Deck 4: Principles of Liability: Part A

Question 1

Assault is an intentional tort that is defined as a(n):

A)nonintentional tort as well as a nonintentional tort.
B)physical contact involving injury or offense.
C)physician exceeding consent given by the patient.
D)threat that does not involve physical contact.

Answer 1

threat that does not involve physical contact.

Question 2

Actual damages are:

A)awarded to punish the defendant by making an example of him.
B)compensation for actual loss and awarded to make the plaintiff whole.
C)small amounts of money that vindicate a right or for minimal injury.
D)usually not awarded in medical malpractice cases.

Answer 2

compensation for actual loss and awarded to make the plaintiff whole.

Question 3

The failure to do something that a reasonably prudent person would do in a similar situation:

A)always results in malpractice.
B)constitutes negligence.
C)is a breach of contract.
D)vindicates the patient.

Answer 3

constitutes negligence.

Question 4

Tarasoff v.Regents of University of California held that:

A)A psychotherapist had a duty to warn a person that his patient was making threats to harm a third person.
B)The hospital had a duty to require that patients be examined by members of the hospital staff who were skilled in the treatment required.
C)The hospital did not apply its own credentialing rules and, therefore, did not follow its own standard of care in determining the qualifications of physicians practicing at the facility.
D)When a physician withdraws from the contractual relationship with a patient, he must provide the patient with reasonable notice to obtain a new physician or alternative treatment.

Question 5

Which is an obligation to behave in a certain way, such as the expectation by the medical profession that physicians will act or practice medicine in a reasonably prudent manner?

A)Duty to care
B)EMTALA
C)Expressed contract
D)Vicarious liability

Question 6

Which Latin term is associated with a nonintentional tort?

A)Res gestae
B)Res ipsa loquitur
C)Res judicata
D)Respondeat inferior

Question 7

The legal basis of every medical malpractice suit is rooted in:

A)breach of duty to care.
B)duty to care.
C)intentional torts.
D)res ipsa loquitur.

Question 8

Respondent superior is a(n) _____ tort.

A)contractual
B)intentional
C)negligent
D)nonintentional

Question 9

EMTALA legislation applies to:

A)any hospital-patient relationship that is established by the hospital or the patient.
B)emergency cases that require patient stabilization prior to discharge or transfer.
C)patients who request treatment, and physicians who agree to treat patients.
D)physicians who are undergoing the initial hospital credentialing process.

Question 10

Medical staff privileges include:

A)intentional torts.
B)failure to act prudently.
C)lack of intent to do wrong
D)the scope of a provider's practice in a hospital.

Question 11

Damages are an award of money paid to a person as compensation for loss or injury.For malpractice cases, damages are awarded:

A)after the elements for malpractice have been proven.
B)even when the plaintiff cannot prove negligence.
C)only when improper disclosure of health information occurred.
D)to compensate for the actual loss only.

Question 12

Nominal damages are awarded:

A)as compensation for an actual loss, including future expenses.
B)for vindication of a right where minimal injury is proven.
C)to punish the defendant by making an example of him/her.
D)when proof of outrageous, malicious or intentional conduct is found.

Question 13

Failure of a health care organization to provide entrusted care and treatment to a patient is:

A)corporate negligence.
B)failure to warn.
C)often awarded punitive damages.
D)treated as res ipsa loquitur.

Question 14

The Johnson v.Misericordia Community Hospital legal case held that:

A)A psychotherapist had a duty to warn a person that his patient was making threats to harm a third person.
B)The hospital had a duty to require that patients be examined by members of the hospital staff who were skilled in the treatment required.
C)The hospital did not apply its own credentialing rules and, therefore, did not follow its own standard of care in determining the qualifications of physicians practicing at the facility.
D)When a physician withdraws from the contractual relationship with a patient, he must provide the patient with reasonable notice to obtain a new physician or alternative treatment.

Question 15

Breach of confidentiality is recognized as:

A)a nonintentional tort.
B)corporate negligence.
C)punitive damages.
D)the res ipsa loquitur.

Question 16

When a patient is voluntarily admitted to a hospital:

A)a relationship is established between the patient and the hospital.
B)and the patient signs admission forms, an implied contract is created.
C)EMTALA applies to hospitals and physicians who participate in Medicaid.
D)the hospital is required to treat the patient, regardless of diagnosis.

Question 17

Res ipsa loquitur is Latin for:

A)a matter [already] judged.
B)let the superior [or master] respond.
C)the thing speaks for itself.
D)things done.

Question 18

Which relationship begins with the credentialing process?

A)hospital-patient
B)hospital-physician
C)patient-physician
D)physician-patient

Question 19

Punitive damages are:

A)also called nominal damages for minimal injury.
B)awarded to make the plaintiff whole.
C)may compensate for future loss of income.
D)not generally awarded in medical malpractice cases.

Question 20

Which is associated with malpractice?

A)follow the standard of care
B)intentional tort
C)lack of instinct to do wrong
D)professional misconduct

Question 21

Publishing something on a Web site that leads other to ridicule a person or diminish esteem and respect for that person is called _____.

A)assault
B)battery
C)libel
D)slander

Question 22

A physician-patient relationship:

A)applies only to physicians.
B)begins with a patient requesting treatment.
C)commences when the physician undergoes credentialing.
D)starts when the patient becomes ill or injured.

Question 23

The intentional detention or restraint of a patient against his or her own will without any legal justification is called _____.

A)breach of contract
B)false imprisonment
C)intentional infliction
D)medical abandonment

Question 24

Good Samaritan statutes are laws that:

A)establish a time period in which a lawsuit must commence.
B)prohibit governments from being sued without their permission.
C)protect physicians and others from civil liability.
D)shield charitable institutions from liability for torts.

Question 25

Severing of the physician-patient relationship without giving the patient reasonable notice if continuing care is necessary is called _____.

A)breach of contract
B)contributory negligence
C)intentional detention
D)medical abandonment

Question 26

Contributory negligence is:

A)an admission of mistakes that caused injury to the plaintiff (patient).
B)conduct on the part of the plaintiff that contributed to his or her injury.
C)in place to protect physicians from civil liability during emergency care.
D)the plaintiff's voluntary exposure to known danger.

Question 27

Battery involves the ____ of a person that results in an injury or offense.

A)assault
B)defamation
C)libel or slander
D)physical contact

Question 28

When someone makes a hand gesture that substitutes for words and defames a third party, the transitory gesture is considered _____.

A)assault
B)battery
C)libel
D)slander