Question 1

A breach of duty owed directly to a patient by a hospital is best described as _____ negligence.

Accepted Answer

Corporate negligence refers to a situation where a hospital or healthcare organization itself is found to be directly at fault for a breach of duty owed to a patient, rather than through the actions of individual employees or professionals.

Question 2

Res ipsa loquitur is translated as _____.

Accepted Answer

Res ipsa loquitur is a legal principle that means "the thing speaks for itself." It is used in cases where the occurrence of an accident or injury implies that the defendant was negligent, and the plaintiff does not need to provide direct evidence of negligence.

Question 3

Vicarious liability applies when the _____.

Accepted Answer

Vicarious liability holds an employer or healthcare facility responsible for the negligent actions of their employees, such as a nurse's actions. Therefore, option A is the correct choice. Option B is not an example of vicarious liability, as it involves the patient's own actions or negligence. Option C involves a physician with privileges at a facility, but does not necessarily involve vicarious liability as it depends on the specific circumstances of the malpractice claim. Option D involves a defective product provided by a vendor, which may lead to product liability but not vicarious liability.

Question 4

The physician-patient relationship is established when the patient _____.

Accepted Answer

The physician-patient relationship is established when the patient requests health care and the physician agrees to render health care. This creates a legally binding contract between the two parties, with the physician owing a duty of care to the patient. The other options (A, B, and C) do not accurately reflect the establishment of the physician-patient relationship.

Question 5

Federal legislation that specifically addresses the release of protected health information is called _____.

Accepted Answer

HIPAA (Health Insurance Portability and Accountability Act) is a federally enacted legislation that includes measures for the protection of patient privacy and the confidentiality of personal health information.

Question 6

Punitive damages may be awarded _____.

Accepted Answer

Punitive damages are awarded above and beyond actual damages as a way to punish the defendant for outrageous or malicious behavior.

Question 7

Under the theory of failure to warn, the psychotherapist _____.

Accepted Answer

Under the theory of failure to warn, psychotherapists have a duty to warn an intended victim if the patient expresses the intent to do harm. This duty arises when the therapist believes that the patient presents a serious risk of violence or harm to a specific person or persons, and the therapist must take reasonable steps to protect the potential victim(s). This duty can also extend to alerting law enforcement or other relevant authorities. Failure to warn can result in liability for the therapist.

Question 8

Respondeat superior is associated with _____.

Accepted Answer

Respondeat superior is a legal doctrine that holds an employer or principal (such as a corporation) responsible for the wrongful acts of an employee or agent committed within the scope of their employment or agency. This is also known as vicarious liability. Therefore, the correct answer is D.

Question 9

COBRA is the abbreviation for _____.

Accepted Answer

COBRA stands for Consolidated Omnibus Budget Reconciliation Act. The Act gives workers the right to continue their health insurance benefits for a limited time after they lose their job or become eligible for certain other events that cause them to lose their health insurance.

Question 10

The first step to establishing liability is that _____.

Accepted Answer

The first step to establishing liability is to establish a relationship between the healthcare provider and the patient. Without this relationship, there can be no legal claim for negligence or malpractice. Once the relationship is established, the patient must have sustained an injury and received negligent care for it to establish liability. Identification of an error by a risk manager or licensure of the healthcare provider by the state are not the initial steps in establishing liability, but they may be relevant later in the process.

Question 11

An intentional tort may include a(n) _____.

Accepted Answer

An intentional tort is a deliberate act that causes harm or injury to another person. Assault is considered an intentional tort, as it involves intentionally causing fear or apprehension of harmful or offensive contact.

Answer: B) failure to warn
 Failure to warn is also considered an intentional tort, as it involves intentionally neglecting to provide warning or information to prevent harm to others, which results in injury or harm being caused.

Option C) Negligence is not an intentional tort, It is considered an unintentional tort, where the defendant is accused of failing to exercise reasonable care, resulting in harm or injury to the plaintiff.

Option D) Vicarious liability is not a type of tort. It refers to a situation where one person is held responsible for the actions of another, such as an employer held liable for the actions of their employee.

Question 12

The anti-dumping law is abbreviated as _____.

Accepted Answer

The answer of The anti-dumping law is abbreviated as _____.
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Question 13

Expert testimony is used in a malpractice case to _____.

Accepted Answer

Expert testimony in a malpractice case is used to establish whether or not there was a breach in the standard of care. This testimony is given by someone who is an expert in the same field as the healthcare provider who is being sued. The expert will review the case and provide an opinion as to whether the healthcare provider failed to provide the appropriate level of care.

Question 14

Res ipsa loquitur is a type of _____ tort.

Accepted Answer

Res ipsa loquitur is a type of nonintentional tort which translates to "the thing speaks for itself". It is used when an injury occurs and the circumstances surrounding the injury strongly suggest that the defendant was, more likely than not, negligent. However, the plaintiff cannot prove negligence directly. Therefore, the burden of proof is shifted to the defendant to prove that they were not negligent.

Question 15

Malpractice refers to _____.

Accepted Answer

Malpractice specifically refers to professional misconduct, which can include negligence but also involves other breaches of duty and ethical violations. Assault and battery refer to intentional harm, which is not necessarily the same as malpractice.

Question 16

The unauthorized acquisition, access, use or disclosure of protected health information, which compromises the privacy or security of such information is called _____.

Accepted Answer

Breach of confidentiality refers to the unauthorized acquisition, access, use or disclosure of protected health information that compromises the privacy or security of such information. Corporate negligence refers to the failure of an organization to fulfill its duty of care towards its employees or customers. Failure to warn and intentional tort are not directly related to the unauthorized access or disclosure of protected health information.

Question 17

A hospital-patient relationship is established when a patient _____.

Accepted Answer

A hospital-patient relationship is established when a patient presents voluntarily for care or in an emergency situation. Asking for a referral or calling for information does not necessarily indicate a relationship with a specific hospital or physician. Receiving and processing a bill for services provided does not establish a relationship, but rather confirms an existing one.

Question 18

Damages awarded to make the plaintiff whole are referred to as _____.

Accepted Answer

Actual damages are awarded to compensate the plaintiff for their actual losses, such as medical expenses or lost wages. Exemplary, punitive, and nominal damages serve different purposes, such as punishing the defendant or making a statement about the importance of certain rights.

Question 19

Nominal damages are awarded to _____.

Accepted Answer

The answer of Nominal damages are awarded to _____.
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Question 20

Under res ipsa loquitur the _____.

Accepted Answer

Under res ipsa loquitur, it is presumed that the provider had exclusive control over the instrument involved in the injury. This means that the injury was likely caused by the provider's negligence and the burden of proof shifts to the provider to show otherwise.

Quiz 4: Principles of Liability