Chapter 05
Legal and Ethical Issues
Multiple Choice Questions
1. | A ____ is a rule of conduct established and enforced by an authority or governing body, such as the federal government.
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2. | A healthcare professional who stops care without providing an equally qualified substitute can be charged with ____.
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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 |
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4. | 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?
B. | Durable power of attorney |
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5. | A written court order addressed to a specific person, requiring that person's presence in court at a specific time, is a(n) ____.
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6. | Which of the following is demonstrated when a patient's leg healed incorrectly because of the way the cast had been applied?
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7. | 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) ____.
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8. | 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) ____.
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9. | Malpractice lawsuits are part of ____ law.
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10. | An employee who is considered to be acting on the physician's behalf while performing professional tasks is ____.
E. | subpoena testificandum |
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11. | A licensed practitioner is said to have been ____ if a patient proves that the practitioner failed to comply with the standards of the profession.
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12. | An unlawful act or misconduct is ____.
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13. | 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 ____.
D. | inappropriate postoperative care |
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14. | The legal term res ipsa loquitur refers to cases in which the ____.
A. | patient has a previously existing condition |
B. | licensed practitioner’s mistake is completely obvious |
C. | patient has already filed a lawsuit |
D. | licensed practitioner’s error was caused by faulty record keeping |
E. | patient failed to follow medical advice |
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15. | It was discovered in the recovery room that the surgeon removed the left lung of a lung cancer patient scheduled to have the right lung removed. This is an example of which of the following?
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16. | A court order to produce documents is ____.
D. | subpoena testificandum |
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17. | ____ refers to failure to perform an act that is one's required duty or that is required by law.
E. | Subpoena testificandum |
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18. | 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 ____.
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19. | A physician reports a case of acquired immunodeficiency syndrome (AIDS) to the state. This is ____.
C. | the physician's public duty |
D. | lack of confidentiality |
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20. | 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 |
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21. | ____ refers to a lawful act that is done incorrectly.
E. | Subpoena testificandum |
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22. | The appropriate way for a patient to donate organs upon death is to ____.
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 |
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23. | The document established by the American Hospital Association that is a list of standards a patient can expect in healthcare is the ____.
B. | Code of Medical Ethics |
C. | Patient Care Partnership |
D. | Quality Assurance Program |
E. | informed consent document |
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24. | An example of a situation in which the patient automatically gives up the right to confidentiality is when a patient ____.
B. | is admitted to the hospital |
C. | has a terminal illness |
D. | chooses another physician |
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25. | 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. |
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26. | Which of the following created federal laws to protect healthcare workers from health hazards on the job?
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27. | ____ is considered a standard of behavior and a concept of right and wrong, beyond the legal consideration.
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28. | ____ are formed through the influence of the family, culture, and society, and serve as a basis for ethical conduct.
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29. | 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 ____.
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30. | When being called to appear and testify in a court of law, it is suggested that you ____.
A. | use the correct medical terms |
B. | maintain and use your sense of humor |
D. | answer only the question that is asked |
E. | refuse to answer questions that help the opposing side |
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31. | You can help prevent lawsuits by ____.
A. | telling the patients how billing will be handled only after treatment is complete |
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 |
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32. | Administration of an unauthorized injection constitutes which intentional tort(s)?
D. | Defamation of character |
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33. | Speaking in such a way as to negatively influence others against an individual is an example of
B. | defamation of character. |
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34. | The promise of "miracle cures" is an example of ____.
B. | defamation of character |
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35. | A licensed provider receives notice that a patient has filed a lawsuit for a fall in the office that happened over 10 years ago. It is likely that this lawsuit 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 |
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36. | Risk management includes all except which of the following?
A. | Reporting risks to OSHA |
C. | Identifying and tracking risk areas |
D. | Developing risk improvement plans |
E. | Performing risk assessments |
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37. | 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?
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 |
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38. | Ethical issues that arise related to medical advances are known as ____ issues.
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39. | Which of the following is an example of an implied contract?
B. | Housekeeping/maintenance contract |
D. | Making a medical appointment |
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40. | 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 |
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41. | Mrs. Higgins is in the office because of a severe sinus infection, and the licensed provider orders an antibiotic injection. Jerome, the medical 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. What is Jerome guilty of in this situation?
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42. | 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?
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43. | 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 |
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44. | 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 ____.
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45. | The National Practitioner Data Bank was established in 1986 by the ____.
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 |
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46. | 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 |
E. | Health Care Quality Improvement Act |
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47. | 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 |
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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. |
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49. | 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." |
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50. | Which of the following is a professional organization that defines ethical behavior for physicians in the Code of Medical Ethics: Current Opinions with Annotations?
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51. | Which medical practice model is referred to as a "solo practice"?
C. | Professional corporation |
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52. | A medical practice model that is authorized by state law to act as a single entity is a ____.
C. | professional corporation. |
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Fill in the Blank Questions
53. | Two types of law pertain to healthcare practitioners: criminal law and ________ law.
________________________________________ |
54. | When a healthcare practitioner fails to exercise ordinary care and the patient is injured, the practitioner may be charged with ________.
________________________________________ |
55. | One way to prevent medical malpractice is to be ________ in your skills and job knowledge.
________________________________________ |
56. | The Healthcare Quality Improvement Act of 1986 requires professional ________ review in an effort to improve medical care.
________________________________________ |
57. | The core of the HIPAA Privacy Rule is the protection, use, and disclosure of ________ health information, which is individually identifiable health information.
________________________________________ |
58. | The HIPAA ________ Rule specifies how patient information is protected on computer networks, the Internet, storage media, and extranets.
________________________________________ |
59. | When two or more licensed practitioners practice together, they may form a(n) ________ based on a legal contract specifying the rights, obligations, and responsibilities of each practitioner.
________________________________________ |
60. | When three or more physicians share the collective income, expenses, facilities, equipment, records, and personnel, they have formed a(n) ________ practice.
________________________________________ |
61. | 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 ________.
________________________________________ |
62. | Open threat of bodily harm to another is the intentional tort of ________.
________________________________________ |
63. | When you enter an exam room without knocking, you commit the intentional tort of invasion of ________.
________________________________________ |
64. | Any bodily contact made without permission is called ________.
________________________________________ |
65. | Making public statements about a person that are false and malicious is ________ of character.
________________________________________ |
66. | A breach of ________ when working with medical records is an example of invasion of privacy.
________________________________________ |
67. | Preventing a patient from leaving a facility is the intentional tort of ______________.
________________________________________ |
68. | In order to avoid financial losses due to lawsuits, it is advisable for all health professionals to purchase professional _________ coverage.
________________________________________ |
69. | The Patient Care Partnership is a list of standards that patients can expect in healthcare and is required by ________ to be posted in hospitals.
________________________________________ |
70. | The practice of controlling risk and preventing malpractice claims is called risk ________.
________________________________________ |
71. | If Mr. Harris rolls up his sleeve when you tell him you would like to take his blood pressure, he is giving implied ________.
________________________________________ |
72. | The office supervisor signs a lease for the office copier and fax machine. The lease is an example of a(n) ________ contract.
________________________________________ |
73. | 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.
________________________________________ |
74. | People who are under the age of majority (generally under the age of 18) are referred to as ________.
________________________________________ |
75. | 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) ________.
________________________________________ |
76. | 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) ________.
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77. | Accurate and proper ________ is essential because patient records are often used as evidence in professional liability cases.
________________________________________ |
78. | The process used by various organizations, including insurance carriers, to ensure that healthcare providers are appropriately qualified to provide services is ________.
________________________________________ |
79. | Publishing in print damaging words, pictures, or signed statements that will injure the reputation of another is ________, which is a form of defamation of character.
________________________________________ |
80. | The two fundamental concepts of the HIPAA Privacy rule are use and ________.
________________________________________ |
Multiple Choice Questions
81. | In legal terms, unintentional torts constitute which of the following?
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82. | Which of the following of the four Ds of negligence includes proof that the patient received an injury?
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83. | The four Cs of medical malpractice prevention include all of the following except _______.
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Fill in the Blank Questions
84. | The Genetic Information Nondiscrimination Act (GINA) of 2008 was enacted to prohibit entities such as _______________ and ___________ from using an individual’s genetic information against him or her.
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85. | Oral testimony that is made before a public officer of the court to be used in a lawsuit is called a __________.
________________________________________ |