Legal and Ethical Aspects of Health Information Management- Ch 4 Exam

How may a physician-patient relationship not be terminated?

Insurance carrier denies payment.

Punitive damages involve which of the following elements?

awarded to punish one party

Which of following statements is true of corporate negligence?

A hospital may create unreasonable risk if it fails to require credentialing of an unqualified physician.

Which is true under the concept of vicarious liability?

A hospital may not be held liable for an independent contractor.

assumption of risk

A patient that voluntarily exposes him or herself to a known danger may not recover damages caused by incurring that risk.

To establish liability, what must first occur?

A relationship must be established between a health care provider and a patient.

What is the difference between assault and battery?

Assault involves the anticipation of being touched in a way that is potentially harmful.

Under The Joint Commission standards, a hospital is required to treat every patient that arrives at its door.

FALSE- They are required to treat emergency cases only.

When a physician, in good faith, discloses an erroneous diagnosis of a contagious disease to a third party, which is true?

He is protected from liability by qualified privilege.

contributory negligence

Patient contributed in part to the injury the patient received.

comparative negligence

Patient's negligence does not defeat his/her cause of action, but it does reduce the damages he/she is entitled to recover.

What is true in the event that a hospital's policies and procedures establishes a higher standard of care?

Practitioner is bound by the higher standard.

Which is true after a physician has been admitted to a hospital's medical staff?

Privileges may be curtailed or terminated for failure to meet quality of care standards .

Improper disclosure of health information is an injury, and the patient is able to bring a lawsuit.

TRUE

Notice of a breach of confidentiality must be given within 60 days after discovery of the breach except when there is insufficient patient contact data.

TRUE

The media must be contacted if a breach of confidentiality occurred affecting 500 or more residents of a state or jurisdiction.

TRUE

With regard to minors, which is true regarding the statute of limitations?

extended to the age of majority

To use the assumption of risk defense, what must be proven?

The plaintiff knew of the risk, The plaintiff voluntarily assumed the risk, The plaintiff was not coerced into a decision

When filing a complaint under res ipsa loquitur, which is true?

The presumption of negligence may be created against all professionals present at the time of the injury.

When might a case of medical abandonment be decided in the plaintiff's favor?

There was an injury proven to be related to the termination of the relationship.

Which is true regarding non-profit hospitals?

They are required to compensate for injuries the same as for-profit organizations.

How is causation best described?

a foreseeable injury existed and could have been anticipated by another reasonable medical professional

What does EMTALA require?

a hospital to treat any patient in active labor

assault

a threat that does not involve physical contact (without permission of the individual)

In which situation would breach of duty of care apply?

an RN administering the wrong dose of antibiotic

What is the time line for notifying the Secretary of Health and Human Services of a confidentiality breach?

annually if the number of people affected is less than 500, immediately upon discovery if the number of people affected is 500 or over

Removal of a wrong organ may involve what type of charges?

battery, improper performance, negligence

Which theory does NOT apply when a psychologist learns of a patient's intent to harm another person?

provider-client confidentiality, which prohibits the practitioner from disclosing protected health information

Damages might be awarded for invasion of privacy in which circumstances?

publication of photographic documentation without the patient's permission

Which of the following describes the conditions under which the physician-patient relationship may be established?

without specifics of payment being addressed prior to treatment, under emergency conditions, until properly terminated by either party

nonintentional tort

committed by a person who lacks the intent to do something wrong

intentional tort

committed by a person with the intent to do something wrong

implied contract

conduct of the physician and patient and the circumstances of the situation create an understanding that an agreement has been reached

Which of the following elements are necessary for a successful negligence claim?

connection between duty and breach, damages, breach of duty of care

How would you define the breach of duty of a hospital to require a patient to be examined by a qualified professional?

corporate negligence

Vicarious liability applies to an employer when which of the following is determined?

what the employee does in the course of his/her work day

What might be an example of an intentional tort allegation?

defamation

slander

defamation expresed by oral expressions or transitory gestures

libel

defamation expressed in print, writing, pictures, or signs

medical malpractice

failing to follow a standard of care which results in harm to the patient

negligence

failure of a prudent and reasonable person to do what others with comparable training and experience under the same or similar circumstance, and in the same geographical region

Which of the following is true regarding defamation expressed in writing?

known as libel

How can professional misconduct be best described?

malpractice

Which of the following is true regarding the concept of comparative negligence?

may be measured in percentages and reduces overall award of damages

Which of the following is true regarding technical battery?

may occur during a wrong site procedure

A physician-patient relationship may be terminated for which reason?

non-compliance, death, resolution of problem for which treatment had been sought

The majority of medical malpractice suits filed in the United States involve what type of liability action?

nonintentional tort

When is the physician-patient relationship established?

when the patient requests treatment and the physician agrees to render care

battery

physical contact involving injury or offense (without permission of the individual)

What were Good Samaritan laws enacted to do?

protect physicians and other rescuers who render appropriate emergency care

Which is true regarding statutes of limitations?

require a plaintiff to bring suit within a specified period of time

Which is true regarding governmental immunity?

requires the government's permission to bring a lawsuit, applies to the military, protects government employees who act with due care

How may the applicable standard of care be established?

state laws and regulations, professional association documents, hospital policies and procedures

When a hospital-physician relationship is established, a physician becomes part of the medical staff based on what criteria?

successful completion of a prescribed credentialing process

express contract

terms, rights, and responsibilities of physician and patient are agreed on either in writing or orally

What does the increasing use of apologies in litigation involve?

the hope that it will reduce the number of malpractice suits filed

Why might an expert witness be employed in a negligence claim?

to determine whether the standard of care was breached

technical battery

treatment exceeds the consent given by the patient

Which of the following is true regarding res ipsa loquitur?

tries to convince a jury that the injury would not have happened except as a consequence of negligence