Medical Law and Ethics Quiz 5-8 *

Which of the following is not a violation of HIPAA's privacy rule?

A health care provider disclosure information to a patient's husband without patient consent after the patient identified him as entitled to receive the information.

Which of the following acts contained many key changes to HIPAA as part of the Title XIII?

ARRA

A physician has an obligation to his or her patient based on trust and confidence. What is the term for this obligation?

Fiduciary Duty

Which of the following amendments guarantees that information relevant to science and medicine can freely flow throughout the international marketplace of ideas?

First

A physician who owns a physician's office is legally responsible for her employees. What is the term for this responsibility?

Liable

Health care practitioners and facilities may be asked to disclose PHI "for the public good." Which of the following is a recommended guideline for this process?

Release PHI to public health authorities if child abuse or neglect is suspected.

A victim in a medical malpractice lawsuit receives compensation for all medical expenses from the defendant. Which of the following would almost always be an absolute defense in this case?

Release of tortfeasor

Which of the following cases legalized abortion at the Supreme Court level?

Roe v. Wade

Some states require mediation and/or arbitration for certain civil cases, while in other states alternative dispute resolution methods are voluntary. Under the terms of a written contract, who chooses an arbitrator?

The court

Establishing when the statute of limitations begins varies with state law, but one of the most common dates for marking the beginning of the statutory period is which of the following?

The day the alleged act was committed

Which of the following would occur in the pleading phase of a lawsuit?

The defendant's attorney files an answer to the summons.

Which of the following information is not usually included in the process of the doctrine of informed consent?

The reputation of the physician performing the procedure

Health care practitioners should know that patient records are often used as evidence in medical malpractice cases, and improper documentation can lose a case. Which of the following does not need to be documented?

All non-telephone patient conversations

Which of the following would be most likely not to be regulated by HIPAA?

An Internet company storing personal health records

A hospital accounting department hires an outside accounting firm to keep track of all billing to third party payors. Which of the following is the term for this firm?

Business associate

Which of the following statements regarding HIPAA policy is true?

An employer cannot access an employee's health record without patient permission.

In a hospital setting a certain standard of care is expected of health care practitioners. Which of the following best describes this concept?

An expected level of performance

Just over 41 percent of the respondents in the Vincent study said that certain actions after their injuries might have prevented litigation. Which of the following is the highest rated action that might prevent litigation?

An explanation and apology

A health care practitioner who practices the "four Cs of medical malpractice prevention" finds two important benefits related to one of the "Cs", that is, improvement in patients' medical conditions and decreased likelihood that they will sue. Which "C" is most likely to provide these benefits?

Caring

For legal purposes, the health care professional should should know that if it isn't in writing and explained completely and accurately, it wasn't done. To which of the following "4 Cs of medical malpractice prevention" does this statement refer?

Charting

The Five Cs are used to describe the attributes of entries in a patient's medical record. Which of the following is not one of the 4Cs?

Clean

In which of the following types of defenses to professional liability suits is informed consent one of the most important elements?

Comparative negligence

There are four elements (4 Ds) that must be present in a given situation to prove that a health care professional is guilty of negligence. Which of the following is not one of the "four Ds of negligence"?

Defense

Which of the following is a recommended guideline for preventing incidental disclosures of PHI without authorization from the patient?

Do no place patient charts outside exam rooms unless the file is reasonably protected?

Which of the following is a result of the promotion of health information technology (HIT) in the medical industry?

Expanded access to affordable care

Alicia's computer monitor is easily viewed by patients as they are sitting at her station. She notices that a patient is making an intent effort to read the information on the computer screen. That information concerns another patient that Alicia had just talked with. What should Alicia do?

Fix the computer so no information is on the screen.

A deposition may be taken in which phase of the lawsuit?

Interrogatory

Using effective interpersonal communication in the physician-patient relationship may help deter medical malpractice lawsuits. Which of the following is recommended guideline for therapeutic communication?

Sit rather than stand when interviewing patients

When a physician is sued for malpractice, whom might the responsibility to comply with a subpoena to produce medical records fall?

The medical office employee

An attorney for the defendant makes an objection to a question the plaintiff's attorney asks the witness. Which of the following occurs when this happens?

The objection may be sustained and the witness should not answer the questions.

A hospital maintains medical records on all patients who are treated. Who owns the information contained in the medical record?

The patient

Which of the following is a central component of health information technology (HIT)?

The patient's medical file

A health care provider breaches the duty of care to a patient. This element of negligence is defined as:

dereliction

A physician is testifying as a fact witness in trial of a coworker. Which of the following is the best example of properly worded testimony?

"As I recall, that is all that occurred in the operation room."

A patient files for negligence under the doctrine res ipsa loquitur. What is the English meaning of this Latin wording?

"The thing speaks for itself"

In many states, revocation of a physician's license may occur due to which of the following acts?

Breach of confidence

A physician assistant (PA) is constantly updating his knowledge and skills by attending in- services and seminars. This PA is practicing which of the "4 Cs of medical malpractice prevention?"

Competence

The employer physician puts a plan in place to ensure that all government regulations are enforced in her office. What is the term for this plan?

Compliance

What is the legal term for the permission a patient gives for a physician to examine him or her, to perform tests, and/or treat a medical condition?

Consent

A physician is documenting patient information on the medical record and receives a phone call that distracts him, causing him to record the wrong medication prescription. Which of the following is a correct guideline for correcting the medical record error?

Do not make a change in the record without noting the reason for it

A physician who has liability insurance finds that a lawsuit is imminent. Which of the following is a recommended guideline when this occurs?

Do not mention the lawsuit in any correspondence

A physician who is treating a patient who has pancreatic cancer provides competent care for his patient, thereby preventing a charge of negligence. Which of the following four D's of negligence refers to this responsibility to properly care for a patient?

Duty

According to HIPAA language, which of the following describes the term "covered entities"?

Health Care Providers

Which of the following legislation addresses privacy of health information and mandates certain procedures and standards for the electronic transmission and storage of health care information?

Health Insurance Portability and Accountability Act (HIPAA)

HIPAA now mandates that all health care providers must ensure that they can send and receive information using standard data formats and data content. Who is responsible for compliance with this rule?

Health care providers

Which of the following is not a requirement when a request for information comes into the medical office from the insurance companies, physicians, or other sources?

It must state that the information will not be used in court trial.

Which of the following aspects of patient care is the most vital factor to the issue of informed consent?

Patient education

Which of the following should not be included in a patient's medical record?

Personal Judgements

A hospital administrator oversees record maintained for the hospital, which is a HIPAA- covered entity. Which of the following would not be considered a designated record set?

Personnel records

A physician purchases liability insurance to work in a partnership with other physicians. What does this insurance cover?

Potential damages incurred as a result of a negligent act

Which of the following insurance policies covers incidents that occurred before the beginning of the new insurance relationship but have not yet been brought to the insured's attention as a claim?

Prior acts insurance coverage

Methods used to manage risk are considered a part of which of the following?

Quality assurance

A health care worker is responsible for his or her actions or failure to act. Which of the following best describes this responsibility to prevent negligence from occurring?

Reasonable person standard

Many health care professionals use affirmative defenses in medical professional liability suits. With these defenses, defendants are allowed to present evidence of which of the following?

That the patient's condition was caused by other factors than defendent negligence

Which of he following is a circumstance that led to the 1996 passage of the federal Heath Insurance Portability and Accountability Act?

The rising cost of medical care has made consumers unable to see needed treatment.

When no written contract exists, who chooses an arbitrator to resolve disputes?

The two involved parties select an arbitrator and the two arbitrators select a third

Which of the following was the most highly agreed upon statement of why injured patients sued in the Charles Vincent et al study?

To receive an explanation

It was decided in a professional liability suit using the process of comparative negligence that the plaintiff contributed 30% to the patient injury and the physician contributed 70%. Which of the following would be the outcome of this case?

The patient damage award would be reduced by 30%.

What is the initial patient actions if he or she feels a health care practitioner has violated the HIPAA privacy rule?

The patient must file a written complaint with the secretary of HHS.

A physician has a private practice employing a physician assistant and two nurses. The physician also has hospital privileges at a nearby facility. Who owns the medical records generate by his office?

The physician

A physician in a private practice examines a patient who is being considered for a job with a pharmaceutical company. The prospective employer pays for the physical. Who is the owner of the medical record in this example?

The physician

A physician is a specialist in obstetrics. Which of the following is true regarding the standard of care expected of this physician?

The physician will be held to the same standard of care as other obstetricians.

A patient sues a physician for malpractice. Upon whom is the burden of proof for the charge of negligence?

The plaintiff

The first major study to determine why patients sue hospitals and health care practitioners and what might prevent and injured patient or his or her family members from filing a lawsuit was conducted in 1992 by Gerald B. Hickson and others. According to Hickson, which of the following is the most common reason for patient lawsuits?

The plaintiffs were advised by knowledgeable acquaintances to use.

The Joint Commission addresses accurately identifying patients and improving communication among caregivers by making sure all accredited health care organizations implement which of the following requirements?

Use a process for taking verbal or telephone orders or critical test results that requires a verification read-back by the person receiving the information.

The statute of limitations for filing professional negligence suits varies with states but generally specifies how many years?

1 to 6 years

As a protection in the event of litigation, records should be kept until the applicable statute of limitations period has elapsed. What is the usual time frame for this period of time?

2 to 7 years

HIPAA contains standards that health care facilities must implement within a certain time frame. How many standards are included in this legislation?

4

Technically, abortion is legal in how many states?

50

For which of the following patient rights under the HIPAA privacy rule is it only recommended that documentation is obtained, not required?

A patient requests access to his medical record to copy it.

Which of the following is an example of privileged communication?

A patient tells his physician that he is addicted to pain killers.

Which of the following requests for patient information should not be given without patient authorization?

A pharmaceutical company requests patient information to target audiences.

A nurse is testifying as a fact witness in a malpractice lawsuit. Which of the following is a recommended guideline for this process?

Answer all questions straightforward, even if answers appear to help opposing side.

What is the major focus of the 2010 Patient Protections and Affordable Care Act?

Availability of health insurance coverage for all Americans

A physician being sued for medical malpractice claims that a patient did not follow the treatment regimen she prescribed, thereby contributing to his own injury. This physician is using which of the following defenses?

Contributory negligence

What was the goal of the Patient Protection and Affordable Care Act signed into law in 2010?

Converting patient records to an electronic format

To which of the following may PHI be disclosed without consulting a privacy officer for the institution?

Coroners

A physician exchanged information with a patient's managed care plan following HIPAA guidelines. Which of the following HIPAA language describes this process?

Covered transactions

A physician treating patients in a long-term care facility determines that a patient has a communicable disease that could cause an outbreak in the facility. The physician works with the administrator of the facility and the public health department to protect other residents and employees from exposure to the disease. Under some state laws, this physician is obligated to protect nonpatients in accordance with which of the following standards?

Duty of Care

Which of the following court cases first declared that a constitutional right to privacy was implied?

Griswold v. Connecticut

Which of the following acts guarantees that workers who change jobs can obtain health insurance and also improves the security and privacy of patient identifying information?

HIPAA

Which of the following legislation states that patients that ask to see and/or copy their medical records must be accommodated with a few exceptions?

HIPAA

Which statement is not true of HIPAA?

HIPAA requires that healthcare practitioners must change a medical record if a patient complains.

A physician decides his liability insurance coverage is too high and drops the policy. On which of the following aspects of this physician's employment will this decision have the greatest impact?

Having hospital privileges

Since converting electronic transmissions to HIPAA standards is highly technical, health care practitioners and facilities need to rely on what type of persons to be sure they are in compliance?

IT staff

A plastic surgeon documents the before and after pictures of a patient after receiving a signed consent from the patient. Which of the following torts might occur from photographing a patient without proper consent?

Invasion of privacy

When showing people they care, what would be the best advice for a nurse caring for patients who have complaints about dissatisfaction with their treating physicians?

Listen carefully to the patient's complaints and remarks and see that the comments reach the treating physician.

As medical malpractice insurance premiums have continued to rise, self- insurance coverage has become an option for health care practitioners in some states. What is one advantage of self-insurance coverage?

Lower premiums

A subpoena duces tecum is ordered during a malpractice trial. What does this subpoena provide as evidence?

Medical Records

A nurse carefully documents all pertinent patient information in the patient medical record. Which of the following is true of this document?

Medical records provide documentation of a patient's health care from birth to death.

The Good Samaritan Acts were passed to protect physicians from being charged with which of the following torts?

Negligence

Which of the following is the basis for professional malpractice claims and the most common liability in medicine?

Negligence

The judge in a negligence case states that the rights of the patient were violated, though no actual loss was proven. The judge awards the plaintiff $1.00. This is known as what type of award?

Nominal

A nurse recording data in a patient's medical record maintains confidentiality at all times. Which of the following describes this practice?

Not releasing patient information to unauthorized individuals

A new patient in a physician's office signs a HIPAA regulated form that details what will happen with the patient information obtained during his treatment. What is the term for this policy?

Notice of Privacy Practices

A subpoena duces tecum is issued for the medical records of a patient who is suing the physician for malpractice. Which of the following is a guideline for sending this information?

Offer sworn testimony regarding the record if instructed to do so by the court.

A hospital administrator is reading HIPPA's enforcement and penalty requirements to employees in an in-service session on privacy acts. Which of the following accurately describes one of these rulings?

The U.S. Department of Justice may enforce criminal sanctions that involve fines as well as prison terms.

A physician who came to the aid of a person who was injured during an earthquake is being sued by that person for malpractice. The physician would not be held liable under common law if the defense established which of the following?

The appropriate standard of care was met, given the emergency situation.

Concern about privacy has led to the enactment of federal and state laws governing the collection, storage, transmission, and disclosure of personal data. These privacy laws are based on which of the following considerations?

When information is collected about a person, that person should have the opportunity to check the information for accuracy.

Since health care procedures and facilities present numerous opportunities for a breach of confidentiality, health care practitioners must make every effort to safeguard each patient's privacy. Which of the following is a recommended guideline for protecting a patient's privacy.

When on the telephone with a patient, do not use his or her name if others may hear.

In which of the following situations is a physician not expected to obtain consent before proceeding with treatment?

When the physician is acting in an emergency situation?

Under which of the following circumstances should a separate consent form be obtained to use patient images?

When they will be used for teaching purposes.