Question 1

Expert testimony is used in a malpractice case to _____.

Accepted Answer

A)  defend the provider of health care 
B)  determine if a claim should be filed 
C)  establish a breach in the standard of care 
D)  estimate the damages due the plaintiff

Question 2

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 3

The unauthorized acquisition,access,use or disclosure of protected health information,which compromises the privacy or security of such information is called _____.

Accepted Answer

A)  breach of confidentiality 
B)  corporate negligence 
C)  failure to warn 
D)  intentional tort

Question 4

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 5

The notice of breach of confidentiality must include a(n)_____.

Accepted Answer

A)  authorization for the release of protected health information 
B)  description of types of unsecured protected health information involved 
C)  offer of monetary compensation for the breach of protected health information 
D)  prohibition regarding redisclosure of the protected health information

Question 6

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 7

Intentional torts are committed by a person who lacks the intent to do something wrong.

Accepted Answer

A) True 
 B)False

Question 8

An intentional tort may include a(n)_____.

Accepted Answer

A)  assault 
B)  failure to warn 
C)  negligence 
D)  vicarious liability

Question 9

Good Samaritan statutes protect _____.

Accepted Answer

A)  healthcare providers who work in hospital emergency departments 
B)  hospital and other healthcare workers from being sued for negligence 
C)  reckless emergency care treatment if delivered with the best of intentions 
D)  rescuers from claims related to the administration of unauthorized treatment

Question 10

Medical abandonment may be applied to a patient who was _____.

Accepted Answer

A)  discharged with continued chest pain and who later died of a heart attack upon returning to her home. 
B)  noncompliant regarding taking prescribed medications,for which his physician terminated their relationship. 
C)  unable to reach his physician who was out of town and who had arranged for his partner to be on call for his patients. 
D)  discharged with a diagnosis of false labor and who had a follow-up appointment with her obstetrician scheduled.

Question 11

Res ipsa loquitur is a type of _____ tort.

Accepted Answer

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

Question 12

The physician-patient relationship is established when the patient _____.

Accepted Answer

A)  is assigned a primary care physician by the third-party payer 
B)  negotiates the cost of health care services with a physician 
C)  presents to the physician for the purpose of receiving health care 
D)  requests health care and the physician agrees to render health care

Question 13

List the 3 types of damages mentioned in the textbook.

Accepted Answer

The answer of List the 3 types of damages mentioned...

Question 14

Publishing something in the newspaper that leads another to ridicule a person or diminish esteem and respect for that person is called libel.

Accepted Answer

A) True 
 B)False

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

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?

Accepted Answer

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

Question 17

Res ipsa loquitur is translated as _____.

Accepted Answer

A)  let the patient beware 
B)  let the physician decide 
C)  the patient is always right 
D)  the thing speaks for itself

Question 18

COBRA is the abbreviation for _____.

Accepted Answer

A)  Consolidated Omnibus Budget Reconciliation Act 
B)  Consolidated Omnibus Burditt Reconciliation Act 
C)  Congressional Omnibus Budget Reconciliation Act 
D)  Congressional Operating Budget Reconciliation Act

Question 19

List the 4 elements that must be proven in a negligence claim.

Accepted Answer

The answer of List the 4 elements that must be...

Question 20

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

Exam 4: Principles of Liability