Deck 16: Legal Basics

Question 1

The medical assistant tells the child to behave or threatens to give the child a "shot." This is an example of what type of tort?

A) Battery
B) Defamation
C) False imprisonment
D) Assault
E) Fraud

Answer 1

Assault

Question 2

The __________ is applied when an accused person's actions are measured against another person's actions in the same situation.

A) scope of practice
B) tortfeasor
C) reasonable person standard
D) standard of care

Answer 2

reasonable person standard

Question 3

In criminal law, the plaintiff is __________.

A) the victim
B) the tortfeasor
C) the person accused of the crime
D) the state or federal government

Answer 3

the state or federal government

Question 4

A ____ brings the suit to court and the lawsuit is filed against the _____.

A) plaintiff; tortfeasor
B) defendant; plaintiff
C) tortfeasor; defendant
D) plaintiff; defendant
E) defendant; tortfeasor

Question 5

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

A) felony.
B) misdemeanor.
C) violation.
D) assault.

Question 6

Monetary settlement the defendant pays the plaintiff in a civil case for loss or injury.

A) Claims
B) Tortfeasor
C) Declaration
D) Damages

Question 7

The supreme law of the land is

A) state constitutions.
B) municipal laws.
C) district court decisions.
D) Constitution of the United States.

Question 8

_____ results when a person's conduct falls below the standard of behavior expected of a reasonable person in the same situation.

A) Battery
B) Defamation
C) Negligence
D) Assault
E) Fraud

Question 9

Which statements about the checks and balances system are true?

A) The legislature must approve all appointments for judges.
B) The executive branch has veto power, appoints judges, and makes treaties.
C) The judicial branch interprets laws.
D) The legislature makes laws.
E) All of the above

Question 10

A court order by which an individual or institution is required to perform or restrain from performing a certain act.

A) Damages
B) Injunction
C) Declaratory judgment
D) Liability

Question 11

The medical assistant bills an insurance company for services not provided to the patient. This is an example of what type of tort?

A) Slander
B) Invasion of privacy
C) Defamation
D) Fraud
E) Libel

Question 12

What is true regarding felonies?

A) Considered a serious civil offense.
B) Murder, Battery, and Assault are examples of felonies.
C) Felonies are punishable by substantial fines and prison time over 1 year.
D) All of the above

Question 13

A minor crime is called a(n)

A) felony.
B) misdemeanor.
C) violation.
D) battery.

Question 14

The medical assistant tells her boyfriend about a patient who was seen in the clinic. This is an example of what type of tort?

A) Slander
B) Invasion of privacy
C) Defamation
D) Fraud
E) Libel

Question 15

_____ is a custom or practice of a community and a rule of conduct prescribed or formally recognized as enforceable by a controlling authority.

A) Litigious
B) Regulations
C) Law
D) Precedents

Question 16

The medical assistant gives a 5-year-old child an immunization without parental permission. This is an example of what type of tort?

A) Battery
B) Defamation
C) False imprisonment
D) Assault
E) Fraud

Question 17

Which of the following would be in civil court?

A) Divorce
B) Breach of contract
C) Dispute over real estate sale
D) Intentional torts
E) All of the above

Question 18

The medical assistant decides to call in a prescription for a patient without a provider's order. What is this an example of?

A) A civil wrong
B) A crime
C) Fraud
D) Malpractice

Question 19

Case law is derived from _____ and ______.

A) regulatory; administrative law
B) constitutional; statutory law
C) substantive; procedural law
D) legal precedents; common law

Question 20

In criminal law, the defendant is the _______.

A) the victim
B) the tortfeasor
C) the person accused of the crime
D) the government

Question 21

_________ is a type of insurance coverage that provides protection from claims of injuries or damage to people or property. It is also called third-party coverage.

A) Third-party liability insurance
B) Liability insurance
C) Malpractice insurance
D) Personal injury insurance

Question 22

Sally, a medical assistant, gives Mr. Jones an injection of medication. The dose was double the normally prescribed amount. Sally did not have a provider's order to administer the dose. This negligent act would be an example of a _____________.

A) nonfeasance
B) malfeasance
C) assault
D) fraud
E) misfeasance

Question 23

The person purchasing an insurance policy pays a _______ and when the insurance company pays the plaintiff, the plaintiff is known as the ________.

A) premium; injured
B) insured; third party
C) premium; third party
D) third party; liability
E) liability; premium

Question 24

Which of the following statements is correct?

A) With a technical defense, the attorney tries to get the case dismissed based on a legal technicality.
B) A denial defense can only be used if none of the facts are true.
C) With affirmative defense, the defendant admits wrong doing and takes the full blame for the situation.
D) All of the above are correct.
E) A and B are correct.

Question 25

If a provider is being sued by a patient for the acts of a medical assistant, which of the following applies?

A) Subpoena duces tecum
B) Respondeat superior
C) Res ipsa loquitur
D) Quid pro quo
E) Res judicata

Question 26

______ occurs when a healthcare professional's performance falls below the professional minimum standard of care and thus causes harm to the plaintiff.

A) Medical malpractice
B) Battery
C) Assault
D) Standard of care violation

Question 27

If a man enters surgery to have his left leg amputated and leaves surgery with his right leg amputated, which Latin term of law applies?

A) Respondeat superior
B) Res ipsa loquitur
C) Locum tenens
D) Subpoena duces tecum

Question 28

With this affirmative defense, the plaintiff signed an informed consent and had knowledge of the procedure and possible dangers.

A) Assumption of risk
B) Limited or no harm
C) Comparative negligence
D) Intervening cause
E) Contributory negligence

Question 29

What is being applied, when the court compares the care provided by two certified medical assistants who work in similar environments?

A) Scope of practice
B) Tortfeasor
C) Reasonable person standard
D) Standard of care

Question 30

_______ is the length of time legal action can be taken after an event has occurred. The time limit varies from state to state.

A) Release of tortfeasor
B) Respondeat superior
C) Statute of limitations
D) Locum tenens
E) Res ipsa loquitor

Question 31

This is a common-law doctrine that means "let the master answer" and the employer/provider is liable for the actions of the employee.

A) Malpractice
B) Locum tenens
C) Respondeat superior
D) Res ipsa loquitor
E) Emancipated

Question 32

______ damages are large payments intended to punish the defendant and ______ damages are very small settlements.

A) Special; general
B) Compensatory; nominal
C) Compensatory; special
D) Punitive; nominal
E) Punitive; special

Question 33

Beth, a medical assistant, gives Mrs. Smith a dose of prescribed medication. The patient experienced problems breathing after the medication was given. Beth sent the patient home without consulting the provider. The patient died. This negligent act would be an example of a _____________.

A) nonfeasance
B) malfeasance
C) assault
D) fraud
E) misfeasance

Question 34

The person purchasing the insurance policy is called the _________ and the insurance company is the _________.

A) premium; insured
B) insured; insurer
C) insurer; third party
D) third party; liability
E) liability; premium

Question 35

_______ means the case has already been decided by the court and the plaintiff cannot bring a similar suit against the defendant in the future.

A) Release of tortfeasor
B) Respondeat superior
C) Statute of limitations
D) Subpoena duces tecum
E) Res judicata

Question 36

Abe, a medical assistant, administered a prescribed injection incorrectly and the patient had many issues as a result. This negligent act would be an example of a _____________.

A) nonfeasance
B) malfeasance
C) assault
D) fraud
E) misfeasance

Question 37

______ is a type of professional liability insurance that protects healthcare professionals from liability related to wrongful practices resulting in injury, expense, and property damages.

A) Liability insurance
B) Commercial liability insurance
C) Medical malpractice insurance
D) General liability insurance

Question 38

______ refers to the level and type of care an ordinary, prudent healthcare professional, having the same training and experience in a similar practice, would have provided under a similar situation.

A) Scope of practice
B) Tortfeasor
C) Reasonable person standard
D) Standard of care

Question 39

In a case in which there was obvious negligence, this doctrine may apply, and it is Latin for "the thing speaks for itself."

A) Subpoena duces tecum
B) Respondeat superior
C) Res ipsa loquitur
D) Quid pro quo
E) Res judicata

Question 40

This affirmative defense is used when the plaintiff's actions or lack of actions cause the injury.

A) Assumption of risk
B) Limited or no harm
C) Comparative negligence
D) Intervening cause
E) Contributory negligence

Question 41

An insurance policy that covers claims made during the policy year.

A) Claims-made policy
B) Nose coverage policy
C) Tail coverage policy
D) Occurrence policy

Question 42

__________ is consent that is given by the spoken or written word.

A) Expressed consent
B) Implied consent
C) Informed consent
D) Written consent

Question 43

__________ is consent that is inferred based on signs, actions, or conduct of the patient rather than oral communication.

A) Expressed consent
B) Implied consent
C) Informed consent
D) Written consent

Question 44

An insurance policy that covers claims for wrongful acts that occurred during the policy year.

A) Claims-made policy
B) Nose coverage policy
C) Tail coverage policy
D) Occurrence policy

Question 45

The state of lacking the ability to manage personal affairs due to mental deficiency is called _____.

A) emancipated
B) incompetence
C) mature
D) respondeat superior

Question 46

An _________ occur when the parties have agreed to the terms of a contract in writing, orally, or both.

A) informed consent
B) expressed consent
C) implied consent
D) implied contract
E) expressed contract

Question 47

A/An ________ is a person under the age of adulthood who demonstrates the ability to make a personal healthcare decision and can give informed consent for treatment.

A) minor
B) emancipated minor
C) mature minor
D) competent minor

Question 48

Contracts that must be in writing are found in each state's ____________.

A) constitution
B) practice act
C) ordinances
D) statute of frauds

Question 49

__________ is a legal process that ensures the patient or guardian understands the treatment and gives consent for the treatment.

A) Expressed consent
B) Implied consent
C) Informed consent
D) Written consent

Question 50

What is true regarding terminating the provider-patient relationship?

A) The provider must notify the patient in writing.
B) The date of the termination must be indicated.
C) The letter must be sent as a certified letter with return receipt requested.
D) A copy of the letter must be added to the patient's health record.
E) All of the above

Question 51

Who can give informed consent?

A) Married minors
B) Minor parents
C) Emancipated minors
D) Mature minors
E) All of the above

Question 52

A sworn testimony made before a court-appointment officer.

A) Subpoena
B) Interrogation
C) Deposition
D) Expert witness
E) Fact witness

Question 53

What is true regarding the Patient's Bill of Rights?

A) The American Hospital Association created a patient's bill of rights for its members.
B) Most agencies have patient's bill of rights that outline a patient's right and responsibilities.
C) Congress passed the Patient's Bill of Rights.
D) A and C are correct

Question 54

Who can enter into a contract?

A) A minor
B) An incompetent person
C) An emancipated minor
D) An intoxicated person
E) None of the above

Question 55

A legal document commanding a person to bring a piece of evidence to court.

A) Subpoena
B) Deposition
C) Subpoena duces tecum
D) Interrogatory

Question 56

A minor who has been granted the rights and responsibilities of adulthood by the court.

A) Competent minor
B) Emancipated minor
C) Mature minor
D) Court-ordered minor

Question 57

What type of situation would NOT meet the informed consent requirements?

A) A mother of an 18-year-old college student signs the treatment consent form.
B) The patient is an emancipated minor.
C) The patient is incompetent.
D) All of the above
E) A and C

Question 58

Which is not one of the four D's of negligence?

A) Duty of care
B) Damages
C) Dereliction
D) Direct relationship
E) Direct cause

Question 59

Which of the following are elements required for legally binding contracts?

A) Offer and acceptance
B) Consideration
C) Legal subject matter
D) Competency and capacity
E) All of the above

Question 60

This type of liability coverage protects against claims related to invasion of privacy, slander, and imprisonment.

A) General liability insurance
B) Personal injury insurance
C) Commercial liability insurance
D) Malpractice insurance
E) Professional liability insurance

Question 61

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

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

Question 62

__________ is a recognition granted by a specific organization to educational, healthcare, or managed care organizations that have demonstrated compliance with standards.

A) Certification
B) Registered
C) Accreditation
D) Licensure

Question 63

The ___________ for an occupation defines the procedures, actions, and the processes that individuals are permitted to perform.

A) standard of care
B) licensure
C) scope of practice
D) duty

Question 64

A policy was in effect from the entire year of 2025 and a liability claim was filed on June 23, 2027 related to an incident that happened in 2025. What type of coverage could cover the claim, if purchased?

A) Claims-made policy
B) Occurrence policy
C) Umbrella coverage policy
D) No coverage at all

Question 65

If a licensed healthcare professional oversteps his or her scope of practice, what can occur?

A) The license can be revoked.
B) The license can be suspended.
C) The person can be placed on probation.
D) The person can be reprimanded.
E) All of the above

Question 66

A written statement of defamation is known as

A) slander.
B) assault.
C) libel.
D) negligence.

Question 67

The process of facilitating conflicting parties to make an agreement, settlement, or compromise, which is not legally binding.

A) Arbitrator
B) Res ipsa loquitor
C) Arbitration
D) Mediation

Question 68

Physicians or advance practice professionals who temporarily contracted to provide healthcare services when a facility has a vacancy, vacation, or a leave of absence.

A) Locum tenens
B) Deposition
C) Subpoena duces tecum
D) Interrogatory
E) Substitute coverage

Question 69

Raising a hand to strike a patient, even if the patient was not touched, can be considered

A) assault.
B) battery.
C) libel.
D) abuse.

Question 70

Negligence must be

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

Question 71

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

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

Question 72

Which of the following is true?

A) Physicians need a license to practice medicine.
B) Medical assistants can obtain a certification.
C) Medical assistants must obtain a license in the US to practice.
D) A and B

Question 73

Damages for financial losses based on actual income and expenses are called

A) punitive.
B) nominal.
C) compensatory.
D) None of the above

Question 74

The process in which conflicting parties in a dispute submit their differences to a court-appointed person, who submits a legally binding decision.

A) Arbitrator
B) Res ipsa loquitor
C) Arbitration
D) Mediation

Question 75

A mandatory process established by state law that ensures a person has met the legal standards for practicing an occupation in that state.

A) Certification
B) Registered
C) Accreditation
D) Licensure

Question 76

What term is used to describe the amount of time a plaintiff has after an injury to file a lawsuit?

A) Statute of limitations
B) Discovery rule
C) Release of tortfeasor
D) Respondeat superior

Question 77

To help prevent malpractice, a healthcare provider should

A) work within their scope of practice.
B) make promises to cure a patient.
C) treat patients as if they were friends.
D) with permission from a superior, work outside their job description.

Question 78

The improper performance of a lawful act is called

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

Question 79

The Medical Practice Act that governs healthcare professionals is regulated

A) at the local level.
B) at the state level.
C) at the federal level.
D) by all of the above.

Question 80

______ is a voluntary process indicating that a person has met predetermined criteria. This is granted by a nongovernmental agency and many times requires passing an exam.

A) Certification
B) Registered
C) Accreditation
D) Licensure