Question 1

Which of the following are considered intentional torts?
1) Negligent practice
2) Assault and battery
3) Defamation of character
4) Invasion of privacy

Accepted Answer

Intentional torts are deliberate acts that cause harm to another person. Assault and battery, defamation of character, and invasion of privacy are all examples of intentional torts. Negligent practice, however, is not considered an intentional tort because it involves a lack of intent to cause harm, typically arising from a failure to exercise a reasonable standard of care.

Question 2

What are the economic damages that can be imposed on a defendant during a negligence lawsuit?
1) Loss of employment or business opportunities
2) Loss of use of property
3) Loss of past and future earnings

Accepted Answer

During a negligence lawsuit, economic damages that can be imposed on the defendant include loss of employment or business opportunities, loss of use of property, and loss of past and future earnings. All three options are included in choice A.

Question 3

A physician specifies an incorrect dose in a prescription for a powerful bronchodilator drug to be given to an asthmatic patient. When the respiratory therapist gives the prescribed dose, the patient suffers a fatal response and dies. Based on the principle of duty, against whom could a suit of negligence be brought?
1) Respiratory therapist
2) Attending physician
3) Dispensing pharmacist

Accepted Answer

All parties involved (respiratory therapist, attending physician, and dispensing pharmacist) have a duty of care to ensure the correct dosage is administered. Negligence could be claimed against each for failing to fulfill their respective responsibilities.

Question 4

What conditions are necessary to incur liability under the doctrine of respondeat superior?
1) The injury caused must be the result of an act of negligence.
2) The act must occur within the subordinate's scope of employment.
3) The act must involve willful intent on the part of the subordinate.

Accepted Answer

Under the doctrine of respondeat superior, an employer is held responsible for the actions of their employees. For liability to be incurred, two conditions must be met:
1) The injury caused must be the result of an act of negligence.
2) The act must occur within the scope of employment of the subordinate. 
Willful intent is not necessary for liability to be incurred. Therefore, the correct choice is A) 1 and 2 only.

Question 5

A nurse who practices below a reasonable standard of care is committing what type of malpractice?

Accepted Answer

Civil malpractice is negligence or practice below a reasonable standard.

Question 6

HIPAA is primarily referred to as the Privacy Rule and is concerned with PHI. What do the letters PHI stand for?

Accepted Answer

The letters PHI stand for protected health information.

Question 7

In tort law, what is "proximate causation"?

Accepted Answer

Proximate causation or legal causation usually turns on foreseeability and whether it is fair to impose damages on a defendant. It tends to be a retrospective analysis.

Question 8

When a practitioner performs a procedure that involves physical contact without the patient's consent, it can result in what charge?

Accepted Answer

The major element of battery is physical contact without consent.

Question 9

Which of the following are necessary to validate a claim of professional negligence?
1) The practitioner owed a duty to the patient.
2) The practitioner was derelict with that duty.
3) The breach of duty was the direct cause of damages.
4) Damage or harm came to the patient.

Accepted Answer

In order to validate a claim of professional negligence, it must be shown that the practitioner had a duty to the patient (1), that they were derelict in that duty (2), and that this breach of duty was the direct cause of damages (3). Finally, it must also be shown that the patient suffered harm or damages as a result of the practitioner's negligence (4). All four elements are necessary to establish a claim of professional negligence.

Question 10

If a respiratory therapist refers a Medicare patient to a particular home care company and receives a finder's fee in return, this is an example of:

Accepted Answer

Generally, these statutes state that anyone who knowingly or willfully solicits, receives, offers, or pays directly or indirectly any remuneration in return for Medicare business is guilty of a criminal offense.

Question 11

What legal doctrine holds superiors responsible for the actions of their workers?

Accepted Answer

The legal framework for this liability is found in the principle respondeat superior ("let the master answer").

Question 12

A physician who participates in active euthanasia is committing what type of malpractice?

Accepted Answer

Criminal malpractice includes crimes such as assault and battery or euthanasia (handled in criminal court).

Question 13

In a case of professional negligence, all of the following are required to support a claim of res ipsa loquitur except:

Accepted Answer

The legal principle res ipsa loquitur ("the thing speaks for itself") may apply. Res ipsa loquitur is sometimes invoked to show that the harm would not ordinarily have happened if those in control had used appropriate care.

Question 14

A respiratory therapist who engages in a questionable business practice is committing what type of malpractice?

Accepted Answer

Questionable business practice is an example of ethical malpractice.

Question 15

How can ethical obligations be used in legal proceedings?

Accepted Answer

In addition to the moral obligations that ethical duties impose on therapists, ethical obligations are also often cited in legal proceedings as a tool of cross examination.

Question 16

What is the role of the corporate compliance officer (CCO) in a health care setting?

Accepted Answer

CCOs are appointed by the board of directors, oversee the hospital's business practices, and make sure that they conform to the law. They are freely available to discuss legal or ethical issues arising in the course of care.

Question 17

Which of the following is not a common element in a professional practice act?

Accepted Answer

Some practice acts emphasize one area over another but most acts address the following elements:

Question 18

Which of the following are legitimate defenses against an intentional tort?
1) Lack of intent to harm the patient
2) Performance of ordinary procedures
3) Informed consent given by patient

Accepted Answer

The answer of Which of the following are legitimate defenses...

Question 19

What can be effective tools in preventing malpractice litigations?
1) Active risk management practices
2) Appropriate guest relations policies
3) Continuing education and certifications for facility maintenance staff
4) Having supervisors on every shift

Accepted Answer

Active risk management practices and appropriate guest relations policies can help prevent malpractice litigations by identifying potential risks and maintaining good communication with clients.

Question 20

What is the term for a civil wrong committed against an individual or property, for which a court provides a remedy in the form of damages?

Accepted Answer

A tort is a civil wrong, other than a breach of contract, committed against an individual or property, for which a court provides a remedy in the form of an action for damages.

Quiz 5: Ethical and Legal Implications of Practice

Which of the following are considered intentional torts? 1) Negligent practice 2) Assault and battery 3) Defamation of character 4) Invasion of privacy

What are the economic damages that can be imposed on a defendant during a negligence lawsuit? 1) Loss of employment or business opportunities 2) Loss of use of property 3) Loss of past and future earnings

What conditions are necessary to incur liability under the doctrine of respondeat superior? 1) The injury caused must be the result of an act of negligence. 2) The act must occur within the subordinate's scope of employment. 3) The act must involve willful intent on the part of the subordinate.