Exam Prep Legal And Ethical Issues Chapter 5 7th Edition

Student name:__________

1) Two types of law pertain to healthcare practitioners: criminal law and __________ law.

2) When a healthcare practitioner fails to exercise ordinary care and the patient is injured, the practitioner may be charged with __________.

3) One way to prevent medical malpractice is to be __________ in your skills and job knowledge.

4) The Healthcare Quality Improvement Act of 1986 requires professional __________ review in an effort to improve medical care.

5) The core of the HIPAA Privacy Rule is the protection, use, and disclosure of __________ health information, which is individually identifiable health information.

6) The HIPAA __________ Rule specifies how patient information is protected on computer networks, the Internet, storage media, and extranets.

7) 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.

8) When three or more physicians share the collective income, expenses, facilities, equipment, records, and personnel, they have formed a(n) __________ practice.

9) 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 __________.

10) Open threat of bodily harm to another is the intentional tort of __________.

11) When you enter an exam room without knocking, you commit the intentional tort of invasion of __________.

12) Any bodily contact made without permission is called __________.

13) Making public statements about a person that are false and malicious is __________ of character.

14) A breach of __________ when working with medical records is an example of invasion of privacy.

15) Preventing a patient from leaving a facility is the intentional tort of __________.

16) In order to avoid financial losses due to lawsuits, it is advisable for all health professionals to purchase professional __________ coverage.

17) The Patient Care Partnership is a list of standards that patients can expect in healthcare and is required by __________ to be posted in hospitals.

18) The practice of controlling risk and preventing malpractice claims is called risk __________.

19) If Mr. Harris rolls up his sleeve when you tell him you would like to take his blood pressure, he is giving implied __________.

20) The office supervisor signs a lease for the office copier and fax machine. The lease is an example of a(n) __________ contract.

21) 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.

22) People who are under the age of majority (generally under the age of 18) are referred to as __________.

23) 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) __________.

24) 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) __________.

25) Accurate and proper __________ is essential because patient records are often used as evidence in professional liability cases.

26) The process used by various organizations, including insurance carriers, to ensure that healthcare providers are appropriately qualified to provide services is __________.

27) 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.

28) The two fundamental concepts of the HIPAA Privacy rule are use and __________.

29) 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.

30) Oral testimony that is made before a public officer of the court to be used in a lawsuit is called a __________.

31) A __________ is a rule of conduct established and enforced by an authority or governing body, such as the federal government.

A) principle
B) law
C) tort
D) policy
E) contract

32) A healthcare professional who stops care without providing an equally qualified substitute can be charged with __________.

A) neglect
B) delayed treatment
C) breach of duty
D) breach of contract
E) abandonment

33) 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

34) 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?

A) living will
B) durable power of attorney
C) life trust
D) informed consent
E) expressed contract

35) A written court order addressed to a specific person, requiring that person's presence in court at a specific time, is a(n) __________.

A) contract
B) subpoena
C) agent
D) agreement
E) consent

36) Which of the following is demonstrated when a patient's leg healed incorrectly because of the way the cast had been applied?

A) indirect cause
B) possible cause
C) accidental cause
D) direct cause
E) implied cause

37) 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) __________.

A) duty
B) tort
C) battery
D) assault
E) breach of contract

38) 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) __________.

A) tort
B) agency
C) subpoena
D) contract
E) arbitration

39) Malpractice lawsuits are part of __________ law.

A) civil
B) statutory
C) common
D) administrative
E) criminal

40) An employee who is considered to be acting on the physician's behalf while performing professional tasks is __________.

A) respondeat superior
B) subpoena duces tecum
C) malfeasance
D) res ipsa loquitur
E) subpoena testificandum

41) A licensed practitioner is said to have been __________ if a patient proves that the practitioner failed to comply with the standards of the profession.

A) liable
B) in breach of contract
C) derelict
D) in arbitration
E) injured

42) An unlawful act or misconduct is __________.

A) nonfeasance
B) misfeasance
C) malfeasance
D) res ipsa loquitur
E) respondeat superior

43) 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 __________.

A) delayed treatment
B) poor patient healing
C) malpractice
D) inappropriate postoperative care
E) abandonment

44) 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

45) 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?

A) subpoena duces tecum
B) an accident
C) res ipsa loquitur
D) battery
E) assault

46) A court order to produce documents is __________.

A) respondeat superior
B) subpoena
C) subpoena duces tecum
D) subpoena testificandum
E) law of agency

47) __________ refers to failure to perform an act that is one's required duty or that is required by law.

A) Misfeasance
B) Nonfeasance
C) Malfeasance
D) Res ipsa loquitur
E) Subpoena testificandum

48) 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 __________.

A) state law
B) federal law
C) medical ethics
D) the Hippocratic Oath
E) an employer's rules

49) A physician reports a case of acquired immunodeficiency syndrome (AIDS) to the state. This is __________.

A) negligence
B) breach of contract
C) the physician's public duty
D) lack of confidentiality
E) invasion of privacy

50) 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

51) __________ refers to a lawful act that is done incorrectly.

A) Misfeasance
B) Nonfeasance
C) Malfeasance
D) Res ipsa loquitur
E) Subpoena testificandum

52) The appropriate way for a patient to donate organs upon death is to __________.

A) inform the physician
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

53) The document established by the American Hospital Association that is a list of standards a patient can expect in healthcare is the __________.

A) Hippocratic Oath
B) Code of Medical Ethics
C) Patient Care Partnership
D) Quality Assurance Program
E) informed consent document

54) An example of a situation in which the patient automatically gives up the right to confidentiality is when a patient __________.

A) sues a physician
B) is admitted to the hospital
C) has a terminal illness
D) chooses another physician
E) agrees to e-billing

55) 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.

56) Which of the following enforces federal laws to protect healthcare workers from health hazards on the job?

A) FDA
B) OSHA
C) EPA
D) FCC
E) MSDS

57) __________ is considered a standard of behavior and a concept of right and wrong, beyond the legal consideration.

A) Morality
B) Tort law
C) Civil law
D) Criminal law
E) Ethics

58) __________ are formed through the influence of the family, culture, and society, and serve as a basis for ethical conduct.

A) Ethics
B) Responsibilities
C) Rules of conduct
D) Moral values
E) Laws

59) 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 __________.

A) consideration
B) agreement
C) expressed contract
D) contractual capacity
E) implied contract

60) 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
C) appear in uniform
D) answer only the question that is asked
E) refuse to answer questions that help the opposing side

61) You can help prevent lawsuits by __________.

A) telling the patients how billing will be handled only after treatment is complete
B) being a good listener
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

62) Administration of an unauthorized injection constitutes which intentional tort(s)?

A) fraud
B) assault
C) battery
D) defamation of character
E) invasion of privacy

63) Speaking in such a way as to negatively influence others against an individual is an example of

A) invasion of privacy.
B) defamation of character.
C) fraud.
D) battery.
E) assault.

64) The promise of "miracle cures" is an example of __________.

A) battery
B) defamation of character
C) false imprisonment
D) fraud
E) assault

65) 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

66) Risk management includes all except which of the following?

A) reporting risks to OSHA
B) monitoring risks
C) identifying and tracking risk areas
D) developing risk improvement plans
E) performing risk assessments

67) 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?

A) Sign the agreement
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

68) Ethical issues that arise related to medical advances are known as __________ issues.

A) civil
B) criminal
C) bioethical
D) felony
E) fraud

69) Which of the following is an example of an implied contract?

A) employment contract
B) housekeeping/maintenance contract
C) lease agreement
D) making a medical appointment
E) partnership agreement

70) 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

71) 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?

A) battery
B) fraud
C) invasion of privacy
D) assault
E) false imprisonment

72) 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?

A) agreement
B) consideration
C) communication
D) legal subject matter
E) contractual capacity

73) 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

74) 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 __________.

A) assault
B) slander
C) fraud
D) invasion of privacy
E) libel

75) The National Practitioner Data Bank was established in 1986 by the __________.

A) False Claims Act
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

76) 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
D) False Claims Act
E) Health Care Quality Improvement Act

77) 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

78) 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.

79) 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."

80) Which of the following is a professional organization that defines ethical behavior for physicians in the Code of Medical Ethics: Current Opinions with Annotations?

A) AMA
B) AHA
C) AAMA
D) AMT
E) TJC

81) Which medical practice model is referred to as a "solo practice"?

A) partnership
B) group practice
C) professional corporation
D) sole proprietorship
E) clinic

82) A medical practice model that is authorized by state law to act as a single entity is a __________.

A) partnership
B) group practice
C) professional corporation
D) sole proprietorship
E) clinic

83) In legal terms, unintentional torts constitute which of the following?

A) criminal acts
B) assault
C) battery
D) negligence
E) fraud

84) Which of the following elements of negligence includes proof that the patient received an injury?

A) Duty
B) Derelict
C) Damages
D) Disability
E) Direct cause

85) The four Cs of medical malpractice prevention include all of the following except __________.

A) care
B) communication
C) competence
D) concise
E) charting

86) The set of government regulations that help ensure continuity and privacy of healthcare information is known as __________.

A) OSHA
B) CLIA '88
C) ABHES
D) HIPAA
E) CAAHEP

87) The guidelines for states to follow when a person wishes to donate one or more organ are found in the __________.

A) Uniform Anatomical Gift Act
B) Health Care Quality Improvement Act
C) False Claims Act
D) Patient Self-Determination Act

88) Which of the following would be used to determine if a patient who is comatose should be put on a ventilator?

A) Advance directives
B) Patient care partnership
C) Uniform anatomical gift act
D) Health care quality improvement act

89) When a healthcare provider asks a patient if he is has an advanced directive, what act is she following?

A) Patient Self Determination Act
B) Uniform anatomical gift act
C) Health care quality improvement act
D) Health Insurance Portability and Accountability Act

90) Consent for a procedure that is given to licensed practitioner in words is __________.

A) expressed
B) informed
C) implied
D) parental

91) A person who is unable to understanding the meaning and concepts of a contract would most likely be considered

A) incompetent
B) competent
C) libel
D) negligent

92) An emancipated minor is __________, __________, and __________.

A) under 18, not living at home, self-supporting
B) under 18, living alone, self-supporting
C) under 21, not living at home, working
D) under 21, not living at home, self-supporting

93) Depending upon the state, mature minors can make their own decisions regarding obtaining __________.

A) contraceptives
B) medications
C) payment
D) surgery

94) To avoid being charged with abandonment a practitioner may hire a __________ __________ when he is going to be away from his practice.

A) locum tenens
B) respondeat superior
C) res ipsa loquitur
D) defendant_plaintiff

95) The party making the charge or claim is known as the __________ and the party against whom the charge or claim is made is the __________.

A) plaintiff, defendant
B) defendant, plaintiff
C) locum tenens, defendant
D) plaintiff, mature minor

96) A sworn statement used to prepare for at trial is a __________.

A) deposition
B) subpoena
C) contract
D) defamation