chapter 6

limit

Cap

Allan Walker continues to smoke after his physician warns him that smoking carries the risk of lung cancer. His physician documents this admonition in Allan's medical record. When Allan develops lung cancer, he sues his doctor for malpractice. Allan states that he did not know about the risk of continued smoking. What malpractice defense might apply in this case? a. denial b. assumption of risk c. contributory negligence d. borrowed servant e. b and c both apply

Denial and Contributory negligence

Neglect

Dereliction

which of the four D's is violated when a physician fails to inform the patient about the risks of not receiving treatment? a. duty b. dereliction c. direct cause d. damages e. none of the above is correct

Dereliction

legally responsible for one's actions

Liable

Using a third person to help settle a dispute in a nonbinding decision is called: a. mediation. b. arbitration. c. malpractice lawsuit. d. civil lawsuit. e. none of the above.

Mediation

The doctrine of respondeat superior does not apply between the physician and the: a. nurse. b. medical assistant. c. phlebotomist. d. pharmacist. e. physical therapist.

Medical Assistant

Carl Simon, a pharmacy technician, fills a prescription for Coumadin, a blood-thinning agent, for Beth White. He hands Beth the prescription without giving her any instructions.Beth has been taking large doses of aspirin for arthritis. The aspirin and Coumadin cause excessive bleeding when Beth takes them together. What is the legal term to describe a potential liability that Carl may have committed/ a. malfeasance b. misfeasance c. nonfeasance d. arbitration e. standard of proof

Nonfeasance

direct cause of injury

Proximate

A phlebotomist draws blood from Sam Ford's right arm. Sam experiences pain and numbness in that arm immediately after the blood is drawn. this is an example of what legal doctrine? a. duty b. feasance c. res judicata d. proximate cause e. rider

Proximate cause

Emily King mistakenly administers syrup of ipecac, which causes vomiting, instead of syrup of cola, which soothes the stomach lining, to Jacob Freeman. Jacob immediately begins to vomit. Which term could be used to describe Emily's action? a. res judicata b. res ipsa loquitur c. nonfeasance d. misfeasance e. rider

Res ipsa loquitur

Once the court has decided a case and the appeals process is over, there can be no new lawsuit on the same subject between the same two parties. This is referred to as: a. statute of limitations. b. res ipsa loquitur. c. res judicata. d. contributory negligence. e. comparative negligence.

Res judicata

To cover their employees, some physician's carry additional insurance that is added onto the physician's liability insurance. a. liability. b. rider. c. tort. d. cap. e. standard of proof.

Rider

add-on to an insurance policy

Rider

a civil wrong

Tort

improper doing of a lawful act

misfeasance

failure to perform a necessary action

nonfeasance

In a medical office, the list of agents for the physician includes the: a. nurse, medical assistant, and LPN. b. technicians. c. cleaning staff. d. a and b only. e. a, b, and c.

nurse, medical assistant, and LPN, technicians and cleaning staff.

"the thing speaks for itself"

res ipsa loquitur

"the thing has been decided"

res judicata