Question 1

In a hospital, a certain standard of care is expected of health care practitioners. Which of the following best describes this concept?

Accepted Answer

A)   legal responsibility
B)   minimum care as needed
C)   an expected level of performance
D)   obligation to care
E)   reasonable person standard

Question 2

A jury is selected in the ________ stage of a lawsuit.

Accepted Answer

A)   trial
B)   interrogatories
C)   appeal
D)   pre-trial
E)   mediation

Question 3

A medical assistant who is recording data in a patient's medical record maintains confidentiality at all times. Which of the following describes this practice?

Accepted Answer

A)   not allowing the patient to see the medical record
B)   not conferring with other health care professionals about the patient
C)   not releasing patient information to unauthorized individuals
D)   releasing patient information to unauthorized individuals
E)   releasing information to the insurance company

Question 4

A deposition may be taken in which phase of the lawsuit?

Accepted Answer

A)   trial
B)   jury selection
C)   pleadings
D)   summons
E)   interrogatories

Question 5

A surgeon removes the wrong kidney from a patient. The patient can sue under which of the following legal doctrines?

Accepted Answer

A)   res judicata
B)   respondeat superior
C)   res ipsa loquitur
D)   caveat emptor
E)   qui tam

Question 6

A provider breaches duty of care to a patient. This element of negligence is defined as:

Accepted Answer

A)   malfeasance
B)   nonfeasance
C)   damages
D)   dereliction
E)   misfeasance

Question 7

Instead of going to court, two parties in dispute agree to a neutral third party listening to both sides of the argument and helping to resolve the dispute. What is the term for this type of dispute resolution?

Accepted Answer

A)   med-arb
B)   discovery
C)   pleadings
D)   arbitration
E)   mediation

Question 8

The family of a patient sues for wrongful death when the patient's death was judged to have been due to the negligence of the health care practitioners. What might the family collect from a settlement of this case?

Accepted Answer

A)   an award to punish the health care provider
B)   an award totaling one year of earnings of the deceased
C)   an award covering medical costs for the patient
D)   an award providing health care for the family
E)   an award for the loss to the patient's estate for future earnings

Question 9

Which of the following is not a violation of patient confidentiality?

Accepted Answer

A)   While the patient is in the waiting room, a nurse tells a patient his diagnosis.
B)   Medical assistants are discussing a patient by name outside the exam room.
C)   A nurse leaves a detailed message about his/her diagnosis on the patient's voice mail.
D)   A radiology technician discusses with the patient results of the x-rays.
E)   An office clerk calls a patient by name at the check-out desk. E

Question 10

The definition of liability is:

Accepted Answer

A)   the legal responsibility of competent adults for their own acts
B)   applied only to on-the-job acts
C)   duty of care
D)   standard of care
E)   confidentiality

Question 11

A plea made for a case to be reviewed by the higher court occurs in the ________ phase of a lawsuit.

Accepted Answer

A)   trial
B)   interrogatories
C)   appeal
D)   mediation
E)   pre-trial

Question 12

All of the following guidelines are in place to help health care practitioners stay within their scope of practice and operate within the law except:

Accepted Answer

A)   following an employer's established policies dealing with the health care contract
B)   maintaining and disposing of regulated substances in compliance with government guidelines
C)   maintaining confidentiality
D)   documenting care accurately for a fellow medical assistant
E)   practicing within the scope of your training and education

Question 13

A patient is properly cared for by the nurse practitioner. Which of the following describes one of the elements that the nurse practitioner has successfully met?

Accepted Answer

A)   dereliction
B)   defense
C)   damages
D)   direct cause
E)   duty

Question 14

As employers, physicians have general liability for many aspects of their business. Which of the following does not fall under the responsibility of the employers?

Accepted Answer

A)   the practice's buildings and grounds
B)   automobiles used in the practice
C)   employee safety
D)   employees driving to and from the workplace
E)   building damage due to bad weather D

Question 15

Which of the following is an example of a privileged communication?

Accepted Answer

A)   A patient tells her physician that she uses illegal drugs.
B)   A custodian speaks with a nurse about a problem with a disinfectant.
C)   Parents discuss treatment options for their child who has autism.
D)   A nurse practitioner explains a procedure to a patient.
E)   An office clerk calls a patient by name at the check-out desk.

Question 16

A physician working in a nursing home warns the residents of an outbreak of a communicable disease and takes measures to protect them from exposure. This is an example of what principle?

Accepted Answer

A)   standard of care
B)   reasonable person care
C)   reasonable person standard
D)   duty of care
E)   performance standard

Question 17

A(n)  ______________ is issued by the clerk of the court and is delivered with a copy of the complaint to the defendant.

Accepted Answer

A)   trial
B)   summons
C)   appeal
D)   interrogatory
E)   mediation

Question 18

What is the difference between a subpoena and subpoena duces tecum?

Accepted Answer

A)   There is no difference.
B)   Subpoena duces tecum is just an old fashioned term for subpoena.
C)   A subpoena duces tecum requires that documents and records be brought to court.
D)   A subpoena requires that an individual appear in court.
E)   A subpoena requires that an individual serve on the jury. C

Question 19

When no written contract exists, who chooses an arbitrator to resolve disputes?

Accepted Answer

A)   The American Arbitration Association
B)   The two parties select an arbitrator and the two arbitrators select a third to act.
C)   The two parties select an arbitrator and the court decides.
D)   The court selects an arbitrator of its choosing.
E)   Arbitration

Question 20

Some states require mediation and/or arbitration for certain civil cases, while in other states alternative dispute resolution methods are voluntary. Under the terms of a written contract, who chooses an arbitrator?

Accepted Answer

A)   both parties
B)   the defendant
C)   the plaintiff
D)   the American Mediation Association
E)   the American Arbitration Association

Exam 5: Professional Liability and Medical Malpractice

In a hospital, a certain standard of care is expected of health care practitioners. Which of the following best describes this concept?

Correct AnswerverifiedShow Answer

A jury is selected in the ________ stage of a lawsuit.

Correct AnswerverifiedShow Answer

A medical assistant who is recording data in a patient's medical record maintains confidentiality at all times. Which of the following describes this practice?

Correct AnswerverifiedShow Answer

A deposition may be taken in which phase of the lawsuit?

Correct AnswerverifiedShow Answer

A surgeon removes the wrong kidney from a patient. The patient can sue under which of the following legal doctrines?

Correct AnswerverifiedShow Answer

A provider breaches duty of care to a patient. This element of negligence is defined as:

Correct AnswerverifiedShow Answer

Instead of going to court, two parties in dispute agree to a neutral third party listening to both sides of the argument and helping to resolve the dispute. What is the term for this type of dispute resolution?

Correct AnswerverifiedShow Answer

The family of a patient sues for wrongful death when the patient's death was judged to have been due to the negligence of the health care practitioners. What might the family collect from a settlement of this case?

Correct AnswerverifiedShow Answer

Which of the following is not a violation of patient confidentiality?

Correct AnswerverifiedE

The definition of liability is:

Correct AnswerverifiedShow Answer

A plea made for a case to be reviewed by the higher court occurs in the ________ phase of a lawsuit.

Correct AnswerverifiedShow Answer

All of the following guidelines are in place to help health care practitioners stay within their scope of practice and operate within the law except:

Correct AnswerverifiedShow Answer

A patient is properly cared for by the nurse practitioner. Which of the following describes one of the elements that the nurse practitioner has successfully met?

Correct AnswerverifiedShow Answer

As employers, physicians have general liability for many aspects of their business. Which of the following does not fall under the responsibility of the employers?

Correct AnswerverifiedD

Which of the following is an example of a privileged communication?

Correct AnswerverifiedShow Answer

A physician working in a nursing home warns the residents of an outbreak of a communicable disease and takes measures to protect them from exposure. This is an example of what principle?

Correct AnswerverifiedShow Answer

A(n) ______________ is issued by the clerk of the court and is delivered with a copy of the complaint to the defendant.

Correct AnswerverifiedShow Answer

What is the difference between a subpoena and subpoena duces tecum?

Correct AnswerverifiedC

When no written contract exists, who chooses an arbitrator to resolve disputes?

Correct AnswerverifiedShow Answer

Some states require mediation and/or arbitration for certain civil cases, while in other states alternative dispute resolution methods are voluntary. Under the terms of a written contract, who chooses an arbitrator?

Correct AnswerverifiedShow Answer

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E

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D

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C

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