fine.
B) imprisonment.
C) death penalty.
D) the revocation of a license.
E) all of the above.

Question 22

Ethics refers to

A) right and wrong.
B) just and unjust.
C) fair and unfair.
D) good and bad.
E) all of the above.

Question 23

A coroner's report must be filed for the death

A) occurring in a hospital setting.
B) from a gunshot wound.
C) of an elderly person with dementia.
D) of a cancer patient who dies in a hospice.
E) all of the above.

Question 24

Good Samaritan laws encourage

A) lawsuits.
B) insurance fraud.
C) healthcare professionals to provide aid in emergency situations.
D) onlookers to stop at an auto accident.
E) none of the above.

Question 25

An informed consent must be signed for all of the following except

A) chemotherapy.
B) electroconvulsive therapy.
C) minor surgery.
D) organ donation.
E) all of the above.

Question 26

An informed consumer should do all the following except

A) self-medicate with over-the-counter medications whenever possible.
B) store medications away from children.
C) carry a list of all medications being taken.
D) read the label every time a medication is taken.
E) all of the above.

Question 27

A contract is not valid if

A) it is not in writing.
B) the patient does not have a complete understanding of all parts of it.
C) there is nothing offered by the patient in return.
D) b and c.
E) a, b, and c.

Question 28

The licensure examination for a nurse is the

A) FACP.
B) FACS.
C) FLEX.
D) NCLEX.
E) none of the above.

Question 29

The privacy rule of HIPAA went into effect in

A) 1996.
B) 2001.
C) 2003.
D) 2008.
E) It has not gone into effect yet.

Question 30

Prescription pads should

A) be readily available in every exam room for the physician's use.
B) not be left in exam room.
C) be kept in the physician's locked car.
D) be kept in a physician's locked bag.
E) b and d.

Question 31

Negligent wrongs can be the result of a/an

A) omission of an action.
B) performance of an illegal action.
C) incorrect performance of a legal action.
D) a and c only.
E) a, b, and c.

Question 32

One of the most common contracts used in the medical office is a/an

A) subpoena.
B) signed contract.
C) implied contract.
D) living will.
E) Anatomical Uniform Gift Act.

Question 33

Consent is implied by law

A) in an emergency when a patient cannot give it.
B) when a patient reaches out an arm for the blood pressure cuff to be applied.
C) when a patient puts on a patient gown for a physical examination.
D) a and b only.
E) a, b, and c.

Question 34

Physicians need to have a

A) license in the state in which they are practicing.
B) partner who can accept responsibility for patient care.
C) small amount of medical insurance if they practice careful medicine.
D) a and c.
E) a, b, and c.

Question 35

Physicians can refuse to do all of the following except

A) perform abortions.
B) treat AIDS patients.
C) accept new patients.
D) treat emergency patients.
E) b and d.

Question 36

To take a blood sample without the consent of the patient, except in the case of an emergency, is

A) invasion of privacy.
B) assault.
C) battery.
D) false imprisonment.
E) all of the above.

Question 37

Good charting means

A) that subjective statements should be included
B) if it was not charted, it was not done
C) that the patient's statements should not be included
D) that medical records should be updated every month
E) all of the above.

Question 38

The medical insurance industry has

A) no influence on the type of healthcare provided to a patient.
B) increased influence during the past several decades.
C) demanded to play a decreased role in the patient's healthcare.
D) influenced a significant decrease in medical malpractice insurance costs.
E) none of the above.

Question 39

If the patient does not grant consent before a medical procedure, there is a/an

A) libel action.
B) arraignment.
C) tort.
D) case law.
E) none of the above.

Question 40

Healthcare professionals should

A) discuss a patient's medical condition with others as often as possible to gain other perspectives about the patient.
B) never promise a cure.
C) avoid contact with the patient's family members.
D) hide when a process server attempts to serve the physician with a subpoena.
E) none of the above.

Question 41

Withholding life-sustaining treatment is often easier than

A) signing a living will.
B) developing a durable power of attorney for healthcare.
C) withdrawing life-sustaining treatment.
D) a and b only.
E) a, b, and c.

Question 42

Sympathy is the emotion of

A) putting oneself in another's place.
B) anger.
C) denial.
D) pity.
E) fear.

Question 43

A fetus is considered viable

A) between the 2^nd and 12^th week after conception.
B) during the second trimester.
C) when it is able to survive outside of the uterus womb).
D) only after 9 months of gestation.
E) none of the above.

Question 44

Individual medical personnel can

A) provide medical advice to a patient if they are knowledgeable.
B) advise patients to change physicians if they are dissatisfied with their current physician, even if the physician is his or her employer.
C) be sued as well as their employer.
D) always be protected from lawsuits under the doctrine of respondeat superior.
E) a, b, and d.

Question 45

The practical application of ethics to medical dilemmas is

A) medical law.
B) arbitration.
C) arraignment.
D) acquittal.
E) applied ethics.

Question 46

A viatical settlement is

A) illegal.
B) immoral.
C) handled by an insurance company.
D) not always beneficial to the patient.
E) c and d.

Question 47

A term used to refer to heart and lung function is

A) EEG.
B) cardiopulmonary.
C) brain death.
D) rigor mortis.
E) passive euthanasia.

Question 48

A procedure in which a donor's sperm is inserted into a woman's uterus is

A) illegal.
B) unethical.
C) immoral.
D) AID.
E) all of the above.

Question 49

Under HIPAA, a physician can

A) supply medical records to another physician if the patient has provided written permission.
B) supply medical records to a consulting physician without the patient's permission as a stipulation of medical etiquette.
C) refuse to provide an accounting of to whom the healthcare information is given.
D) insist on contacting the patient only at his or her home telephone number.
E) none of the above.

Question 50

A terminally ill patient

A) can benefit from curative care.
B) can benefit from palliative care.
C) has little hope of recovery.
D) can legally negotiate an assisted suicide in most states.
E) b and c.

Question 51

A spouse

A) must be informed about an abortion.
B) cannot determine when to remove life support without the written consent of the patient.
C) has no rights in the case of a wrongful death suit brought on behalf of his or her deceased spouse.
D) a, b, and c.
E) none of the above.

Question 52

The FDA can inspect

A) narcotic drug records of hospitals.
B) narcotic drug records of physicians.
C) the distribution of drugs throughout the United States.
D) a and b only.
E) a, b, and c.

Question 53

An example of res judicata is

A) a situation in which the statute of limitations has run out.
B) when the breach of duty is so obvious that it does not need further explanation, as, for example, when a surgeon leaves a surgical instrument inside a patient.
C) when a jury decides in favor of the defendant, then the plaintiff cannot bring a new lawsuit on the same charge against the defendant.
D) when a nursing assistant improperly connects the seat of a lift device but caused no harm to the patient.
E) none of the above.

Question 54

A procedure to test for genetic defects in which a needle is used to withdraw a small amount of the fluid surrounding the fetus is called

A) gene therapy.
B) eugenics.
C) amniocentesis.
D) a felony.
E) a tort.

Question 55

The medical record is privileged communication with the right of privilege belonging to the

A) medical insurer.
B) physician.
C) patient.
D) all of the above.
E) none of the above.

Question 56

Informed consent means

A) a physician must tell the patient about the risks of having a procedure.
B) a physician must tell the patient about the risks of not having the procedure.
C) giving the patient a set of instructions to read.
D) having a knowledgeable staff member provide patient instructions.
E) a and b.

Question 57

A living will is

A) mandated by the Age Discrimination Act.
B) voluntary.
C) required for employees of the federal government.
D) b and c.
E) none of the above.

Question 58

An example of respondeat superior is when

A) an employer accepts responsibility for an unintentional error made by an employee.
B) an employer accepts partial responsibility for an intentional error made by an employee.
C) an employee is an agent of the employer.
D) a and b only.
E) a, b, and c.

Question 59

A neglect of understanding between two parties is a

A) breach of duty.
B) dereliction of duty.
C) direct cause.
D) a and b.
E) proximate cause.

Question 60

The proper method for correcting an error on a medical record is to

A) use high-quality white-out fluid.
B) erase the error and write in the correction.
C) draw a thick, dark line through the error and write the correction underneath it.
D) draw a thin line through the error, write the correction above the error, and initial the change.
E) none of the above.

Question 61

A lawsuit is also called

A) an arraignment.
B) litigation.
C) a subpoena.
D) an acquittal.
E) an indictment.

Question 62

A form of consequence-based ethics is

A) rights-based ethics.
B) virtue-based ethics.
C) interpersonal ethics.
D) utilitarianism.
E) none of the above.

Question 63

Sexual harassment, as defined in the Equal Employment Opportunity Commission guidelines, includes all of the following except

A) submission to sexual advances is made an explicit condition of a person's employment.
B) submission to sexual advances is made an implicit condition of a person's employment.
C) sexual advances have the effect of interfering with an individual's work performance.
D) a and c only.
E) a, b, and c.

Question 64

Numbers concerning events or facts from a person's life are called

A) data.
B) confidential.
C) vital statistics.
D) government regulated.
E) c and d.

Question 65

Summary statements made by the attorneys for the plaintiff and the defendant are called

A) checks and balances.
B) closing arguments.
C) conscience clauses.
D) covered entities.
E) censure.

Question 66

The three-step ethics model has a person ask all of the following questions except

A) Is it ethical?
B) Is it legal?
C) Is it balanced?
D) How does it make me feel if I do it?
E) None of the above.

Question 67

Professional misconduct on the part of a physician might include all of the following except

A) conviction of a felony.
B) physical abuse of a patient.
C) impaired ability to practice medicine.
D) drug abuse and insufficient record keeping.
E) all of the above.

Question 68

Law that is based on decisions made by judges is called

A) common law.
B) constitutional law.
C) case law.
D) criminal law.
E) a and c.

Question 69

Defamation of character can result from

A) libel.
B) slander.
C) gossip.
D) making true statements about another person.
E) all of the above.

Question 70

The term bio, as in bioethics, means

A) biology.
B) death.
C) life.
D) medicine.
E) none of the above.

Question 71

Under HIPAA, covered entities include all of the following except

A) life insurance companies.
B) patients.
C) public health authorities.
D) universities.
E) all of the above.

Question 72

Adherence to one's principles is said to be an example of

A) ethics.
B) integrity.
C) applied ethics.
D) professionalism.
E) all of the above.

Question 73

Illegal actions are almost always

A) unethical.
B) obvious.
C) hidden.
D) a and b only.
E) a and c only.

Question 74

An enforceable agreement between two or more persons to do or not to do something is called a/an.

A) conflict.
B) contract.
C) common law.
D) administrative law.
E) b and d.

Question 75

Inviolable rights and privileges of people are covered under

A) constitutional law.
B) contract law.
C) common law.
D) case law.
E) administrative law.

Question 76

The study of rules or actions determined by an authority that have a binding effect on a person's actions is called

A) law.
B) ethics.
C) bioethics.
D) a and b only.
E) a, b, and c.

Question 77

Legislation that states that a hospital and healthcare employees are not required to assist with procedures such as sterilization is called

A) informed consent.
B) implied consent.
C) common law.
D) a conscience clause.
E) none of the above.

Question 78

A postmortem examination of organs and tissues to determine the cause of death is called

A) eugenics.
B) an autopsy.
C) genetics.
D) rigor mortis.
E) bioethics.

Question 79

The legal term stare decisis means

A) let the master answer.
B) the thing speaks for itself.
C) let the decision stand.
D) the thing has been decided.
E) none of the above.

Question 80

Persons who specialize in the field of bioethics are

A) lawyers.
B) physicians.
C) nurses.
D) bioethicists.
E) biologists.