Question 1

Nominal damages are awarded to _____.

Accepted Answer

A)  justify bringing a lawsuit 
B)  make the plaintiff whole 
C)  punish the defendant 
D)  vindicate the injured party

Question 2

Under res ipsa loquitur the _____.

Accepted Answer

A)  condition or injury was not the result of negligence and cannot result in a lawsuit 
B)  injury could have also occurred without the health care provider's involvement 
C)  patient could have contributed to his own injury, and a lawsuit is optional 
D)  provider had exclusive control over the instrument involved in the injury

Question 3

Under the theory of failure to warn, the psychotherapist _____.

Accepted Answer

A)  can warn an intended victim if the patient expresses the intent to do harm 
B)  has an ethical obligation only, not a legal one, which means a warning is optional 
C)  may not reveal a patient's intentions to harm a third party due to confidentiality issues 
D)  should alert the authorities only to the possibility that the patient may harm another

Question 4

The first step to establishing liability is that _____.

Accepted Answer

A)  A relationship must be established between a healthcare provider and a patient 
B)  An error in the delivery of healthcare must be identified by the risk manager 
C)  The healthcare provider must be licensed by the state in which the injury occurs 
D)  The patient must have sustained an injury and received negligent care for it

Question 5

A hospital-patient relationship is established when a patient _____.

Accepted Answer

A)  asks a physician to initiate a referral for elective surgery 
B)  calls for information regarding available healthcare services 
C)  presents either voluntarily for care or in an emergency situation 
D)  receives and processes the hospital's bill for services provided

Question 6

Medical staff privileges include ____.

Accepted Answer

A)  failure to act prudently 
B)  intentional torts 
C)  lack of intent to do wrong 
D)  scope of physician's practice

Question 7

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

Accepted Answer

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 8

Which theory applies to a patient who refuses antibiotics for an upper respiratory infection and who later acquires pneumonia?

Accepted Answer

A)  absolute negligence 
B)  contributory negligence 
C)  professional negligence 
D)  third-party negligence

Question 9

Malpractice refers to _____.

Accepted Answer

A)  assault and battery 
B)  breach of duty 
C)  negligence 
D)  professional misconduct

Question 10

Punitive damages may be awarded _____.

Accepted Answer

A)  Above and beyond actual damages 
B)  In lieu of nominal damages 
C)  To make the plaintiff whole 
D)  Without proof of outrageous behavior

Question 11

Intentional infliction of emotional distress includes a defendant's conduct that is so extreme and outrageous that it causes the plaintiff to experience severe emotional distress, and the defendant engages in the conduct with the intent to cause emotional distress.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following must be demonstrated in order to charge invasion of privacy?

Accepted Answer

A)  An unwarranted exploitation of an individual's personality occurred. 
B)  A patient's before and after surgical photos were published with his consent. 
C)  A public report accurately described the negative aspects of a person's activities. 
D)  A publication was released that described procedures performed.

Question 13

Which relationship begins with the credentialing process?

Accepted Answer

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

Question 14

The anti-dumping law is abbreviated as _____.

Accepted Answer

A)  COBRA 
B)  EMTALA 
C)  HIPAA 
D)  TEFRA

Question 15

Tarasoff v. Regents of University of California held that:

Accepted Answer

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 16

Respondeat superior is associated with _____.

Accepted Answer

A)  comparative negligence 
B)  corporate liability 
C)  professional negligence 
D)  vicarious liability

Exam 4: Principles of Liability