Deck 6: Defenses to Liability Suits

Question 1

What instrument of risk management is particularly beneficial for following coding and billing regulations for Medicare, Medicaid, and other government plans?

A) credentialing
B) quality improvement
C) compliance plan
D) quality assurance
E) quality management

Answer 1

compliance plan

Question 2

If the patient knew the _______________ before treatment, the defendant may use contributory negligence as a defense in a lawsuit.

A) cause and effect of care
B) diagnosis
C) prognosis
D) inherent risk
E) statute of limitations

Answer 2

inherent risk

Question 3

A health care practitioner who practices the "four Cs of medical malpractice prevention" finds two important benefits related to one of the "Cs"-that is, improvement in patients' medical conditions and the decreased likelihood that they will sue. Which "C" is most likely to provide these benefits?

A) caring
B) communication
C) control
D) competence
E) charting

Answer 3

caring

Question 4

The statute of limitations is

A) a federal law.
B) the same law in every state.
C) is determined by when the negligence occurred.
D) is determined by the courts.
E) is different depending on the state.

Question 5

Patients sue for a variety of reasons. Which of the following is not one of the top recurring reasons patients sue?

A) medication errors
B) delay in diagnosis
C) correction of a mistake
D) wrong diagnosis
E) birth injury

Question 6

The health care practitioner who comes to the aid of an accident victim at the scene may not be held liable under which type of defense?

A) tortfeasor release
B) denial
C) emergency
D) contributory negligence
E) assumption of risk

Question 7

What would be the best advice for a nurse caring for patients who have complained about their treating physician?

A) Verbally agree with them.
B) Steer the conversation to something else.
C) Listen carefully and see that the comments reach the physician.
D) Tell the patient they are wrong.
E) Ignore the patients' comments.

Question 8

Just over 41 percent of respondents in a study done by Charles Vincent said that certain actions after a patient's injuries might have prevented litigation. Which of the following is the highest-rated action that might prevent litigation?

A) financial compensation
B) listening to the patient
C) correction of the mistake
D) an explanation and apology
E) investigation by the hospital

Question 9

Which of the following is a recommended communication technique to prevent medical malpractice lawsuits?

A) Avoid statements that could be construed as an admission of fault.
B) Do not advise patients over the phone.
C) Do not insist on a professional consult if the patient is not doing well.
D) Do not allow patients to participate in decision making.
E) Stand while talking to the patient.

Question 10

A physician assistant (PA) accused of medical malpractice claims that the charge does not meet all of the elements of the theory of recovery. Which of the following defenses is being used by the PA?

A) denial
B) assumption of risk
C) comparative negligence
D) technical negligence
E) contributory negligence

Question 11

For legal purposes, the health care professional should know that if it isn't in writing and explained completely and accurately, it wasn't done. To which of the following "4 Cs of medical malpractice prevention" does this statement refer?

A) caring
B) competence
C) control
D) communication
E) charting

Question 12

A medical malpractice lawsuit has been decided under the doctrine of res judicata. What does this Latin term mean?

A) The tortfeasor has been released.
B) The thing has been decided.
C) The statute of limitations is up.
D) The thing speaks for itself.
E) The buyer should beware.

Question 13

Which of the following is not a form of an affirmative defense to a professional liability suit?

A) contributory negligence
B) denial
C) comparative negligence
D) emergency
E) assumption of risk

Question 14

A patient sues a physician for negligence and loses. The patient then sues the physician for breach of contract. The second suit is dismissed under what doctrine?

A) res ipsa loquitur
B) release of tortfeasor
C) Good Samaritan statutes
D) statute of limitations
E) res judicata

Question 15

When the defense claims that the patient's actions caused or contributed to the injury, this is called a(n)

A) positive defense.
B) technical defense.
C) denial defense.
D) contributory negligence defense.
E) assumption of risk defense.

Question 16

One of the most common occurrences for marking the beginning of the statutory period for medical malpractice includes:

A) the day a lawsuit was filed
B) the time a patient recovers from injury
C) the day the alleged negligent act was committed
D) the day the patient dies
E) the day the patient is at full medical recovery

Question 17

Which doctrine says a lawsuit cannot move forward if a certain period of time has elapsed?

A) res judicata
B) release of tortfeasor
C) Good Samaritan statutes
D) statute of limitations
E) res ipsa loquitur

Question 18

A certified medical assistant is constantly updating her knowledge and skills by attending in-services and seminars. This person is practicing which of the "4 Cs of medical malpractice prevention"?

A) caring
B) competence
C) charting
D) communication
E) control

Question 19

Using the process of comparative negligence, a judge determines that the patient contributed 35% to the injury and the physician contributed 65%. Which of the following is the outcome of the case?

A) No damages would be awarded.
B) The patient would be given 35% of the damage award.
C) The patient would be awarded full damages since the percentage is under 50%.
D) The patient's damage award would be reduced by 35%.
E) The patient's damage award would be 50% since the percentage is under 50%.

Question 20

Release of tortfeasor is a(n):

A) affirmative defense
B) technical defense
C) denial defense
D) contributory negligence defense
E) comparative negligence defense

Question 21

The employer physician puts a plan in place to ensure that all government regulations are enforced in the practice. What is the term for this plan?

A) credentialing
B) quality improvement
C) quality management
D) quality assurance
E) compliance plan

Question 22

A physician who owns a medical practice decides his malpractice insurance is too expensive and drops the policy. Which of the following aspects of this physician's practice will impact the physician the most?

A) attracting new patients
B) attracting competent staff
C) receiving payment from insurance companies for services provided for patients
D) maintaining membership in physician organizations
E) having hospital privileges

Question 23

Which of the following insurance policies covers incidents that occurred before the beginning of the new insurance relationship but that have not yet been brought to the insured's attention as a claim?

A) prior acts coverage
B) self-insured coverage
C) claims-made coverage
D) occurrence coverage
E) liability coverage

Question 24

When a physician has malpractice insurance, who should they contact first when faced with a malpractice lawsuit?

A) The patient
B) The office manager
C) The insurance company
D) The lawyers
E) The patient's lawyer

Question 25

The cost of malpractice liability insurance is based upon which of the following?

A) physician specialty and dollar amount covered by the policy
B) physician credentials and ability to pay the policy
C) number of employees and number of incidences that will be covered
D) government agencies regulating the purchase of liability insurance by all physicians
E) the age of the physician and where the practice is located

Question 26

A physician joins a group practice and is applying at the local hospital for admission privileges, also known as credentialing. Which of the following is the final step in verifying the physician's credentials?

A) The National Practitioner Data Bank checks sanctions and malpractice history.
B) A peer review committee completes the process.
C) Listed sources are checked.
D) Provider presents copies of requested credentials.
E) Findings are presented to a peer review committee.

Question 27

Where are Medicare and Medicaid sanctions and malpractice histories recorded?

A) National Provider Identifier
B) Federal Register
C) The Office of Inspector General
D) National Practitioner Data Bank
E) Individual state medical boards

Question 28

Medical malpractice insurance that covers the insured only for those claims made while the policy is in force is called:

A) prior acts coverage
B) self-insured coverage
C) claims-made coverage
D) occurrence coverage
E) liability coverage

Question 29

Methods used to manage risk are considered a part of which of the following?

A) assumption of risk
B) telemedicine
C) quality assurance
D) comparative negligence
E) occurrence assessment

Question 30

Explain several steps office staff could take to document missed appointments in an attempt to reduce the possibility of a malpractice lawsuit.

Question 31

A physician decides to retire and move to another state. The physician is going to cancel their claim-made policy. What type of policy may the physician choose to purchase to cover any future claims from when the physician carried the claim-made policy?

Question 32

Medical malpractice insurance that covers the insured only for any claims arising from an incident that occurred, or is alleged to have occurred, during the time the policy was in force, regardless of when the claim is made is called:

A) prior acts coverage
B) self-insured coverage
C) claims-made coverage
D) occurrence coverage
E) liability coverage

Question 33

Risk management is a process to

A) minimize danger, hazard, and liability.
B) assess liability insurance.
C) manage difficult patients.
D) manage billing and coding to ensure the best reimbursement.
E) assess insurance plans.

Question 34

Developing an open line of communication can help the office with malpractice lawsuits. What is not a recommendation to improve communication?

A) Develop good listening skills and nonverbal communication.
B) Use a live person to answer phone calls.
C) Set aside time to answer and return phone calls and emails.
D) Thoroughly explain illnesses and treatment options.
E) Avoid statements that could be construed as an admission of fault.

Question 35

What are two limitations to a physician choosing to be covered by a self-insurance malpractice plan?

A) State law limitation and type of medical practice
B) Hospitals not allowing privileges to physician with this type of insurance policy plan and the AMA
C) Raising cost of insurance premiums and state law limitations
D) State law limitation and hospital not allowing privileges to physician with this type of insurance policy
E) The AMA and the rising cost of malpractice insurance premiums

Question 36

Explain the process an office must use when a physician may be unavailable for an extended period of time or when the physician leaves the practice.

Question 37

Which of the following is an example of a physician using risk management to reduce the likelihood of a malpractice lawsuit against his office?

A) removing standard office procedures manuals from employees' desks
B) providing time off for employees
C) providing free lunches for employees
D) reducing the incidence of telephone conversations
E) providing written job descriptions for employees

Question 38

What are two factors that would influence the cost of premiums for a malpractice insurance policy?

A) Size of the practice and the number of staff members
B) The requirements of the staff to be registered or certified and the type of practice
C) The length of time the physician has been a specialist and the dollar amount covered
D) Whether the physician has hospital admitting privileges and the type of practice
E) The dollar amount covered by the insurance policy and the physician's specialty