HSC Final

Dr. Joe calls Sally from Sally's Landscaping and asks her to come to the office on Monday, June 1 to mow the lawn, water flowers, and remove weeds. Dr. Joe offers to pay Sally $50 per hour and she accepts. On Monday, June 1st, Sally does the landscaping work and Dr. Joe pays her $50 per hour. The next Monday, June 8, Sally returns to Dr. Joe's office, even though he had only ordered landscaping for June 1st. However, Dr. Joe lets Sally onto the grounds without saying a word, she does the landscaping work, and then Dr. Joe pays her $50 per hour. The following Monday, June 15, Sally returns. Dr. Joe once more lets her onto the grounds.After Sally completes the same landscaping work, Joe tries to give her $50 per hour, but Sally responds: "Actually, I've upped my rate. I need $100 per hour for the work I've just completed." Dr. Joe says, "No. We only agreed to $50 per hour." How much does Dr. Joe owe Sally for the work completed on Monday, June 15?

$50 per hour

In which of the following situation(s) does informed consent not exist? Mark all that apply.

.Dr. Jeff asks Harriet to sign an informed consent document for treatment while Harriet is heavily sedated. Harriet signs the document. b.Dr. Jeff asks Bryan, a 4-year-old boy, to sign an informed consent document for treatment. Dr. Jeff does not ask Bryan's parents for consent. Bryan signs the document.

Which of the following is associated with due process procedural rights in both criminal and civil cases? Mark all that apply.

.Fair notice b.Hearing before an impartial decision-maker

The Fourth Amendment to the U.S. Constitution protects individual citizens from illegal searches by the Federal government. Police searching a home without a warrant is an example of an illegal search. The Fourteenth Amendment has applied the Fourth Amendment to actions by the state (including state actors, like police). Therefore, which of the following is true? (MC)

A Colorado regulation allowing police to search homes for cocaine without a warrant is invalid*

Ruth sues Dr. Abraham for negligence. Ruth wins the case. If Dr. Abraham appeals the case to a higher court, which of the following is false?

A brand new trial will be held in the higher court

Dr. John is a devout Roman Catholic who believes that the use or prescribing of birth control is sinful. Therefore, when his patient, Mary, asks him for birth control in a circumstance in which birth control is the standard of care, he refuses to prescribe it to her. Which of the following laws would be a defense if Mary were to sue Dr. John for negligence?

A conscience clause in his state

Which of the following state laws is least likely to violate the Equal Protection clause of the Fourteenth Amendment?

A law requiring psychiatrists, but not mental health counselors, to pass a state licensure examination

Alex is an at-will employee of Physical Therapy, Inc., a for-profit corporation. If Physical Therapy, Inc. terminates Alex's employment because Alex was one minute late to work, which of the following is most likely true?

Alex will not be successful in obtaining damages for lost wages due to the termination

2. Sarah is Dr. Ryan's patient. She has developed a terminal cancer. Dr. Ryan is concerned that if he tells Sarah the truth, then she will become very depressed. If he lies and says that the cancer is curable, which ethical principle will he be violating? (MC)

Autonomy

Dr. Phil is a researcher. He thinks he may have found an effective treatment for depression. However, he is having trouble recruiting participants for his clinical trial, because the treatment has a potential side effect of seizures. If he lies and claims that there are no side effects in order to recruit more participants, which ethical principle will he be violating? (MC)

Autonomy

Dr. Toby is a primary care physician. He recommends a course of antibiotics to Brian, a patient with bronchitis. Which of the following ethical principles is most directly related to Brian's right to forgo treatment for bronchitis?

Autonomy

Dr. Jack believes that a medication could save Gracie's life, but Gracie is refusing to take it. Dr. Jack wants to respect Gracie's right to make her own medical decisions, but he also wants her to heal. With which two ethical principles is Dr. Jack experiencing an ethical dilemma?

Autonomy and beneficence

Which of the following are true about the Roe v. Wade and Planned Parenthood v. Casey U.S. Supreme Court cases? Mark all that are true.

Casey said a state can regulate abortions prior to viability, so long as the regulations are not an undue burden on the woman's right to seek an abortion Roe v. Wade used a trimester framework for determining when a state's interest became compelling

6. Dr. Joan is a primary care physician. Wyatt is complaining of pain and asking for an opioid. Dr. Joan suspects that Wyatt is misusing the opioid to experience euphoria rather than using it to treat pain. She decides to prescribe him Ibuprofen instead, knowing that Wyatt may become very angry and belligerent. Which virtue is Dr. Joan exhibiting? (MC)

Courage

14. To which ethical approach is the principle of double-effect most directly related? (MC)

Deontology

Hugh is experiencing chest pains. His wife, Delores, drives him to the hospital. Dr. Alan examines Hugh and determines that Hugh needs immediate heart surgery. If Hugh does not have heart surgery, Hugh is likely to die within the next 24 hours. While Hugh is at the hospital, he is conscious and of sound mind. Delores is always by Hugh's side. Which of the following is true?

Dr. Alan must obtain Hugh's informed consent to surgery, because Hugh is conscious and of sound mind

In which of the following situations is a verbal contract most likely to be enforceable in court?

Dr. Alice hires Nurse Phaedra to begin full-time work immediately at $200 per hour

Which of the following circumstances would not violate the Patient Self Determination Act?

Dr. Jamie, a primary care physician, fails to discuss advance directives with his patient John, even though John has a terminal illness

Alex visits a primary care physician, Dr. Joan, who recommends a vaccination. The vaccination is associated with a 0.01% risk of death from a serious allergic reaction. Dr. Joan works in a jurisdiction that follows the reasonable patient standard for information disclosure. Which of the following is true?

Dr. Joan must disclose the 0.01% risk of death if Dr. Joan believes that a reasonable patient would consider this information important to their decision

Alex visits a primary care physician, Dr. Joan, who recommends a vaccination. The vaccination is associated with a 0.01% risk of death from a serious allergic reaction. Dr. Joan works in a jurisdiction that follows the physician standard for information disclosure. Which of the following is true?

Dr. Joan must disclose the 0.01% risk of death if other primary care physicians would do so under similar circumstances

Dr. Toby is a primary care physician. He recommends a course of antibiotics to Julie, a patient with strep throat. Julie says she does not wish to take the antibiotic. Which of the following is true?

Dr. Toby must disclose to Julie the risks of not taking the antibiotic

. Joe is the CEO of Drugs Unlimited, a pharmaceutical distributer. He sees that opioids are being regularly distributed to pharmacies with "red flags," meaning pharmacies with large numbers of customers who are likely misusing the medication. Many of these customers are at risk of developing a deadly addiction. However, the money that Drugs Unlimited gets from the pharmacies is helping Joe pay for his new yacht. Which of the following virtues is Joe most directly violating?

Effacement of self-interest*

Which of the following is NOT a possible outcome of a tort lawsuit for negligence?

Jail time

Dr. Felix is a dermatologist. He receives informed consent to treat Billy for acne. Dr. Felix accidentally prescribes a dosage of an acne cream that is 10 times the typical dosage for that acne cream. As a result, Billy's face is severely burned by the cream. On which of the following torts could Billy most likely premise a successful lawsuit?

Negligence

Dr. Rose, a surgeon, performs open-heart surgery on Sarah, a patient who has consented to open-heart surgery. During the surgery, Dr. Rose accidentally uses the wrong suture. As a result of the error, the suture dissolves too quickly, causing Sarah to die one month later. Which of the following torts has Dr. Rose most likely committed?

Negligence

Shelly is an emergency department nurse. Typically, emergency department nurses ask patients for their name before administering medication. In her haste, Nurse Shelly does not ask a patient, Bob, for his name. As a result, Nurse Shelly administers the wrong medication to Bob. Bob suffers a serious side effect. For which of the following torts could Bob most successfully sue Nurse Shelly?

Negligence

Which of the following employers does the Equal Protection clause of the Fourteenth Amendment prohibit from discriminating against employees based on religion?

State governments

. Congress passes the Taxi Privacy Law, which forbids taxi companies from publishing the names of customers on the Internet. The Taxi Privacy Law has the following clause, "States may add to these privacy protections but may not create lower privacy protections." Based on these facts, which of the following is true?

Texas may pass a law forbidding taxi companies from publishing names of customers on the Internet and forbidding taxi companies from publishing names of customers in printed newspapers*

A state legislature passes a statute banning Hindus from driving cars. Which of the following constitutional provisions is the statute most likely violating?

The Equal Protection Clause of the Fourteenth Amendment

Dr. Erin is removing a cyst from patient Julia's left breast. Prior to the surgery, Julia signed an informed consent document in which she agreed to have the cyst removed from the left breast. The document did not mention the right breast. When Julia awakens from the surgery, she learns that Dr. Erin has also removed a cyst from the right breast. If true, which of the following is Dr. Erin's best defense to a battery lawsuit?

The cyst in Julia's right breast appeared cancerous

St. Mary's Hospital accepts Medicaid and Medicare. It is a small hospital in a rural area. Which of the following would be a valid reason for St. Mary's to refuse to treat a patient in the emergency department?

The patient is not having a medical emergency

Carrie has a rare, terminal cancer. There is no known effective treatment for the cancer. Carrie has read online that a prescription migraine medication might slow the progression of the rare cancer. She asks her physician for a prescription for the migraine medication, but the physician does not provide it, believing the migraine medication will offer no benefit to her. Which of the following is true?

The physician has no duty to prescribe the medication, because it is futile

A state law requires women seeking in vitro fertilization to first obtain a mental health evaluation. To which of the following fundamental constitutional rights is the regulation most closely related?

The right to privacy

Ruth is a patient of Dr. Abraham. Dr. Abraham prescribed a medication dose for Ruth that was 10 times the standard dose for similar patients with a similar health condition. After taking the medication, Ruth suffered a miscarriage. She is alleging that Dr. Abraham was negligent, and thus owes her damages for medical costs associated with the miscarriage, as well as for pain and suffering.Which of the following would prevent Ruth from winning her case against Dr. Abraham?

The statute of limitations for negligence has passed

Phillip is angry at his neighbor, Frank. Frank owns a restaurant. Phillip announces on Facebook that Frank's restaurant has suffered a rat infestation. As a result, there is a decline in the number of Frank's restaurant patrons. Frank sues Phillip for libel. Which of the following is Phillip's best defense to libel?

There is an actual rat infestation in Frank's restaurant

True or False? In a contract dispute, at-will employees in the public sector who are terminated without good cause may successfully claim that their due process rights were violated.

True.

Kathy has been in a terrible car accident. She is unconscious, but physicians believe she will regain consciousness and may even completely recover her health. However, for now she is connected to a respirator, without which she would die today. Kathy has a living will stating that she never wants to be connected to a respirator under any circumstances. What must the hospital do? Why?

Continue to provide artificial respiration, because Kathy may regain consciousness

Nurse Ryan tells Sarah she should get a flu shot. Sarah says she does not want one. Nurse Ryan shuts and locks the door, saying, "You are not leaving this room until you get the flu shot." For which of the following torts could Sarah successfully sue Nurse Ryan?

False imprisonment

Dr. Jack is a plastic surgeon who works in a clinic and teaches a class part time at the local university. His patient, Shana, recently had a face lift. Dr. Jack shows a picture of her entire face before and after the surgery to the class. Which of the following laws, if any, has Dr. Zach violated?

The HIPAA Privacy Rule

Florida Hospital verbally agrees to hire a painter to paint its hallway, with service beginning on March 3, 2018. Florida Hospital and the painter have not discussed the price. Based on these facts alone, if the painter does not arrive on March 3, and Florida Hospital sues the painter for breach of contract, which of the following is the painter's best defense?

Unclear or indefinite terms

True or False? If a physician and a hospital have an agreement in which the physician is referred to as an "independent contractor," then it is impossible for a court to consider the physician to be a hospital employee.

false

True or False? In federal court, prior to filing a civil negligence lawsuit against a physician, patients must first submit the case to a grand jury.

false

True or False? The tort of battery always occurs with assault.

false

True or False? Whenever Congress creates an entitlement, like Medicaid, access to that entitlement becomes a fundamental right under the U.S. Constitution.

false

Florida Hospital orders $1,000 worth of medical equipment from a manufacturer to be delivered on March 3, 2018. The contract has a clause stating that the manufacturer will owe no more than $10,000 in total consequential damages in the event of failure to perform. What type of clause is this?

A liquidated damages clause

Dr. Shannon interviews George for the position of medical assistant. At the conclusion of the interview, Dr. Shannon reaches out his hand towards George in an effort to shake George's hand. Unbeknownst to Dr. Shannon, George has a phobia of shaking hands due to a traumatic experience as a child. George runs away from the room before Dr. Shannon touches him. Later that week, George sues Dr. Shannon for assault. Which of the following is Dr. Shannon's best defense?

A reasonable person would not be put in a state of apprehension by a handshake

Barbara sees Dr. Eli, a primary care doctor, for a concussion following a car accident that has resulted in severe headaches. Dr. Eli prescribes ibuprofen for the pain but does not ask Barbara to obtain an MRI. The MRI would have revealed damage to the brain requiring immediate surgery. Barbara's condition worsens. If Barbara were to sue Dr. Eli for negligence, which of the following would she need to prove?

A reasonable primary care physician would have ordered an MRI in these circumstances

Dr. Mary is a primary care physician in a small private practice. Danielle visits Dr. Mary complaining of severe pain following a fall down the stairs. Dr. Mary prescribes a medication for Danielle but does not ask Danielle to get an x-ray.In fact, Danielle has a broken bone. Danielle's condition worsens to the point that one month later she can no longer walk. If Danielle were to sue Dr. Mary for negligence (among other things), which of the following would she need to prove?

A reasonable primary care physician would have ordered an x-ray in these circumstances

St. Mary's Hospital has hired Nurse Betty. St. Mary's Hospital has no hand washing policies. As a result of her failure to wash hands between touching different patients, Nurse Betty spreads a dangerous virus from Chris to Barbara, two patients. In addition to suing Nurse Betty for negligence, whom else could Barbara successfully sue for negligence and why?

All of these

Alex has a sore throat. He visits a primary care physician, Dr. Joan, who recommends an antibiotic treatment. Which of the following must Dr. Joan disclose to Alex in order to receive his informed consent to treatment?

All of these answers are correct

Dr. Kristin is a dermatologist. While treating Sharon, a nursing home resident, Dr. Kristin notices unexplained marks on Sharon's skin. Dr. Kristin believes these are a sign of physical abuse by nursing home employees. Under her state's law, Dr. Kristin is required to report suspected abuse of vulnerable adults. If Dr. Kristin does not report the suspected abuse, which of the following may occur?

All of these are correct

Sharon and Alex are a married couple. They are the two owners of the for-profit corporation, Chiropractors, Inc., with each owning 50% of the corporation. Sharon is the President of the Board of Directors and Alex is the Secretary of the Board of Directors. There are no other members of the Board of Directors. Sharon is the CEO and Alex is the CFO. The corporation has one additional employee, John, who performs all of the chiropractic treatments on patients. One day, while performing a chiropractic treatment, John applies too much pressure relative to the standard of care, breaking the patient's arm.When the Board of Directors hired John, they did not contact his references. Had they done so, they would have discovered that John had been fired from his last three positions for accidentally breaking patients' arms during acts of negligence. Given these facts alone, which of the following individuals or entities could the patient successfully sue and why?

All of these are correct

Chiropractors, Inc. signs an independent contractor agreement with Ally, a chiropractor. Ally uses the techniques she acquired in her previous training and sets her own work schedule, but Ally uses the facilities of Chiropractors, Inc. One day, while treating a patient, Ally commits an act of negligence. At the time, she is wearing a uniform with the words "Chiropractors, Inc." Which of the following is the patient's best argument for holding Chiropractors, Inc. vicariously liable for Ally's negligence?

Ally had apparent agency

Bryan is a massage therapist. He is deciding how to structure his new business. He is very busy and wishes to put the least amount of effort possible into forming a business. Based on these facts alone, which of the following describes how he should structure his business?

As a sole-proprietorship

Niko is in a persistent vegetative state with artificial hydration and nutrition in a hospital. He lacks a living will but has a durable power of attorney. Myra is his designated proxy. Myra knows that Niko would hate to have artificial hydration and nutrition under any circumstance. However, Myra also knows that to remove the artificial hydration and nutrition would cause Niko's family and siblings pain, because they are deeply religious and oppose the removal of artificial hydration and nutrition. From a legal perspective, which of the following actions should Myra take?

Ask the hospital to remove artificial hydration and nutrition

Natalia is Dr. Jack's medical assistant. Natalia is angry at Dr. Jack for not giving her a raise. To teach him a lesson, she takes a paperweight and throws it at him. Seeing the paperweight coming, he ducks and is not hit. For which of the following torts could Dr. Jack successfully sue Natalia?

Assault

Dr. Ryan is an ophthalmologist. Chevy, a patient, has provided informed consent for Dr. Ryan to perform surgery on the right eye, which has a cataract. Dr. Ryan performs the surgery on the right eye. While Chevy is still sedated, Dr. Ryan notices that a cataract also exists in Chevy's left eye, so Dr. Ryan performs surgery on the left eye too. For which of the following torts could Chevy successfully sue Dr. Ryan?

Battery

Dr. Ryan is an ophthalmologist. Chevy, a patient, has provided informed consent for Dr. Ryan to perform surgery on the right eye, which has a cataract. When Chevy is sedated and the surgery is about to begin, Dr. Ryan has a panic attack and leaves the building. Dr. Marta is nearby and performs the surgery instead while Chevy is still sedated. Chevy is unaware that Dr. Marta works with Dr. Ryan. Dr. Marta removes the cataract. For which of the following torts could Chevy successfully sue Dr. Marta?

Battery

Jackie is a very bossy patient. While Jackie is hospitalized, Nurse Bryan becomes angry and decides to get back at Jackie. Nurse Bryan knows that Jackie is allergic to aloe vera. Therefore, while Jackie is asleep, Nurse Bryan lathers aloe vera all over Jackie's body. The aloe vera does not cause an allergic reaction. For which of the following torts could Jackie successfully sue Nurse Bryan?

Battery

Dr. Kathy, a psychologist, agrees to work 20 hours per week for Dr. Janice, a primary care physician, at 100 per hour beginning on Monday. Why is it in Dr. Kathy's best interest to put the contract in writing?

Because in the event of a legal dispute, the terms of a written contract are easier to prove than the terms of a verbal or implied contract

Janice is in a persistent vegetative state and is kept alive by a respirator. If the respirator were removed, she would die immediately. She has a living will, which says she does not want artificial food or hydration; it does not mention respirators. She also has a durable power of attorney, naming her best friend, Candy, as her proxy. Which of the following is false?

Candy cannot be Janice's proxy, because Candy is not a family member

Crystal is an at-will employee of a pharmacy corporation engaged in interstate commerce. For which of the following reasons is it definitely illegal for the pharmacy to terminate Crystal's employment?

Crystal is an at-will employee of a pharmacy corporation engaged in interstate commerce. For which of the following reasons is it definitely illegal for the pharmacy to terminate Crystal's employment?

Dr. Joe calls Sally from Sally's Landscaping and asks her to come to the office on Monday, June 1 to mow the lawn, water flowers, and remove weeds. Dr. Joe offers to pay Sally $50 and she accepts. On Monday, June 1st, Sally does the landscaping work and Dr. Joe pays her $50. The next Monday, June 8, Sally returns to Dr. Joe's office, even though he had only ordered landscaping for June 1st. However, Dr. Joe lets Sally onto the grounds without saying a word, she does the landscaping work, and then Dr. Joe pays her $50. The following Monday, June 15, Sally returns. Dr. Joe once more lets her onto the grounds.Which of the following statements is true?

Dr. Joe and Sally had a verbal contract in place on June 1 and an implied contract in place on June 8 and June 15th.

Ruth is a patient of Dr. Abraham. Dr. Abraham prescribed a medication dose for Ruth that was 10 times the standard dose for similar patients with a similar health condition. After taking the medication, Ruth suffered a miscarriage. She is alleging that Dr. Abraham was negligent, and thus owes her damages for medical costs associated with the miscarriage, as well as for pain and suffering.Dr. Abraham and Ruth are residents of different states. If the case goes to trial in federal court, which one of the following rules/laws will not apply?

Federal Rules of Criminal Procedure

Dr. Liz is a primary care physician who is treating Bernie for an ear infection. At a dinner party, Dr. Liz meets Jody, who works in the same theater as Bernie. Bernie has never mentioned Jody to Dr. Liz. However, Dr. Liz asks Jody whether Bernie has recovered from the ear infection. Which privacy laws, if any, has Dr. Liz violated?

HIPAA only

Dr. Alex, an OBGYN, is driving to work one day when he sees an accident on the road. He pulls over to offer assistance before the ambulance arrives. He notices that one of the passengers is not breathing and proceeds to perform CPR. However, he uses too much force and ends up breaking her arm, even though she begins breathing. A month later, this passenger sues Dr. Alex for negligence. Which of the following is his best defense?

He lives in a state with a Good Samaritan statute

In which of the following situations is Bryan, an employee of Health Providers, most likely to successfully sue his employer for invasion of privacy?

Health Provider audio recorded a conversation Bryan had on his personal cellphone in the restroom

Henry is a psychotherapist. He has an independent contractor relationship with Hospital, Inc., a large not-for-profit corporation with 100 employees. Which of the following is true?

Hospital, Inc. must pay Henry according to the terms of the contract between Henry and Hospital, Inc.

Which of the following is false about organ donation?

Hospitals can remove vital organs before death legally occurs, even if removal of the vital organ causes death

Natalia is Dr. Jack's medical assistant. One day she accidentally drops a paperweight on his foot. Dr. Jack sues her for battery. Which of the following is Natalia's best defense to the tort of battery?

She did not intentionally drop the paperweight on Dr. Jack's foot

Clinton takes his 10-year-old son, Glen, to the pediatrician, because Glen is complaining of stomach pain. After conducting some laboratory tests, the pediatrician determines that Glen has a bacterial infection. If untreated, the bacterial infection is likely to cause serious bodily injury. If treated with antibiotics, the bacterial infection is likely to be cured. Clinton belongs to a religion in which antibiotic treatment is forbidden. Which of the following is true?

If the pediatrician seeks a court order to compel antibiotic treatment for Glen, then the court will likely grant the court order

Dr. Kathy, a psychologist, agrees to work 20 hours per week for Dr. Janice, a primary care physician, at $100 per hour beginning on Monday. Tragically, the day before she is due to start work, Dr. Kathy is the victim of a car accident and ends up in a coma for a month. After Dr. Kathy emerges from the coma, Dr. Janice sues Dr. Kathy for breach of contract, demanding consequential damages for the month when Dr. Kathy was in the hospital and patients did not receive therapy. Which of the following is Dr. Kathy's best defense?

Impossibility

Dr. Joe is a physician specializing in weight loss techniques. He helps his patient, Rachel, lose 20 pounds. A few months later, without asking Rachel for permission, Dr. Joe puts Rachel's "before and after" pictures and the following text in an advertisement in the newspaper: "This is my patient, Rachel Smith. She lost 20 pounds! If you want similar results, contact me ASAP!" For which of the following torts could Rachel successfully sue Dr. Joe?

Invasion of privacy

Phillip tells a newspaper reporter that his neighbor, Frank, suffers from genital warts. Frank does suffer from genital warts but told Phillip this information in confidence. For which of the following could Frank successfully sue Phillip?

Invasion of Privacy

Which of the following would be legally problematic?

Julie creates a nonprofit corporation called "Coffee Lovers, Inc.," an organization that provides education to the local community about environmentally friendly ways to grow coffee. The education courses cost $20 per hour. Any revenue first pays the salaries of teachers and the costs of running the corporation, after which all remaining revenue is used by Julie to pay off her personal student loan debt.

1. Dr. Ryan's office is being flooded with patient appointment requests, because a nasty case of the flu is going around. There are only twenty available appointment spots per day and far more patient requests. Dr. Ryan must decide which patients to accept for these appointment slots. If he chooses patients based on their nationality, which ethical principle is he violating? (MC)

Justice*

Nick is rendered unconscious by a car accident. Paramedics arrive on the scene and take him to the hospital, where he is given emergency treatment in the emergency department. The next day he regains consciousness. Later, he receives a bill from the paramedics and the hospital emergency department. He argues that he should not have to pay it, because he never agreed to treatment or the cost of treatment, since he was unconscious. He had no advance directive in place. In the event of a lawsuit, which of the following is the likely outcome?

Nick must pay for the emergency medical services, because there was an implied contract

Which of the following, if true, would disqualify Julia from maternity leave coverage under the Family Medical Leave Act (FMLA)?

She has only worked for her employer for six months

. Margaret hosts a birthday party at her house. She refuses to invite people of Asian origin to the party, because she is intolerant of people from Asia. Her neighbors, who are from China, are deeply offended. Which of the following is true?

Margaret has acted unethically

Michael Smith has an employment contract with Nutrition, Inc., a private non-profit corporation that provides nutrition advice. The contract has a termination clause, which says: "Nutrition, Inc. may only terminate Michael Smith if he violates a material term of the contract and has not cured the violation after three warnings."If Nutrition, Inc. terminates Michael Smith's employment without giving any warnings, then which of the following is false?

Michael Smith does not need to seek alternate employment to recover lost wages in a lawsuit

Aunt Phoebe says to Nephew Johnny when he is 19 years old, "I promise to buy you a car for your 21st birthday." Nephew Johnny responds, "That sounds great!" However, Nephew Johnny does not receive a car on his 21st birthday. He sues Aunt Phoebe for breach of contract. What is the court most likely to rule?

No contract was created, because there was no consideration

Which of the following is false about conscience clauses?

No state has ever implemented a conscience clause, so the idea is purely experimental at this point

Dr. Joan is a gynecologist who accepts federal funding. While treating Mary, Dr. Joan learns that Mary has an alcohol addiction. Dr. Joan is not experienced in treating this condition, so she refers Mary to Alcohol Rehab, a treatment facility that specializes in alcohol addiction and accepts federal funding. Is Dr. Joan required to obtain Mary's written, informed consent prior to sharing Mary's protected health information with Alcohol Rehab? Why or why not?

No, because 42 CFR Part 2 does not apply to Dr. Joan

Bonnie and Sophia are architects and best friends. Sophia recently had a blood test at Health Labs, which mailed her the results. Sophia is eager to have her results interpreted by a physician as soon as possible, but her appointment with a physician is not until next week. Therefore, she asks Bonnie to take a look at the results, since Bonnie took some healthcare classes in college. Bonnie is confused by the lab results, so she posts a picture of the results on Facebook and ask her Facebook friends for their thoughts. The picture includes Sophia's name and mailing address. Bonnie does not ask for Sophia's permission.Has Bonnie violated HIPAA? Why or why not?

No, because Bonnie is not a covered entity under HIPAA

Terry has a rare cancer. She has tried every FDA-approved treatment for the cancer. Recently, a small study came out suggesting that Helamix, a medication for treating low blood pressure, could be effective in the treatment of cancer if prescribed at a very high dosage. Terry asks her physician, Dr. Janice, for a Helamix prescription. Dr. Janice does not give Terry the prescription, stating that it is experimental and may have serious, unknown side effects. Terry does not receive the prescription and dies of the rare cancer. Three years later, a much larger trial proves that Helamix is effective for the rare cancer and the FDA approves Helamix for that cancer. As a result, Terry's family sues Dr. Janice for negligence, arguing that had Terry received Helamix, she would have survived.Is Terry's family likely to be successful in a negligence lawsuit? Why or why not?

No, because Dr. Janice did not violate the standard of care at the time that he was treating Terry

Barry sees Dr. Alice, a primary care physician, because of a rash on his skin. Dr. Alice has never seen such a rash before; therefore, she tells Barry that she will do some research on it and get back to him in a few days. The next day, Dr. Alice calls Dr. Smith, another dermatologist, for a peer-to-peer consultation, and describes the rash to Dr. Smith. Dr. Smith suggests that Dr. Alice prescribe a cream called Creamex for the rash. Dr. Alice prescribes the cream. Barry uses the cream for a few days, but rather than helping, it makes the rash even worse.Barry wishes to sue Dr. Smith for negligence. Will he be successful? Why or why not?

No, because Dr. Smith does not owe Barry a duty of care

Congress is considering passing a bill called the Buddhist Act, which would require all Federal agencies to employ at least one person of the Buddhist faith. Congress is unsure whether the Buddhist Act would violate the First Amendment of the U.S. Constitution. Can a federal court provide an opinion regarding whether the Buddhist Act would be unconstitutional prior to the Buddhist Act becoming law, thereby saving Congress time and a lot of future headaches? Why or why not

No, because federal courts cannot offer purely advisory opinion

Lucas has a heart attack at the grocery store. A fellow shopper calls 911. Paramedics arrive at the scene, but Lucas is unconscious. Are paramedics required to obtain Lucas's verbal or written informed consent prior to beginning treatment? Why or why not?

No, because informed consent is presumed in emergency situations

A privately-owned cake store refuses to sell cakes to same-sex couples. Is the store violating the U.S. Constitution? Why or why not?

No, because it is a private store's policy, not a governmental policy

Dr. Sharon is a primary care physician. Primary care physicians typically review a patient's medical record for allergies prior to prescribing a medication, in case the patient is allergic to the medication.In her haste, Dr. Sharon forgets to review the medical record of her patient, John, before prescribing the medication Septra. John is severely allergic to one of the key ingredients in Septra: sulfa. However, John forgets to pick up his prescription and never starts taking Septra. If John sues Dr. Sharon for negligently prescribing Septra without checking his medical record for allergies first, will he be successful?

No, because no damages/injury occurred

Dr. Michael is a heart surgeon. Reasonable heart surgeons performing open-heart surgery wear sterile gloves. However, in his haste Dr. Michael forgets to put on sterile gloves and performs open-heart surgery on Douglas. Following open-heart surgery, Douglas is in great condition with no adverse effects. Can Douglas successfully sue Dr. Michael for negligence? Why or why not?

No, because no harm has occurred

Sarah has an illness for which a cure exists in the form of a medication. She is a mentally competent adult and tells her physician that she does not want the medication. Without the medication, she will die soon. Can the physician force her to take the medication? Why or why not?

No, because she has a legal right to refuse treatment

Billy is a resident of Oklahoma. He is terminally ill and in pain. He would like his physician to prescribe medications to cause a quick, painless death. Billy's physician refuses to do so, because under the state law, physician-assisted suicide is a felony. Billy challenges the law in court, arguing that the state law violates the U.S. Constitution. Is he right? Why or why not?

No, because the U.S. Supreme Court has held that states can choose to prohibit physician-assisted suicide

Dr. Liz is a primary care physician who is treating Bernie for an ear infection. The ear infection does not seem to be improving, so Dr. Liz would like to refer Bernie to an ear, nose, and throat specialist (ENT). Is Dr. Liz required to obtain Bernie's written, informed consent in order to share Bernie's protected health information with the ENT? Why or why not?

No, because the information will be disclosed for the purpose of coordinating treatment

Jerry is in a persistent vegetative state, kept alive through a respirator. In 2010, Jerry created a living will, in which he said that if he is ever in a persistent vegetative state, then a respirator should not be provided.However, his wife, Mary, who is his healthcare proxy, claims that in 2018 Jerry orally revoked the living will in her presence and said he would want a respirator. The state in which Jerry lives allows revocation of living wills orally. Should the hospital remove the respirator? Why or why not?

No, because the living will has been revoked and Mary says Jerry would want a respirator

A state regulation requires women seeking an abortion in the first trimester to first obtain the permission of their religious leader. Is this law constitutional? Why or why not?

No, because the regulation is an undue burden on the woman's right to seek an abortion

Dr. Phil is a psychiatrist. He is treating John for severe depression. Dr. Phil has tried many different commonly-prescribed anti-depressants on John, but none seem to work. One day in 2016, John reads that Felimia, an FDA-approved medication for pain management, might work for treatment-resistant depression, based on a very small study. However, Felimia has some serious side effects.John asks Dr. Phil for the medication but Dr. Phil does not prescribe it, arguing that too little is known about the risks of the medication relative to its benefits for depression. John's depression worsens to the point that he can no longer work and becomes institutionalized. Two years later, in 2018, Felimia is approved by the FDA for depression following some additional larger studies. John sues Dr. Phil for negligence, arguing that had he been prescribed Felimia in 2016, his condition would have improved. Is Phil likely to be successful in the lawsuit? Why or why not?

No, because the standard of care has not been violated

Dr. Sharon, a primary care physician, treats Justin for a sinus infection. Dr. Sharon prescribes amoxicillin for Justin, which is the typical medication prescribed by primary care physicians in these circumstances. Justin takes the amoxicillin for four days but his sinus infection worsens. He sues Dr. Sharon for negligence. Based on these facts alone, is Justin likely to be successful in his lawsuit? Why or why not?

No, because the standard of care has not been violated

Bryan (an elderly man) says to his neighbor, Alex, "I will pay you $100 if you drive me to my physicians' appointments every month." Alex responds, "How about I drive you in exchange for you helping my daughter weekly with her homework?" At this point, has a contract been created?

No, because there was no acceptance

Jerry is in a persistent vegetative state, kept alive through a respirator. He has a living will, which says that if Jerry is ever in a persistent vegetative state, the respirator should not be provided.However, the physician in charge believes that removal of the respirator is physician-assisted suicide. Is the physician correct? Why or why not?

No, removal of the respirator is only passive euthanasia

Nurse Ryan is about to give Sarah a flu shot. Sarah has consented to the flu shot but is afraid of needles. At the last moment, Sarah gets up and leaves the room, never having received the flu shot. Later that night, she has nightmares about needles. For which of the following torts could Sarah successfully sue Nurse Ryan?

None of these are correct

In the parking lot of Jersey Hospital, Dr. Jane accidentally hits Mary, a pedestrian, while backing out of a parking spot. Mary saw the hit coming. For which of the following torts could Mary successfully sue Dr. Jane?

None of these are correct because it was an accident

3. Dr. Jessica slaps her patient when the patient refuses to open her mouth for an examination. Which principle has Dr. Jessica violated? (MC)

Nonmaleficence

In their free time, the nurses from Indiana Hospital play pick-up football. One day while playing football, Nurse Billy runs into Nurse Donavan, knocking Nurse Donavan to the ground. Nurse Donavan sues Nurse Billy for assault and battery. Which of the following is Nurse Billy's best defense to assault and battery?

Nurse Donavan assumed the risk

Which of the following is the strongest argument against the physician standard for information disclosure about side effects of a treatment?

Physicians vary with respect to the type of information they disclose, even for the same treatment in the same community

Ruth is a patient of Dr. Abraham. Dr. Abraham prescribed a medication dose for Ruth that was 10 times the standard dose for similar patients with a similar health condition. After taking the medication, Ruth suffered a miscarriage. She is alleging that Dr. Abraham was negligent, and thus owes her damages for medical costs associated with the miscarriage, as well as for pain and suffering.They are residents of different states. Which of the following will definitely not occur in this case?

Plea bargaining

Which of the following is almost certainly illegal?

Police questioning a suspect in a jail cell without having first provided Miranda warnings

Which of the following is false about sentencing in criminal cases?

Sentences cannot be reviewed on appeal

Maisie has commercial health insurance through her employer, a large privately-owned medical supply company. Which of the following is false about her health insurance?

She bought this insurance on the government marketplace created by the Patient Protection and Affordable Care Act

St. Mary's Hospital accepts Medicaid and Medicare. It is a small hospital in a rural area. Kathy, who is indigent, acquires a serious but rare infection, which causes her to have a seizure and a high fever. Her husband calls 911 and asks the paramedics to take Kathy, who is by now unconscious, to St. Mary's. The St. Mary's emergency department has the equipment and personnel to stabilize Kathy's condition but lacks the ability to cure her. Which of the following must St. Mary's do under EMTALA?

Stabilize Kathy

Which of the following is true with respect to the federal Civil Rights Act of 1964? Mark all that apply.

States are permitted to offer more protection against employment discrimination

While Eric's aunt, Celia, is barely conscious at the hospital, he says to her, "I'd like to buy your house for $100,000." The house is worth $200,000. In her foggy state of mind, Celia says, "Sure." Nothing is put in writing or signed. A week later she is discharged from the hospital and can barely remember the conversation with Eric. She refuses to hand over the keys to the house to Eric. If Eric sues her for breach of contract in Florida, which of the following defenses could Celia successfully argue? Mark all that apply.

Statute of Frauds b.Lack of capacity

Florida Hospital verbally agrees to hire a painter, Bob, to paint its new wing for $3,000, with painting beginning and finishing on March 3, 2018. The hallway is due to open on March 5. The painter never arrives. As a result, Florida Hospital only has one other option—to hire a different painter, Jim, who will charge $3,500 plus a fee for a rush-job. The rush-job fee is $1,000. Florida Hospital sues Bob for breach of contract. If Florida Hospital succeeds in court, which of the following is the most likely result?

The court will require Bob to pay the hospital for the extra $500 charged by Jim and the rush-job fee of $1,000 the hospital incurs

Rehab Center has a contract with Robin, a physical therapist, in which Robin has agreed to work 20 hours per week for $50 per hour for the next year. Under the contract, Robin is only allowed to quit in the event of severe illness. One month after starting work, she calls Rehab Center and says, "Actually, I've decided to pursue my dream of being a writer. Therefore, I quit." Rehab Center immediately begins searching for a new physical therapist. It takes Rehab Center two weeks to find a physical therapist who will accept the same terms as Robin had in her agreement. In the meantime, Rehab Center loses $5,000 in potential physical therapy revenue.Rehab Center sues Robin for breach of contract. If Rehab Center wins the lawsuit, which of the following is the court most likely to order?

The court will require Robin to pay $5,000 to Rehab Center

Michael Smith has an employment contract with Nutrition, Inc., a private non-profit corporation that provides nutrition advice. The contract has a termination clause, which says: "Nutrition, Inc. may only terminate Michael Smith if he violates a material term of the contract and has not cured the violation after three warnings."Additionally, the contract has a liquidated damages clause, which says, "If Nutrition, Inc. wrongfully terminates Michael Smith, then Nutrition, Inc. will owe Michael Smith the equivalent of $100 for each day remaining under the contract." If Nutrition, Inc. terminates Michael Smith's employment without giving any warnings, then which of the following is false?

The judge will enforce the liquidated damages clause if it looks like a penalty

Which of the following is never true in criminal law trials?

The jury is told to find the defendant guilty by a preponderance of the evidence

Bonnie and Sophia are architects and best friends. Sophia recently had a blood test at Health Labs, which mailed her the results. Sophia is eager to have her results interpreted by a physician as soon as possible, but her appointment with a physician is not until next week. Therefore, she asks Bonnie to take a look at the results, since Bonnie took some healthcare classes in college. Bonnie is confused by the lab results, so she posts a picture of the results on Facebook and ask her Facebook friends for their thoughts. The picture includes Sophia's name and mailing address. Bonnie does not ask for Sophia's permission.Under which of the following laws could Sophia successfully sue Bonnie?

The tort of invasion of privacy

Which of the following is false about implied employment contracts?

They are never enforceable in court

Which of the following is false about employment contracts?

They must include liquidated damages clauses

In a jury trial, which of the following best describes the role of the jury?

To decide questions of fact

Which of the following best describes the purpose of expectation damages in a contract dispute?

To place the wronged party in the same position she would be in had the contract been performed

Sharon and Alex are a married couple. They are the two owners of the for-profit corporation, Chiropractors, Inc., with each owning 50% of the corporation. Sharon is the President of the Board of Directors and Alex is the Secretary of the Board of Directors. There are no other members of the Board of Directors. Sharon is the CEO and Alex is the CFO. The corporation has one additional employee, John, who performs all of the chiropractic treatments on patients. One day, while performing a chiropractic treatment, John applies too much pressure relative to the standard of care, breaking the patient's arm.On which of the following grounds could the patient most successfully sue John?

Vicarious liability

Mary is a patient at Alcohol Rehab, a treatment facility that specializes in alcohol addiction and accepts federal funding. Dr. Phil works at Alcohol Rehab. Dr. Phil believes that Mary has a skin condition related to alcohol addiction for which she needs dermatological treatment. He would like to refer Mary to a dermatologist outside of Alcohol Rehab. Is Dr. Phil required to obtain Mary's written informed consent before he shares her protected health information with the dermatologist? Why or why not?

Yes, because 42 CFR Part 2 applies to Alcohol Rehab and its employees

Dr. Michael is an OBYGYN who is treating Anne during her pregnancy. Dr. Constance is Anne's regular primary care physician. Under HIPAA, may Dr. Michael and Dr. Constance discuss Anne's pregnancy without Anne's written informed consent? Why or why not?

Yes, because a covered entity may disclose information for purposes of treatment coordination

In Florida, Dr. Jamie calls Medical Supply, Inc. and asks for $100 worth of bandages over the phone. Medical Supply, Inc. agrees to deliver $100 worth of bandages by next Friday. Dr. Jamie pays with a credit card over the phone. Has a contract been created?

Yes, because all the elements were met

Dr. Mary is a primary care physician in a small private practice. Danielle visits Dr. Mary complaining of severe pain following a fall down the stairs. Dr. Mary prescribes a medication for Danielle but does not ask Danielle to get an x-ray.However, Dr. Mary does tell Danielle to avoid walking for at least one week. Danielle does not listen to Dr. Mary's orders and goes skiing. Danielle's condition worsens to the point that one month later she can no longer walk. Assume that both Dr. Mary and Danielle were negligent. Can Danielle sue Dr. Mary? Why or why not?

Yes, because more than one party can be negligent in a negligence lawsuit, including the patient

haron and Alex are a married couple. They are the two owners of the for-profit corporation, Chiropractors, Inc., with each owning 50% of the corporation. Sharon is the President of the Board of Directors and Alex is the Secretary of the Board of Directors. There are no other members of the Board of Directors. Sharon is the CEO and Alex is the CFO. The corporation has one additional employee, John, the chiropractor, who was hired after a thorough background and references check. One day, while performing a chiropractic treatment, John applies too much pressure relative to the standard of care, breaking the patient's arm.The corporation is found negligent in a court of law but has insufficient funds and assets to pay for the patient's damages. Therefore, the patient seeks damages from Sharon and Alex personally as owners, going after their personal wealth. Based on these facts alone, is the patient likely to obtain damages from the personal wealth of Sharon and Alex?

Yes, because they own the corporation

Gerry is walking her dog when she trips on a branch, breaking her arm. Her neighbor, Dr. Alice, sees Gerry break her arm and offers to put Gerry's arm in a sling to prevent further injury until Gerry gets to the emergency room. Gerry says no, but Dr. Alice is concerned that without a sling, Gerry will further exacerbate the injury. Therefore, Dr. Alice grabs a sling from her house and forces Gerry's arm into the sling against Gerry's will. Could Gerry successfully sue Dr. Alice for battery?

Yes, regardless of whether the sling helps the arm heal

Both Nurse Susan and Nurse Sally simultaneously care for Bailey, a nursing home patient. One day while lifting Bailey together, Nurse Susan and Nurse Sally accidentally drop Bailey, breaking Bailey's arm. Assume that both nurses violated the medical standard of care. Can Bailey successfully sue both nurses for negligence?

Yes, so long as each substantially contributed to the harm

Alex takes his 8-year-old daughter, Magda, to the pediatrician. From whom must the pediatrician obtain informed consent to examine Magda?

alex

Sharon and Alex are a married couple. They are the two owners of the for-profit corporation, Chiropractors, Inc., with each owning 50% of the corporation. Sharon is the President of the Board of Directors and Alex is the Secretary of the Board of Directors. There are no other members of the Board of Directors. Sharon is the CEO and Alex is the CFO. The corporation has one additional employee, John, who performs the chiropractic treatments on patients. One day, while performing a chiropractic treatment, John applies too much pressure relative to the standard of care, breaking the patient's arm.The corporation is found negligent in a court of law but has insufficient funds and assets to pay for the patient's damages. Therefore, the patient seeks damages from Sharon and Alex personally, going after their personal wealth. The patient's attorney discovers that Sharon and Alex have been mixing corporate funds with money in their personal bank account and have failed to hold annual shareholder and Board of Directors meetings. Based on these facts alone, is the patient likely to obtain damages from the personal wealth of Sharon and Alex? Why or why not?

Yes, under the theory of "piercing the corporate veil"

True or False? A corporation can only be held liable for actions by an independent contractor if the independent contractor committed an intentional tort.

false

True or False? Few healthcare businesses qualify as engaging in interstate commerce for purposes of federal law.

false

The President nominates Bob Jones to be a justice of the Supreme Court of the United States. In order to become a Justice, Bob Jones' nomination must be approved by the U.S. Senate. To which legal principle is the Senate's approval of Bob Jones most directly related?

a. Checks and balances*

To help the flailing palm tree industry, Congress passes a federal law called The Beautiful Highways Act. Which of the following is Congress's best argument for why it can pass this law even though the U.S. Constitution says nothing about palm trees or highway beautification? (MC)

a. Congress has the explicit power to regulate interstate commerce*

11. Which of the following statements is true? (MC)

a. Healthcare is a moral enterprise*

12. With which of the following statements would a deontologist agree? (MC)

a. Motivations behind an action matter*

Dr. Joan is a primary care physician. Erin has strep throat. Dr. Joan prescribes an antibiotic which will cure the strep throat but might cause the unintentional side effect of dry mouth. If untreated, strep throat can be deadly. Which of the following must be true for the principle of double-effect to apply?

a. Prescribing the antibiotic is an inherently good or neutral action b. Dr. Joan does not intend the side effect of dry mouthc. The potential benefits of the medication (curing strep throat) outweigh the potential risks (dry mouth) d. All of these are correct**

10. To which of the following groups of people do physicians owe a fiduciary duty? (MC)

a. Their patients*

14. Which of the following is true of state governments? (MC)

a. They have tripartite distributions of powerb. They have their own constitutionsc. They have sovereign authorityd. All of these are correct*

5. Which of the following is an example of an approach to distributive justice? (MC)

a. To each according to meritb. To each an equal sharec. To each according to needd. All of these are correct*6

13. Which of the following ethical approaches is most concerned with a person's character?

a. Virtue ethics*

Which of the following are potential benefits associated with arbitration relative to jury trials? Mark all that apply.

a.A faster resolution of the case b.A less expensive resolution of the case

For the last two years, Erica has been employed full time by Hospital, Inc., a large not-for-profit corporation with 100 employees. Based on these facts, which of the following are true? Mark all that apply.

a.Hospital, Inc. must offer Erica health insurance c.Hospital, Inc. must comply with the Occupational Safety and Health Act d.Hospital, Inc. must comply with the Fair Labor Standards Act

Which of the following are reasons for underuse of advance directives according to existing research?

a.Lack of public knowledge about advance directives b.Public concern that creating an advance directive is time-consuming c.Poor communication between physicians and patients in some communities d.All of these are correct*

Which of the following are associated with criminal cases but not civil cases? Mark all that apply.

a.Prosecution b.Plea bargaining e.Arrest

St. Mary's Hospital has hired Nurse Betty. Nurse Betty is directly supervised by Dr. Alice. One day, Dr. Alice accidentally prescribes ten times the standard dosage of a common medication. Nurse Betty notices that the dosage is unusually high but fails to question it, violating the standard of care for nurses. Nurse Betty administers the medication to the patient. The hospital has a policy stating that nurses should never administer medication that appears to be the wrong dosage unless they have sought the opinion of a second physician. The patient experiences a serious injury from the improper dosage. Whom could the patient successfully sue for negligence and why? Mark all that apply.

a.St. Mary's hospital under the theory of vicarious liability d.Dr. Alice, for negligence e.Nurse Betty, for negligence

A state regulation requires physicians who prescribe opioids to educate patients about the dangers of opioids. If a physician argues in court that the regulation violates her right to free speech, which of the following would the state need to show for the regulation to be constitutional? Assume that the fundamental right to free speech includes the right to speak freely to one's patients.

a.The regulation is advancing an important government interest b.The regulation is narrowly tailored to achieve its aim c.Both of these are correct

What are the purposes of pretrial detention in criminal cases? Mark all that apply.

a.To ensure that the defendant attends the trial b.To prevent the defendant from committing a crime

True or False? All covered entities, regardless of size or complexity of their healthcare operation, must implement the same security measures under the HIPAA Security Rule.

false

8. The Florida legislature wants to create its own currency. Why would courts find this action unconstitutional? (MC)

b. Because the Constitution gives Congress the explicit power to coin currency; and the Supremacy Clause makes federal law "win" if state law conflicts with Federal law*

12. Which of the following is true about the constitutional right to privacy? (MC)

b. The U.S. Supreme Court has said it is an implied right in the U.S. constitution*

15. The federal government is concerned about the number of car accidents involving young adults. Therefore, it wants states to raise their minimum drinking age from 21 to 25. Which of the following actions by the federal government would be constitutional? (MC)

b. The federal government offers each state 100 million dollars for state drug and alcohol education, so long as the state raises its drinking age to 25*

A privately-owned cake store refuses to sell cakes to same-sex couples. The state in which the store operates has passed an antidiscrimination statute, which forbids businesses open to the public from discriminating based on sexual orientation. Which of the following laws is the store violating?

both

Which of the following is true about the 14th Amendment to the U.S. Constitution? Mark all that apply. (MA)

c. Its Equal Protection clause prevents states from discriminating against citizens based on certain characteristics, like race, national origin, ethnicity, and religion*

To help the flailing palm tree industry, Congress passes a federal law called The Beautiful Highways Act. The law offers 10 million dollars to each state that plants palm trees besides its highways. Based on the U.S. Supreme Court decision in National Federation of Independent Businesses v. Sibelius, which of the following is most likely true? (MC)

c. The Beautiful Highways Act is not coercive*

13. The Department of Health and Human Services is part of which of the following branches of the federal government? (MC)

c. The executive branch*

True or False. Regardless of whether we apply consequentialism or deontology to an ethical problem, both approaches will always give us the same answer.

false

True or False? An individual has an equal expectation of privacy at his or her place of employment as in his or her home.

false

Billy Bob is a defendant in a criminal case. During Billy Bob's criminal trial, the judge forces him to take the stand in open court and answer questions about the crime. Which of the following amendments to the U.S. Constitution is the judge violating?

the Fifth Amendment

9. True or false. When a state legislature passes a law, the state law must comply with both the U.S. Constitution and the state constitution.

true

True or False? A covered entity is required to follow both the HIPAA Privacy Rule and HIPAA Security Rule.

true

True or False? Advance directives are underused, especially among non-White individuals.

true

True or False? An unconscious individual's surrogate cannot remove life-sustaining treatment if it is likely that the incapacitated individual will eventually regain consciousness.

true

True or False? Healthcare practitioners who are forced to perform practices against their closely held ethical beliefs may experience moral distress.

true

True or False? Jack is the sole-proprietor of Acupuncture by Jack. Clients write Jack a personal check for his services. One day, while inebriated, Jack performs acupuncture on a client, injuring the client. The client successfully sues Jack for negligence. Jack may be required to use his personal wealth and assets to compensate the client for damages.

true

True or False? Many pro-choice groups considered the decision in Casey to be a defeat, because it gave states the ability to regulate abortion in the first trimester, so long as the regulation is not an undue burden on the woman's right to choose.

true

True or False? Most physicians are covered entities under HIPAA.

true

True or False? Planned Parenthood v. Casey affirmed that the fundamental right to seek an abortion is part of the fundamental right to privacy.

true

True or False? Rick, Sr. and Rick, Jr. are father and son. They are primary care physicians. They have a partnership called Primary Care Partnership. Rick, Sr. commits an act of negligence. Rick, Jr. may be required to use his personal wealth and assets to pay for the patient's damages.

true

True or False? Samuel is not a registered organ donor and he lacks a living will. If he dies, then his spouse, Matt, can decide whether to donate Samuel's organs based on Samuel's known wishes.

true

True or False? The U.S. Supreme Court has said that states can prohibit active euthanasia, because such a prohibition is rationally related to a legitimate state interest.

true

True or False? The following corporate structure would be legal in most states: Bryan is a massage therapist. He is the sole owner of his for-profit corporation, Bryan's Massage, Inc. He is both the president and secretary of the board of directors, and he is the only officer (the CEO).

true

True or False? The parties in a civil lawsuit can agree to have a bench trial instead of a jury trial.

true

True or False? The right to privacy is an implicit right in the U.S. Constitution.

true

a. Congress has the explicit power to regulate interstate commerce*

true