Deck 5: Medicine and Law

Question 1

Local governments create and enact

A) precedents.
B) acts.
C) ordinances.
D) All of the above

Answer 1

ordinances.

Question 2

An informed consent form must address which of the following?

A) Risks and benefits of the procedure
B) Reasonable alternatives to the procedure
C) Risks and benefits of not performing the procedure
D) All of the above

Answer 2

All of the above

Question 3

Generally, a subpoena duces tecum should be filed no less than ____ days before a trial.

A) 5
B) 10
C) 15
D) 20

Answer 3

15

Question 4

A list of questions from one party in a lawsuit to another party in the lawsuit is called a(n)

A) deposition.
B) interrogatory.
C) petition.
D) response.

Question 5

A legal instrument that authorizes a person to act as the agent of the grantor is called a

A) power of attorney.
B) will.
C) medical record release.
D) requisite.

Question 6

A set of laws designed to standardize electronic data exchange and protect health information is

A) CLIA.
B) OSHA.
C) DHHS.
D) HIPAA.

Question 7

A major crime, such as rape, murder, or burglary, is classified as a(n)

A) felony.
B) misdemeanor.
C) violation.
D) act of treason.

Question 8

Respondeat superior is a Latin term meaning

A) "Let the master answer."
B) "Buyer, beware."
C) "The thing speaks for itself."
D) "Respond as soon as possible."

Question 9

The performance of an act that is wholly wrongful and unlawful is called

A) malfeasance.
B) misfeasance.
C) nonfeasance.
D) feasance.

Question 10

A physician who fails to obtain consent before treating a patient could be charged with

A) misfeasance.
B) breach of contract.
C) battery.
D) negligence.

Question 11

The failure to perform an act that should have been performed is called

A) malfeasance.
B) misfeasance.
C) nonfeasance.
D) feasance.

Question 12

Negligence must be

A) assumed.
B) proven.
C) noticed.
D) ignored.

Question 13

Criminal law governs violations of the law that are punishable as offenses against

A) individuals.
B) the state or government.
C) corporations.
D) groups.

Question 14

What is meant by the "litigious nature of today's society"?

A) Crowding has caused people to need more personal space.
B) Patients are more likely to bring lawsuits than in the past.
C) A growing diversity of cultures is represented in the United States.
D) Fewer people have access to medical care.

Question 15

Which of the following is not a requirement for a valid, legal contract?

A) The contract must include manifestation of assent.
B) The contract must be in writing.
C) The contract must involve legal subject matter.
D) All parties must have the legal capacity to enter into a contract.

Question 16

The document that expresses the wishes of patients in case of terminal illness or an accident after which patients cannot express their wishes is called a

A) power of attorney.
B) DNR order.
C) will.
D) living will.

Question 17

The pretrial disclosure of pertinent facts or documents by one or both parties in a legal action is called

A) discovery.
B) exchange.
C) subpoena.
D) subpoena duces tecum.

Question 18

The improper performance of a lawful act is called

A) malfeasance.
B) misfeasance.
C) nonfeasance.
D) feasance.

Question 19

A minor crime is called a(n)

A) felony.
B) misdemeanor.
C) violation.
D) act of treason.

Question 20

Medical liability cases can stem from

A) a breach of trust on the part of the physician.
B) a breach of trust on the part of the patient.
C) some type of miscommunication between the patient and physician.
D) All of the above

Question 21

The Affordable Care Act, signed into law in March of 2010, was designed to provide better health security by which of the following:

A) Enacting comprehensive health insurance that holds insurance companies accountable
B) Lowering healthcare costs
C) Enhancing the quality of care for all Americans.
D) All of the above

Question 22

A person who represents a minor in legal situations is called a

A) respondeat superior.
B) guardian ad litem.
C) respondeat minor.
D) None of the above

Question 23

Medical assistants gathering payment information before an appointment is scheduled is an example of

A) contract law.
B) malpractice.
C) tort law.
D) civil law.

Question 24

Which of the following include compensation for pain and suffering?

A) Nominal damages
B) Punitive damages
C) Compensatory damages
D) General damages
E) Special damages

Question 25

The benefits of HIPAA include

A) lower administrative costs.
B) higher administrative costs.
C) increased revenue cycle time.
D) None of the above

Question 26

To withdraw protection or support or to discontinue medical care without proper notice is called

A) nondelivery.
B) abandonment.
C) failure to care.
D) None of the above

Question 27

A solemn declaration usually made orally by a witness under oath is called

A) a response.
B) testimony.
C) a subpoena.
D) assent.

Question 28

Which of the following is not one of the four Ds of negligence?

A) Duty
B) Dereliction
C) Deposition
D) Damages

Question 29

Which of the following is not a type of civil law?

A) Misdemeanor
B) Administrative
C) Tort
D) Contract

Question 30

Which of the following civil laws most directly affect the medical profession?

A) Tort law
B) Contract law
C) Administrative law
D) All of the above

Question 31

The most sacred trust that patients place in physicians and their staff members is

A) the ability to cure disease.
B) the competent treatment of symptoms.
C) confidentiality.
D) the fairness of charges for services.

Question 32

Which of the following conditions does not support classification of a minor by the courts as emancipated?

A) The minor wants to enter the armed forces.
B) The minor is married.
C) The minor is self-supporting.
D) The minor lives separate and apart from parents or a legal guardian.

Question 33

Which of the following is a pretrial disclosure of pertinent facts or documents by one or both parties to a legal action or proceeding?

A) Subpoena
B) Deposition
C) Discovery tool
D) Interrogatory
E) Both B and C

Question 34

Which of the following statements are NOT true in regards to subpoena duces tecum? (Multiple answers may apply.)

A) The facility may charge a fee for the time spent in compiling the records.
B) Original records should never be released under any circumstances.
C) Release only the information requested in the subpoena.
D) Provide all records, including records sent from previous providers.
E) All of the above

Question 35

The person bringing a case or legal action to court is the

A) judge.
B) defendant.
C) plaintiff.
D) bailiff.

Question 36

Which of the following elements is necessary for informed consent?

A) Patient's diagnosis, if known
B) Risks and benefits of the procedure or treatment
C) Alternative treatments
D) All of the above

Question 37

Public medical facilities must allow individuals with disabilities to easily and safely

A) enter and exit buildings.
B) use drinking fountains.
C) move from floor to floor.
D) All of the above

Question 38

Something that has significant and demonstrable bearing on the matter at hand is

A) relevant.
B) frequent.
C) recourse.
D) stipulated.

Question 39

Which of the following apply to an implied contract?

A) It is a legally enforceable agreement that arises from conduct.
B) It assumes intentions.
C) It has a relationship among the immediate parties.
D) All of the above

Question 40

Presumed consent is also called ________ consent.

A) written
B) verbal
C) implied
D) informed

Question 41

A patient's medical record is considered to be __________ evidence.

Question 42

Failure to perform a duty is called __________.

Question 43

Which of the following insurance protects the healthcare facility if there is an accident in the facility that causes bodily injury or property damage?

A) Liability insurance
B) Medical malpractice insurance
C) Personal injury insurance
D) None of the above

Question 44

Municipal regulations are also called __________.

Question 45

The medical assistant cannot legally provide the information for the patient about which of the following?

A) Informed consent
B) Expressed consent
C) General consent
D) None of the above

Question 46

__________ are a type of testimony that is not limited to the parties in a lawsuit.

Question 47

The __________ prohibits discrimination against children with pre-existing conditions.

Question 48

Which of the following is considered an emancipated minor and has the right to consent to treatment and patient confidentiality?

A) 17-year-old with a life-threatening situation
B) 16-year-old requesting treatment of sexually transmitted infections
C) Self-supporting 16-year-old living separately from parents or legal guardian
D) 14-year-old seeking drug or alcohol rehab

Question 49

__________ negligence exists when the patient contributes to his or her own condition.

Question 50

A(n) __________ is something done or said that serves as an example or rule to authorize or justify a subsequent act of the same kind.

Question 51

The finding or decision of a jury on a matter submitted to it in trial is called the __________.

Question 52

Match misfeasance with the definition.

A) Failure to perform an act that should have been performed
B) Implies inattention to one's duty or business
C) The performance of an act that a reasonable and prudent provider would perform in a similar situation
D) Performing an act that is legal but not properly performed
E) Intentionally doing something either legally or morally wrong

Question 53

Nonconsensual touching may be considered __________.

Question 54

A sum imposed as punishment for an offense is called a(n) __________.

Question 55

Match malfeasance with the definition.

A) Failure to perform an act that should have been performed
B) Implies inattention to one's duty or business
C) The performance of an act that a reasonable and prudent provider would perform in a similar situation
D) Performing an act that is legal but not properly performed
E) Intentionally doing something either legally or morally wrong

Question 56

__________ is a solemn declaration, usually made orally by a witness under oath in response to interrogation by a lawyer or an authorized public official.

Question 57

All 50 states require reporting which of the following to the local health department?

A) Suspected cases of abuse of children, the elderly, or any others at risk
B) Confirmed cases of acquired immunodeficiency syndrome
C) Births and deaths
D) Wounds of violence
E) Any death from accidental, suspicious, or unexplained causes

Question 58

Match nonfeasance with the definition.

A) Failure to perform an act that should have been performed
B) Implies inattention to one's duty or business
C) The performance of an act that a reasonable and prudent provider would perform in a similar situation
D) Performing an act that is legal but not properly performed
E) Intentionally doing something either legally or morally wrong

Question 59

Something marked by wisdom or judiciousness is said to be __________.

Question 60

A power of __________ allows one person to act on behalf of another.

Question 61

The person giving a deposition is called the __________.

Question 62

The willful and unlawful use of force or violence on the person of another is called assault.

Question 63

When a physician withdraws medical care from a patient, a(n) __________ letter must be sent to notify the patient.

Question 64

__________ is an alternative to trial in which a third party hears evidence and makes a decision.

Question 65

If an individual has not indicated that he or she wants to donate organs, the person's organs cannot be harvested after death.

Question 66

A physician must use reasonable care, attention, and __________ when treating patients.

Question 67

Once a patient has decided to file a lawsuit against a physician, the first step is to find a(n) __________ to accept the case.

Question 68

The failure to perform an act that should have been performed is called __________.

Question 69

The term medical professional liability encompasses all possible civil liability that can be incurred during the delivery of medical care.

Question 70

Much of our law is based on previous judicial and jury decisions called ordinances.

Question 71

The science and philosophy of law is called jurisprudence.

Question 72

Civil cases must be proven by a(n) __________ of the evidence.

Question 73

Medical assistants cannot legally perform skills for which they have not been trained.

Question 74

__________ damages are small awards that are token compensation for invasion of a legal right in which no actual injury was suffered.

Question 75

Consent, usually written, that states understanding of what treatment is to be undertaken and the risks involved with such treatment is called __________ consent.

Question 76

Respondeat superior means "the thing speaks for itself."

Question 77

If no jury is present and a judge decides the case, the proceeding is called a(n) __________ trial.

Question 78

In a(n) __________ case, guilt must be proven beyond a reasonable doubt.

Question 79

Healthcare professionals are required to report child abuse only when they have concrete evidence that abuse has taken place.

Question 80

The medical assistant cannot explain the consent form; this must be done by the __________.