Medical Law & Ethics

What Greek physician is known as the father of medicine?

(A) Hippocrates

CHAPTER 12

CHAPTER 12

In which of the following situations has patient privacy been violated?

In the presence of other patients in a clinic waiting room, a medical assistant tells a patient that her pregnancy test is positive.

Created a no-fault compensation program for health care

SEPPA

If a physician examines a patient without consent, he or she could be charged with which of the following:

battery

A civil offense

may involve a family matter

In the previous situation, to whom is a duty of care owned?

A duty of care is owed to the patient

The Uniform Anatomical Gift Act does NOT include the provision(s) that:

Organs are not accepted from patients 60 years of age.

What is a tortfeasor?

the person who commits a tort

DNA:

(stands for deoxyribonucleic acid) is the combination of proteins (nucleotides) that are arranged to make up an organisms chromosomes.

What are the 5 C's for correctly entering information into a medical record?

-Concise -Complete -Clear -Correct -Chronologically ordered

Name five bioethical issues of concern in today's society.

-Is human experimentation essential, or even permissible, to advance biomedical research? Should certain categories of people have lower priority than others for organ transplants? Do reproductive technologies offer hope to the childless, or are they unethical? Should animals ever be used in research? Should the government be able to regulate genetic research?

List and define 3 functions a state government can assume:

-Issue licenses -Regulate intrastate business -Conduct elections

Which governmental functions are reserved strictly for the federal government?

-Print money -Regulate interstate and international trade -Make treaties and conduct foreign policy -Declare war -Provide army and navy -Make laws necessary and proper.

How is unethical behavior punished?

-Suspension or eviction from medical society membership, as decided by peers

List three areas where healthcare practitioners can gain insight through studying law and ethics.

-The rights, responsibilities, and concerns of health care consumers -The legal and ethical issues facing society, patients, and healthcare practitioners as the world changes -The impact of rising costs on the laws and ethics of healthcare delivery.

Which U.S. Constitutional Amendments deal with the issue of privacy?

1,3,4,5,9,14th

Name the Four C's of Malpractice

1. Communication: communicating clearly and accurately while also asking for confirmation of being understood. Example: relying a message from patient to physician and other way around. 2. Caring: beneficial in improving patients' medical condition and the likelihood of being sued. Listening to a patients concerns and relaying the message to a physician is an example. 3. Competence: Knowing your area of expertise, following standards of care, and follow proper procedures. An example is staying informed by reading journals, studies, etc. on new cases and research. 4. Charting: document everything or it wasn't done. Documenting information properly like you would if a patient was able to see it.

Eight Guidelines for Physicians and Health care practitioners to follow preventing malpractice lawsuits:

1. Develop good listening skills and nonverbal communication techniques 2. Know when a patient requires immediate attention or higher care. 3. Reminding physicians to explain illnesses and treatment options, and possible complications in detail while allowing patient to ask questions. 4. Making sure patients are signing informed consent before undergoing procedures. 5. Avoiding statements that could be construed as admission of fault on the physician's part. 6. Using good judgement and professionalism when handling patients. Listening when patient is dissatisfied. 7. Avoid making promises about prognosis and recovery. 8. Making sure to let patients know when the doctor will not be available for an extensive amount of time to avoid patient abandonment.

1. A medical facility must keep records concerning the administering or dispensing of a controlled drug in file for:

2 years

How many years does the Food and Drug Administration require research records pertaining to cancer patients be maintained for

30 years

A breach of more than ______ records require notification to the media.

500

Which of the following best defines a managed care health plan?

A corporation that pays for and delivers care to subscribers.

Summary Judgement:

A decision made by a court in a lawsuit in response to a motion that pleads there is no basis for a trial.

Coma is best defined as

A deep stupor from which the person cannot be roused by external stimuli

Bioethics:

A discipline dealing with the ethical implications of biological research methods and results, especially in medicine.

Which of the following is NOT a from of sexual harassment in the workplace?

A female supervisor hires a male assistant.

Which of the following statements is true?

A majority of health care practitioners now work for corporations

How is mediation best defined?

A neutral third party listens to both sides of the argument and then helps resolve the dispute.

According to the reasonable person standard as discussed in this chapter, in which of the following situations might a person be charged with negligence?

A nurse fails to document her administration of a patients medicine and another nurse unknowingly administers a second dose.

Which of the following individuals may not be able to give informed consent for medical treatment?

A person who speaks a foreign language

Who is most likely to give factual testimony in a trial?

A person who was present during certain events and can tell what happened

Which of the following is an example of an implied limited contract?

A physician at the scene provides emergency care to a car accident victim

Which of the following is not a threat to the confidentiality of a patients medical record?

A physician shows a patient's medical record to a consulting specialist.

1. Which of the following best defines a coroner?

A public official who investigates and holds inquest over those who did from unknown or violent causes

what is a copayment?

A set amount that each patient pays for each office visit

1. Which of the following is TRUE of Lawrence Kohlberg's theory of the development of moral reasoning?

A social contract is formed during the post-conventional morality stage.

Which of the following best defines surrogacy?

A woman bears a child for another woman

1. Which of the following injuries are reported to law enforcement or to the health department?

A woman tells her physician that her broken ribs occurred when her husband beat her.

A plea is made for the case to be reviewed by the higher court in the APPEALS phase of a lawsuit

APPEALS

Which of the following indicates a health care facility, education programs, or managed care organization is credible and maintains high standards?

Accreditation

The general term used to describe documents serving to appoint an individual, chosen by the patient, to represent the patient's health care interests is

Advance directive

Protects employees aged 40 or older

Age Discrimination in Employment Act

Which of the following is NOT true of the stages of grief?

All grieving people progress through the stages in order.

Which of the following penalties could ensue if a health care facility has a large number of patient safety violations?

All of the above (the facility could lose its accreditation, fines could be levied, medical practice claims could increase)

Hospice care is found

All of the above locations (Hospitals, special facilities, home care)

In which of the following situations may a physician practice without a license in a specific state?

All of the above.

Which of the following employment issues do federal laws generally address?

All of the above.

Which of the following health care practitioners can submit bills for their service on their own?

All of the above. (Dieticians, Advanced registered nurse practitioners,Physicians)

Which of the following is an advantage that might apply to individuals attending an accredited health care education program?

All of the above. (Transfer of Credits more easily accepted if one changes schools, More likely to obtain a license after graduating, More likely to be selected for a federal student aid program)

1. A coroner or medical examines signs a death certificate if

All of these

Infection control in the medical office requires employees to

All of these

The Clinical Laboratory Improvement Act (CLIA)

All of these

Which of the following helps control infections in the medical office?

All of these

Which of the following types of evidence may an employee produce to substantiate a wrongful discharge claim?

All of these

Which of the following might a health care practitioner suffer if convicted of the False Claims Act, the Federal Anti-Kickback Law, the Stark Law, or the Criminal Health Care Fraud Statute?

All of these (- fine -A prison sentence -Loss of medical license)

In which of the following situations might DNA testing be indicated?

All of these (-A man involved in a paternity suit -Parents who suspect they brought the wrong baby home from the hospital -A woman who is a suspect in a murder)

An entity may have violated the Stark Law if "yes" is answered to which of the following questions?

All of these (-Has a physician or a member of her family referred a Medicare or Medicaid patient to an entity? -Is the referral for a "designated health service"? -Is there a financial relationship between the referring physician or family member and the entity providing service?)

Which of the following constitutes a data breach?

All of these (A medical office computer is sold without erasing the hard drive. A hacker accesses a hospital's list of patients with HIV. A business-use laptop is stolen from a health insurance company executive while she is traveling.)

Health Care Practitioners actions are generally classified as fraud include:

All of these (Falsifying medical diplomas, Falsifying medical reports, Promising a patient 'secret cures')

Landmark events in the right to die movement include

All of these (The Karen Ann Quinlan Case, The Nancy Cruzan case, The Terry Schiavo case)

The doctrine of res ipsa loquitur might be applied in which of the following?

All of these (A surgeon operates, woman's front tooth, woman is anesthetized)

Laws vary from state to state but unprofessional conduct for medical professionals usually includes:

All of these are unprofessional conduct

Dr. Elisabeth Kubler-Ross's five stages of coping with a death or with a terminal illness do not include which of the following?

All of these included (Acceptance,Bargaining,Depression)

Sellers and manufacturers can be held legally responsible for defective medical devices and products through what charges?

All of these. (Fraud, breach of warranty, misrepresentation of the product)

The basis for ethical conduct includes:

All of these. (Morals, culture, family)

Genome:

All the DNA in an organism including the genes.

An authorization in advance to withdraw artificial life support is

An advance directive

Which of the following best describes grief?

An emotion one feels when loss has occurred.

A lab technician fails to use an alcohol swab on the draw site before drawing from a patient. However, the technician uses all other standards of care when drawing the blood. To what standard of care could the lab technician be held?

Any lab technician

Dr. Wellness also sees patients at Anytown General Hospital, where he maintains records of hospital stays, procedures, and emergency room visits. To whom do these records belong?

Anytown General Hospital

Dr. Wellness works as an employee of Anytown Medical Clinic. Who owns the records of his patients?

Anytown Medical Clinic

Minors may be declared emancipated only if they

Are self-supporting

Elizabeth married at 16 years old with her parents' permission. Shortly after the wedding, she learned that her husband is HIV positive. In order for her to be tested HIV, she must

Ask a physician to administer the test and to be prepared to provide proof of her marriage

Which of the following is recommended by the Joint commission as a safe and reliable way of checking a patient's identity before surgery?

Ask the patient her name and birth date, and check for accuracy of both on her ID band

A physician or other health care practitioner who treats a minor in a non emergency situation, without parental consent, risks being charged with

Assault and/or battery

1. If the patient knew the inherent risk before treatment, the defendant may use _______ as a defense in a lawsuit

Assumption of Risk

When might an employee who is fired due his or her former employer for wrongful discharge?

At any time if the employee was discharged for an illegal reason.

Before the twentieth century death most likely occurred

At home

One of the best ways to ensure against loss or corruption of medical data is to

Back up all data regularly

Why did Tom and Bill, in this chapter's opening scenario come to different decisions?

Because of differences in their societal, cultural, and family influences

The common standard when the government makes decisions for minor children

Best interest of the child

Under the concept of employment-at-will, who has the right to terminate employment?

Both the employer & the employee

The Uniform Determination of Death Act defines ___ as a means of determining when death actually occurs.

Brain death

Violation of a professional organizations formalized code of ethics:

Can lead to expulsion from the organization.

Before pronouncing a non-responsive and unconscious patient dead, physicians may perform certain test. Which of the following is NOT a condition denoting death has occured?

Cannot stand unaided

Decisions made by judges in the various courts and used as a guide for future decisions:

Case Law or legal precedents

A W-2 form typically does NOT include

Change in employee's marital status

Federal regulations concerning newborns who are severely disabled take their authority from which federal regulation

Child Abuse Amendments

Mandates reporting of child abuse

Child Abuse Prevention and Treatment Act 1974

Which of the following is NOT true of Jean Piaget's theory of value development?

Children in the sensorimotor stage of development see things as right or wrong.

Which of the following federal laws protects employees from potential discrimination?

Civil Rights Act of 1964

Which of the following federal laws protects employees from sexual harassment in the workplace?

Civil Rights Act of 1964

Established the EEOC

Civil right of 1964

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

Claims made coverage

Provides minimum federal standards for quality laboratory testing

Clinical Laboratory Improvement Act/Amendments

The process that produced Dolly the sheep

Cloning

In the past this has dictated that parents have a right to decide what medical care children receive

Common Law

1. When damages are apportioned according to the degree a plaintiff contributed to his or her injury, this is called

Comparative negligence

What federal statue protects patients with histories of substance abuse regarding the release of information about treatment?

Confidentiality of alcoholic and drug abuse patient records

What duties might a medical ethicist perform?

Consult with physicians, researchers, and others to help them make difficult decisions. They may also sit on the ethics committee if such a specialist is available.

Also known as the comprehensive drug abuse prevention

Controlled Substance Act

1. Briefly define the term federalism

Cooperation among federal, state, and local governments

As a branch of the Department of Justice regulates the sale and use of drugs

DEA

A form of advance directives that allows hospital patients to tell health care practitioners not to revive them if breathing stops is called a:

DNR order.

1. Physicians may NOT sign a death certificate in which of the following situations?

Death is suspicious

The purpose of the Uniform Determination of Death Act was to

Define guidelines for determining when death actually occurs

Substantive law:

Defines the legal relationships between people or between people are the state

1. When the defendant alleges that he or she did no wrong, that defense is called

Denial

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

Denial

Genetic discrimination is best described as

Differential treatment of individuals based on their actual or presumed genetic differences

Which of the following questions is illegal to as a job applicant?

Do you have children

A physician determines that a patient being treated for a mental condition may not see his medical records. This is known as

Doctrine of professional discretion

After an entry in the medical record has been written or keyed and an error is discovered, what procedure should be followed to correct the error?

Draw a line through the error

1. A physician assistant is seeing a patient in an assisted living facility. her patient clearly has the flu. she treats the patient and then advises the facility's nursing director of the communicable disease. this is an example of?

Duty of Care

1. To establish a standard of care in a trial, EXPERT TESTIMONY is required.

EXPERT TESTIMONY

Licensure to practice medicine is done by

Each individual state

1. Which of the following is an affirmative defense?

Emergency

Under the _______ defense, a health care practitioner who comes to the aid of an accident victim at the scene would not be held liable

Emergency

Regulates private pension funds and employer benefit programs

Employee Retirement Income Security Act

A right to know law is designed to protect

Employees

Administrative Law:

Enabling statutes enacted to define powers and procedures when an agency is created

Which of the following is NOT a stated goal of health insurance portability and accountability act?

Ensure that every person has health insurance.

Which federal office can be contacted to report charges or complaints of employment discrimination?

Equal Employment Opportunity Office

Require equal pay for equal work.

Equal Pay Act

Written codes of ethics for healthcare practitioners:

Evolved primarily to serve as moral guidelines for those who provided care to the sick

Tests and approve drugs for public use

FDA

Regulates child labor

Fair Labor Standards Act

Recent reports indicate a decline in the number of non-mandatory autopsies performed in hospitals. Which of the following is the reason for the decline?

Family members of deceased patients are often reluctant to give permission for an autopsy.

A physician pays a long-term care administrator to refer all new Medicare and Medicaid patients to his medical practice. He is most likely to be accused of violating which federal law?

Federal Anti-Kickback Law

Which of the following best defines in vitro fertilization?

Fertilization taking place outside a woman's body

Critical thinking skills include:

First clearly defining a problem.

For what are health care practitioners legally liable?

For actions of their employees, performed in the course of employment

An experimental treatment for hereditary diseases

Gene Therapy

1. The defendant must pay, the dollar value need not proved, but the loss must be proved.

General Compensatory damages

Monetary compensation awarded to a plaintiff to compensate for injuries or losses due to violation of the plaintiff's right.

General Compensatory damages

The defendant must pay, but the dollar value of the violation need not be proved.

General Compensatory damages

Which of the following is an OSHA regulation that applies to hazardous equipment in the workplace?

General Duty Clause

Which of the following behaviors is probably most helpful to a dying person?

Giving the person your attention and listening well.

A lab technician trained in CPR stops at the scene of an auto accident. The technician administers basic first aid to the injured motorist.

Good Samaritan Law

Law that addresses the electronic storage and transmission of health information

HIPPA

1. Which of the following should be reported to the health department?

HIV

Which of the following is NOT true of OSHA's Hazard Communication Standard?

Has never been revised

Undergraduate nursing students

Have 17 competencies in palliative care they must demonstrate

Persons said to be in a persistent vegetative state

Have severe brain damage

The application of information processing involving both computer hardware and software that deals with the storage, retrieval, sharing, and use of health care information, data, and knowledge for communication and decision making.

Health Information Technology

What is a covered entity?

Health care providers who conduct administrative transactions in electronic form.

Name the pledge for physicians that remains influential today:

Hippocratic Oath

A deposition is taken in the INTERROGATORY phase of a lawsuit

INTERROGATORY

A pretrial conference may be called in the INTERROGATORY phase of a lawsuit

INTERROGATORY

In the INTERROGATORY phase of a lawsuit, subpoenas are issued

INTERROGATORY

Under what circumstances may breach of contract be charged?

If either party fails to fulfill the terms of a valid contract

Which of the following statements is true of the standard of care?

If one uses the title "nurse" one can be held to the standard of care of a nurse

Which of the following are generally NOT eligible for unemployment benefits?

Independent contractors and the self employed.

1. Alasdair MacIntrye argues that

Individuals who have certain desirable qualities will make the right decisions.

Artificial insemination may be an acceptable remedy for

Infertility

Criminal Law

Involves crimes against the state

A risk analysis for the Security Rule is

Is a requirement for the health care organization

The training of medical students about palliative care is

Is covered, but every medical school does it differently

The statute of frauds:

Is state legislation governing written contracts

1. Which of the following best defines utilitarianism?

It is a consequence-oriented theory that states that decisions should be made by determining what results will produce the best outcome for the most people

1. Which of the following best defines duty-oriented moral reasoning?

It is a decision-making theory that states that the rightness or wrongness of the act depends on its intrinsic nature and not the outcome of the act

How is Abraham Maslow's theory of needs-based motivation best defined?

It is a theory that says human behavior is based on specific human needs that must often be met in a specific order

How does Lawrence Kohlberg's theory of moral reasoning differ from Piaget's theory?

Kohlberg theorized that moral development occurs more gradually and takes longer than Piaget proposed.

Decisions made by judges in the various courts and used as a guide for future decisions are called ?

Legal Precedents

The Patient Self-Determination Act does not provide for:

Legal prosecution of health care practitioners who influence a patient's decision in preparing an advance directive.

Liable:

Legally responsible or obligated

Which of the following is mandatory for certain health professionals to practice in their field?

Licensure

Which of the following falls within the supervision of a states public health department?

Mandatory vaccinating of schoolchildren

Which of the following is the least invasive and least risky test to determine if harmful genes are present in a fetus?

Maternal blood test

In most states, which of the following age groups can receive some types of medical care without parental permission?

Mature Minors

Provides stages of development for patient records in a certified electronic format

Meaningful Use

Difference between medical record and health record:

Medical Record is the collection of data when patient seeks medical treatment at a certain facility. The health record is the patient's health care issues at all health care facilities.

Each state's medical practice acts also provide for the establishment of

Medical boards

The authority that governs the practice of medicine is called :

Medical practice act.

What is another term for your personal concept of right and wrong?

Moral values

Those cells that can become only one type of body cell

Multipotent

A permanent change in DNA is called

Mutation

1. Which of the following is NOT included on a death certificate?

Name of the decedent's next of kin.

Which legislation established organ procurement and transplantation networks in the US?

National Organ Transplant Act.

1. Which no-fault federal law compensated for childhood vaccine injury?

National Vaccine Injury Compensation

what is the basis for most medical malpractice claims?

Negligence

Money is awarded the plaintiff, recognizing a wrong, but the amount is nominal

Nominal Damages

Once declared emancipated, a minor can lose that status if he or she

None of these (was married bust divorced, was in the military but is discharged, was self supporting but loses a job)

The authority to administer the Security Rule of HIPAA rests with the

OCR

Ensure a safe work environment

Occupational Safety and Health Act

1. Medical malpractice insurance that covers the insured 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:

Occurrence insurance

A contract may be voidable if :

One party is a minor

How are violations of etiquette handled?

Ostracism from chosen groups

Care provided to relieve pain and make a patient's last days as comfortable as possible is referred to as:

Palliative care.

The government serves as a child's parent

Parens patriae

A secure Web site that allows a patient to access their health care information on a 24/7 basis

Patient Portal

What recent federal law provides for the establishment of state-run insurance exchanges?

Patient Protection and Affordable Care Act.

Which federal law mandated that insurers carry children of an insured individual through age 26 and prohibited refusing to insure clients with pre-existing conditions?

Patient Protection and Affordable Care Act.

The False Claims Act provides for:

People bringing claims to share in any court-awarded damages

What ethics code superseded earlier coded to become the definitive guide for a physician's professional conduct?

Percival's Medical Ethics

Those specialized cells that can become almost any kind of cell

Pluripotent

Under this type of plan, insured patients must designate a primary care physician PCP

Point of service plan

Susan's father developed Huntington's disease when she was 28. She is healthy, but wants to be tested to see if she has the gene to develop the disease. What type of genetic testing will she have?

Predictive genetic testing

Under this type of plan, a patient may see providers outside the plan but the patient pays a higher partition of the fees:

Preferred provider plan

Makes it illegal to discriminate because of pregnancy, childbirth

Pregnancy Discrimination Act

Physician-assisted death is legal

Presently, only in six states

Which of the following is a supplemental insurance to medical liability insurance?

Prior Acts Coverage

Third-party layer contracts:

Promise, in writing, that a third party will pay a patient's medical bill

Which of the following is true of organ transplants?

Prospective donors should inform family members of their wishes.

Require reports of communicable diseases and certain injuries

Public Health Statutes

Which of the following common law concepts protects an employee who reports his employers illegal chemical dumping activities?

Public Policy

Money awarded is intended to punish the defendant.

Punitive Damages

A form of sexual harassment that means "something for something" is called

Quid Pro Quo

Which of the following is generally NOT a reason for an ex-employee to be denied an unemployment claim?

Quit due to sexual harassment

Which of the following processes lets a licensed health care practitioner transfer his or her license to a new state after moving without repeating an examination?

Reciprocity

Medicare fraud is not easy to estimate. Which of the following does not contribute to the challenge of determining Medicare fraud?

Records are destroyed yearly

Protects individuals who are disabled or mentally ill

Rehabilitation Act

Which of the following is an advantage for settling a medical malpractice dispute through ADR?

Relationships and reputations can remain intact.

Assume you are in charge of releasing medical records to a third party. Which of the following does not require the patients written consent?

Release of the records for use in a lawsuit, in response to a court's subpoena

1. Which of the following is NOT a requirement for physicians who prescribe, dispense, and administer controlled substances?

Renew permits for prescribing and dispensing controlled substances every 6 months.

1. Which of the following is a technical defense?

Res judicata

Under ___ a claim may not be retried between the same 2 parties if It has been legally resolved.

Res judicta

Law:

Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.

State laws that allow a parent to abandon newborns to designated safe locations

Safe Haven Laws

1. With one exception, drugs in this category have no accepted medical use and are used for research purposes only :

Schedule I

1. Prescriptions for which of the following categories of drugs may NOT be renewed?

Schedule II

Which following statements best defines alternative dispute resolutions?

Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court.

The copier malfunctions while you are photocopying a patient's medical records and prints too many copies of several pages. What will you do with the extra copies?

Shred them in a paper shredder.

Allows individuals and communities to gather, communicate, and share information, ideas, personal messages, images, and other content.

Social Media

Provides for Medicare, unemployment insurance, disability, and OASI through FICA funding

Social Security Act

Which of the following does not govern work done in a clinical setting?

Social Security Act

What is the consideration of a contract?

Something of value bargained for

.Etiquette:

Standards of behavior considered to be good manners among members of a profession as they function as individuals in society

Ethics:

Standards of behavior, developed as a result of one's concept of right and wrong.

1. Which of the following will most likely require notification of the appropriate health agencies?

Staph infection

Which of the following statements is not true of accreditation?

State law says it must be renewed every year

Where is the doctrine of informed consent usually outlined?

State medical practice acts.

1. The _______ is the time limit for filing a lawsuit

Statute of limitations

Specialized cells considered most valuable for purposes if genetic manipulation

Stem Cells

A court order for an individual to appear in court is called a

Subpoena

An order to bring certain records to court is called a

Subpoena duces tecum

A written notification to appear in court to defend against a lawsuit is called a

Summons.

A type of insurance that allows employers to collect if employees embezzle or otherwise steal business finds is called

Surety Bond

Deposition:

Sworn testimony given and recorded outside the courtroom during the pretrial phase of a case.

A jury is selected in the TRIAL phase of a lawsuit

TRIAL

Attorneys make opening and closing statements in the TRIAL phase of a lawsuit

TRIAL

Witnesses are called to testify in the TRIAL phase of a lawsuit

TRIAL

Assuming that old paper medical records may be destroyed, which of the following is not an appropriate way to destroy records?

Tear each page into quarters and put in trash.

Provides opportunities for providers to treat patients at a distance using various electronic formats.

Telemedicine

If one has 6 months or less to live, he or she is said to be:

Terminally ill

Which of the following statements is true?

The Federal Anti-Kickback Law and the Stark Law are not the same.

Common Law:

The body of unwritten law developed in England, primarily from judicial decisions based on custom and tradition

1. What is the result if you are the plaintiff or the defendant in a lawsuit and you fail to appear in court?

The case can be lost by default

1. Which of the following vaccination information is NOT documented in a patient's medical record?

The date the vaccine was ordered.

Which of the following reasons for discharge is NOT illegal under antidiscrimination laws?

The employee has been unable to master the requirements of the job.

What is bioethics concerned with?

The ethical implications of biological research methods and results.

1. Who must be notified of controlled substances are stolen from a medical facility?

The nearest DEA office and the local police

1. Teleological or consequence-oriented theories judge the rightness of a decision based on:

The outcome or predicted outcome of the decision.

A patient falls on a hospital's slippery tile floor and injures herself. Assuming that patient safety procedures were lax, what undesirable occurrence could result for the hospital?

The patient could sue the hospital

When a patient sues a physician for negligence, who has the burden of proof in court?

The plaintiff

1. Which of the following is NOT true of Piaget's stages of value development?

The pre-operation stage of development is characterized by abstract reasoning.

1. Immanuel Kant's categorical imperative states that

The right action is one based on a determined principle, regardless of outcome

1. State public health laws derive indirectly from

The tenth Amendment to the U.S. Constitution

1. Virtue ethics focuses on

The traits, characteristics, and virtues that a moral person should have

Which of the following is NOT TRUE of accrediting agencies?

They never charge a fee

What purpose do expert witnesses serve in a medical negligence lawsuit?

They testify about the medical care given to the patient

Which of the following is NOT a purpose of medical practice act?

To be sure physicians are adequately compensated for their services.

What is the purpose of a professional code of ethics

To govern behavior of members and to increase the level of competence and standards of care within the group

How many times did Oregon voters pass a Death with Dignity Act?

Two

The federal law that makes killing or injuring a fetus a crime separates from killing or injuring the pregnant mother in cases where the federal government has jurisdiction

Unborn Victims of Violence Acts

Which recommendation paved the way for organ transplantation in the United States?

Uniform Anatomical Gift Act

Which of the following is NOT recommended for completing birth and death certificates?

Use rubber stamps for all signatures

Protects employees who engage in union or other organizational activities

Wagner Act

What federal publication is the primary source for locating OSHA standards?

Web site of OSHA

Which laws allow an injured employee to file a claim with the state or federal government?

Workers Compensation.

Which of the following legal actions may be taken if you are subpoenaed to appear in court as a witness or to give a deposition and you fail to appear?

You may be charged with contempt of court

Check all statements below that are true of a Patients' Bill of Rights:

______Congress passed a general Patients' Bill of Rights in 2010, and it is now law. ______Under HIPAA's Patients' Bill of Rights, patients may sue. ___*___The Patients' Bill of Rights for the Patient Protection and Affordable Care Act applies to insurance companies. ___*___ Some health care providers publish their own Patients' Bill of Rights. ______A Patients' Bill of Rights is enforceable under the Criminal Health Care Fraud Statute.

Define tort.

a civil wrong committed against a person or property

Regulation Z of the Consumer Protection Act of 1968 requires that certain financial agreements be in writing and include:

a finance charge

When physicians, hospitals, and other health care providers contract with one of more HMO's or directly with employers to provide care, what is it called?

a physician- hospital organization

1. Name the four D's of negligence.

a. (Duty) b. (Derelict) c. (Direct Cause) d. (Damages)

List and define the seven basic principles of health care ethics.

a. Autonomy - Capacity to be one's own person and make decisions based on ones own reasons and motives not external forces b. Beneficence - Acts of charity and mercy, means more for provider c. Nonmaleficence - Do no harm d. Confidentiality - Privacy e. Justice - What is due to an individual f. Role Fidelity - Scope of practice g. Veracity - Truth telling

1. Of the above, the physician should be concerned with documenting

a. Live Births b. Deaths

1. Four vital statistics that the government collects are

a. Live Births b. Divorces c. Deaths (and fetal deaths, induced termination of pregnancy) d. Marriages e. Change in individual's civil status

2 Goals of Human Genome Project

a. Locate and map location of each gene on all 46 chromosomes b. Create a data bank of information that is available to scientists or physicians to use.

Employers have general liability for 3 areas

a. The practices of buildings and grounds b. Automobiles used part of employer's duty c. Employee safety

List the four HIPAA standards and briefly describe their purpose.

a. Transactions and code sets-for uniformity in reporting b. Privacy rule- for protection PHI during electronic transmission c. Security rule- for securing electronic storage and transmission against unauthorized intruders d. National identifier standards- provides for uniform national identifiers for the movement of electronic transactions. The 4 identifiers are: provider, health plan, employer, and individual

Unlawful acts are always:

all of the above (unacceptable, unethical, punishable by legal means)

Negligence is

an unintentional tort

Conviction of a crime:

can result in loss of license

1. Which of the following is NOT the responsibility of the medical assistant working in a facility where physicians prescribe and administer controlled substances?

checking with the patient's pharmacist to be sure prescriptions have been filled.

Res Ipsa Loquitur is the doctrine of

common knowledge.

Procedural law:

defines the rules used to enforce substantive law

1. The statute of limitations:

different depending on the state

Intentional torts

include assault, battery, and defamation

The national practitioner data bank:

is accessible only to hospitals and health care plans

Civil law:

is the area of law most likely to affect health care practitioners

A contract:

is valid only if parties on both sides are competent

How long should medical records be kept?

minimum of 2-7 years depending on state

Which of the following comments should not be included in a patients medical record?

patient is as big as a blimp.

Advocates of allowing a terminally ill patient to ask for assistance in dying refer to the process as

physician-assisted death

A licensed advanced registered nurse practitioner might be accused of scope of practice violations if he:

prescribed controlled substances without a supervising physician's knowledge or permission.

Jurisdiction refers to:

the court that has the authority to hear and decide a case

Law is:

the minimum standard necessary to keep society functioning smoothly

Which of the following statements concerning health care practice management is NOT true?

the number of sole proprietorships is increasing.

Heredity :

the process by which organisms pass on genetic traits to their offspring.

Genetics:

the science that accounts for natural differences and similarities among organism related by decent.

Res judicata is Latin for:

the thing has been decided

Relationship between the law of agency and respondent superior

they let actions represent themselves.

Risk management is a process:

to minimize danger, hazard, and liability

Unethical behavior is always:

unacceptable