Deck 3: Ethics and Law for the Medical Office

Question 1

Identify where to report illegal and/or unsafe activities and behaviors that affect health, safety, and welfare of others

Answer 1

not answered

Question 2

Explain how the following impact the medical assistant's practice and give examples (a. Negligence, b. Malpractice, c. Statute of limitations, d. Good Samaritan Act(s), e. Medical durable power of attorney, f. Living will/advanced directives, g. Medical durable power of attorney)

Answer 2

not answered

Question 3

Describe liability, professional, personal injury, and third party insurance

Answer 3

not answered

Question 4

Medical Law and Ethics

Question 5

Provide an example of tort law as it would apply to medical assisting

Question 6

Discuss licensure and certification as it applies to health care providers

Question 7

Compare criminal and civil law as it applies to the practicing medical assistant

Question 8

Differentiate between legal, ethical, and moral issues affecting health care

Question 9

Summarize the Patient Bill of Rights

Question 10

Discuss all levels of governmental legislation and regulation as they apply to medical assisting practice, including FDA and DA regulations

Question 11

Define both medical terms and abbreviations related to all body systems

Question 12

Describe the implications of HIPAA for the medical assistant in various medical settings

Question 13

Recognize the role of patient advocacy in the practice of medical assisting

Question 14

Discuss the role of cultural, social, and ethnic diversity in ethical performance of medical assisting practice

Question 15

Psychology of Human Relations

Question 16

Explore the issue of confidentiality as it applies to the medical assistant

Question 17

Identify the effect personal ethics may have on professional performance

Question 18

Discuss how the Americans with Disabilities Act (ADA) applies to the medical profession

Question 19

Compare personal, professional, and organizational ethics

Question 20

Compare and contrast physician and medical assistant roles in terms of standard of care

Question 21

What U.S. Supreme Court decision in 1973 established the right of a woman to obtain an abortion in any state?

A) Roe v. Wade
B) Row v. Wade
C) Row v. Waide
D) Roe v. Waide

Question 22

Which 1990 law recognizes the rights of adults to refuse treatment for disease?

A) Patient's Right to Refuse Treatment Act
B) Patient's Bill of Rights
C) Patient Self-Determination Act
D) Patient's Right to Euthanasia Act

Question 23

In today's health care environment, it is seen as a proactive duty that physicians and other health care professionals must provide truthful information without having to be asked. This expectation of truthfulness by all health care workers is called

A) Beneficence
B) Fidelity
C) Veracity
D) Nonmalfeasance

Question 24

What is the purpose of an advance directive?

A) States an individual's wishes regarding health care if the individual is not able to speak for him or herself
B) Names an individual to make decisions for an individual if he or she becomes incapable of doing this
C) Expresses an individual's wish to donate organs when he or she dies
D) States an individual's wish not to be resuscitated if his or her heart stops beating
E) All of the above

Question 25

What is the name for the concept that a health professional should do the best possible?

A) Misfeasance
B) Nonfeasance
C) Malfeasance
D) Beneficence

Question 26

What right is the basis for informed consent?

A) Right to life
B) Right to privacy
C) Right to autonomy
D) Right to the means to sustain life

Question 27

Which of the following does NOT represent how medical assistants function as patient advocates?

A) Making sure that all insurance claims are complete
B) Suggesting appropriate community referrals
C) Suggesting possible diagnoses to the physician
D) Adhering to policies that protect a patient's rights

Question 28

Informed consent is consent based on

A) Guarantees regarding outcomes
B) Understanding of a medical procedure and its possible outcomes
C) Promises that all possible procedures will be performed
D) Protection from all liability

Question 29

What is the name for normal, acceptable behavior in our society?

A) Ethics
B) Morals
C) Etiquette
D) Laws

Question 30

While attempting to make an ethical decision, Stacy has determined that she does not wish to cause problems and she wants to avoid a hassle. However, she feels that patient treatment may be compromised. What has Stacy done?

A) Gathered information
B) Identified conflicting values, rights, duties, and desires
C) Explored alternatives
D) Chosen an alternative and justified it

Question 31

What is another name for the duty to meet reasonable expectations of patients?

A) Fidelity
B) Beneficence
C) Nonmalfeasance
D) To do no harm

Question 32

Early leaders of the American government believed in natural rights and the duty of any government to preserve them. Which of the following is NOT one of the rights?

A) Right to life
B) Right to privacy
C) Right to autonomy
D) Right to a share of society's resources

Question 33

Which of the following does NOT fall into the category of advance directives?

A) Informed consent form
B) DNR order
C) Living will
D) Health care proxy

Question 34

What is one important reason for a medical assistant to study ethics?

A) To learn how to justify his or her actions-good or bad
B) To be able to criticize others effectively
C) To feel good about himself or herself
D) To develop the intellectual skills to analyze complex problems

Question 35

In her role as medical assistant, Stacy has an important ethical decision to make. She has decided to implement the six-step process to make ethical decisions. What is the first thing she must do?

A) Identify the conflicting values
B) Explore alternatives
C) Gather information
D) Justify an alternative

Question 36

The experimental treatments that attempt to treat or cure disease by giving patients new genes or parts of genes that have been synthesized in the laboratory, taken from human tissue, or engineered from genetic material of animals or other species is called

A) Cloning
B) Gene therapy
C) Genetic engineering
D) Stem cell research

Question 37

What is the name for a patient's right to make decisions about health care according to individual values and concerns?

A) Privacy
B) Autonomy
C) Requirements
D) Confidentiality

Question 38

Current thinking about biomedical ethics identifies several rights. What is a right?

A) A wish
B) A need
C) A requirement
D) A strong claim

Question 39

What is the branch of law that deals with offenses against the public welfare that affect all people?

A) Common law
B) Criminal law
C) Civil law
D) Statutory law

Question 40

In how many states is physician-assisted suicide legal?

A) One
B) Two
C) Three
D) This practice is illegal in all states

Question 41

What is the name for a serious crime punishable by death or imprisonment?

A) Tort
B) Breach of contract
C) Felony
D) Misdemeanor

Question 42

Malpractice insurance is also known as

A) Litigation insurance
B) Professional negligence insurance
C) Professional liability insurance
D) Arbitration insurance

Question 43

In determining whether or not a cardiologist provided his patient with reasonable care, with whom would a physician be compared?

A) General practitioners.
B) Other cardiologists in his community or similar communities.
C) Cardiologists throughout the world.
D) No one; the doctor's actions would have to stand on their own merit.

Question 44

The term that refers to "the level of appropriate care legally required of any other practitioner with the same education and training providing the same care in the same geographic region" is

A) Standard of care
B) Beneficent care
C) Professional care
D) Contingent care

Question 45

A physician has discontinued care of a patient without properly notifying the patient. This is called

A) Malpractice
B) Abandonment
C) Illegal termination
D) Negligence

Question 46

Which of the following is the best description of informed consent?

A) The patient signs a "Permission to Operate" form.
B) The patient is told in great technical detail about the treatment or operation.
C) The patient is told by the physician about any risks, hazards, or possible complications associated with the treatment in terms that the patient fully understands before submitting to treatment.
D) The patient dictates his or her consent to the medical assistant, who copies the agreement onto the medical chart, and then the patient signs it.

Question 47

Most individual states have passed legislation defining a Patient Bill of Rights, based on the federal Consumer Bill of Rights and Responsibilities adopted in 1998. Which of the following is NOT considered a component of patient rights?

A) Right to refuse treatment
B) Right to continuity of care
C) Right to compensation in cases of malpractice
D) Right to select a physician

Question 48

When a patient initiates a legal suit, what role does the patient play in a lawsuit?

A) Accuser
B) Defendant
C) Contractor
D) Plaintiff

Question 49

Cities and towns enact laws that have to do with the general welfare of its citizens. What are these laws called?

A) Common laws
B) Bills
C) Acts
D) Ordinances

Question 50

What is the name for the party against whom the lawsuit is brought, whether this is a doctor, medical facility, or hospital?

A) Accused
B) Defendant
C) Contractor
D) Plaintiff

Question 51

What is the legal nature of the doctor-patient relationship?

A) A contract
B) A partnership
C) A professional association
D) None of the above

Question 52

Which of the following patients would be able to give informed consent for treatment?

A) A 17-year-old boy
B) A 73-year-old woman with a serious mental condition
C) A 23-year-old man with Down syndrome
D) A 35-year-old woman with a hip fracture
E) All of the above

Question 53

Which of the following is/are recommended as a means for a patient to prepare for possible injury or illness resulting in the inability to make health care decisions?

A) Health care proxy
B) Living will
C) Medical durable power of attorney
D) All of the above

Question 54

What type of law refers to law arising from the actions of federal government agencies such as the Social Security Administration and the Internal Revenue Service?

A) Administrative law
B) International law
C) Common law
D) Criminal law

Question 55

What does the doctrine of respondeat superior mean?

A) The physician is liable for the negligent actions of his or her employees.
B) "The thing speaks for itself" and negligence must have occurred.
C) If a patient is injured during surgery, it will be assumed that the physician is negligent.
D) The patient can only sue the health professional who is negligent, not the medical office.

Question 56

What is the legal meaning of the word "liability"?

A) Malfeasance
B) Responsibility
C) Negligence
D) Prudence

Question 57

How should a physician terminate a relationship with a patient in order to avoid a possible lawsuit for abandonment?

A) Obtain the patient's written consent
B) Call the patient on the phone and inform him or her
C) Notify the patient in writing
D) The physician cannot terminate the physician-patient relationship

Question 58

Which of the following is NOT one of the four Ds of malpractice?

A) Duty owed by physician to patient
B) Dereliction of duty by physician to patient
C) Damages to the patient resulting from breach of duty
D) Determination of negligence to patient

Question 59

What is the name for the crime of billing an insurance company for tests and procedures that were never performed?

A) Grand larceny
B) Embezzlement
C) Conspiracy
D) Fraud

Question 60

What branch of civil law compensates individuals for injury?

A) Contract law
B) Tort law
C) Administrative law
D) Judicial law

Question 61

Which of the following is NOT regulated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA)?

A) Rules for reporting suspicious deaths or injuries
B) Disclosure of health information
C) Electronic transmission of health information
D) Creation of National Provider Identification (NPI) number for health care providers

Question 62

Which federal agency is responsible for physical protection of employees in the workplace?

A) DEA
B) EEOC
C) ADA
D) OSHA

Question 63

When one employee engages another with unwanted comments or physical contact of a sexual nature, what is it called?

A) Bad behavior
B) Flirting
C) A moral offense
D) Harassment

Question 64

A drug that has a potential for addiction and/or abuse is called

A) A Schedule V drug
B) A prescription
C) A controlled substance
D) A medication

Question 65

How many employees must a business have for them to be protected by Equal Opportunity Employment laws?

A) 5 people
B) 10 people
C) 15 people
D) 25 people

Question 66

Which of the following federal acts includes incentives to encourage adoption of electronic medical records by physicians and health care facilities?

A) HIPAA
B) HITECH
C) EMR
D) OSHA

Question 67

If both sides are willing, some disagreements can be settled out of court with the help of a facilitator. What is this process called?

A) Facilitation
B) Mediation
C) Arbitration
D) Out-of-court settlement

Question 68

Ethics refers to the choice between alternative courses of action that have moral and social consequences.

Question 69

Which of the following must be reported to the proper authorities even if the patient does not consent?

A) Gunshot wound
B) Possible rape
C) Case of tuberculosis
D) Spontaneous abortion (miscarriage)
E) All of the above

Question 70

A 30-year-old patient felt discomfort in the right lower quadrant of the abdomen for 6 months after having surgery. On a subsequent X-ray examination, it was discovered that the surgeon had left a sponge in the patient during a previous surgery. When does the statute of limitations begin?

A) On the day of the surgery
B) On the day the patient first felt discomfort
C) On the day that the patient was given the X-ray results
D) On the day the patient became 18 years old

Question 71

Lois Collagen had her nose reconfigured by a plastic surgeon. Two days after the surgery she had a nose bleed and noticed that she had an elevated temperature. She did not report this to her doctor. As a result, her nose became badly inflamed and the surgical result was not what she had hoped for. At the trial, the judge found that Lois was 40% responsible for her damages. What is this called?

A) Defamation
B) Assumption of risk
C) Comparative negligence
D) Malpractice

Question 72

Which of the following is true with regard to DEA drug regulations for the medical office?

A) Inventory must be completed on a daily basis.
B) All medication types can be stored together as long as they are tracked.
C) At least three people must sign off on documentation if drugs must be wasted or destroyed.
D) Prescription forms can be stored with all of the patient files.

Question 73

To whom would physicians report cases of specific infectious diseases?

A) Local police department
B) Local board of health
C) The hospital where they have privileges
D) The state medical examiner or coroner

Question 74

What agency is responsible for issuing a state license to practice medicine?

A) The state legislature
B) Physician licensing board of each state
C) American Medical Association
D) The state professional association

Question 75

To what agency should employees complain if they feel that they have been discriminated against in their hiring, firing, or employment?

A) Equal Opportunity Employment Agency
B) Civil Rights Act of 1964
C) Federal Discrimination Act
D) Equal Employment Opportunity Commission

Question 76

Which federal law regulates minimum wages?

A) Department of Labor
B) Fair Labor Standards Act
C) Minimum Wage Law
D) There is no federal law for this because states regulate minimum wage

Question 77

Once a medical facility has received notice that a patient has initiated a lawsuit, what type of statement must the patient sign?

A) Permission to release information
B) Written contract
C) Statement assuming risk for any injury
D) Informed consent statement

Question 78

A 16-year-old patient has large visible scars on her neck from an ear operation performed when she was 12 years old. The patient's parents did nothing to recover damages for the child. What can be done to compensate this child for the scars?

A) The parents must have begun a lawsuit within 3 years of the surgery.
B) It is too late to do anything for compensation.
C) The parents must sue before the child is 18 years old.
D) The patient can institute a lawsuit when she is 18 years old.

Question 79

If an employee is paid on an hourly basis, what is the minimum rate for overtime pay?

A) 1½ times the employee's regular rate of pay for time worked beyond 40 hours in 1 week
B) 2 times the regular rate of the highest-paid employee for time worked beyond 40 hours in 1 week
C) 1½ times the employee's regular rate of pay for time worked beyond 37½ hours in 1 week
D) 2 times the employee's regular rate of pay for time worked beyond 37½ hours in 1 week

Question 80

What are reasons to revoke or suspend a physician's license?

A) Conviction of a crime
B) Unprofessional activity
C) Physical or mental incapacitation
D) Senility
E) All of the above