Med. Assist. Law & Ethics

A medical assistant suspects a young patient is the victim of child abuse; Signs of abuse are also the finding of the examining physician. The medical assistant and the physician should: A. speak to parent/guardian about their suspicions and document the encounter B. document findings in the medical record and report it to the proper authorities C. not document these suspicions in the chart because the abuse should 1st be ruled out D. ask the parent/guardian to give explanations and document the encounter E. document findings in the medical record and set up a follow-up appointment

B

A medical office's policy regarding the length of time for retaining patient files should be based on which of the following laws? A. Patient Self-Determination Act B. statute of limitations C. Fair Credit Billing Act D. Medical Practice Act E. Freedom of Information Act

B

An act performed by a health-care provider is considered fraudulent when: A. it was an honest mistake B. it involved an intent to deceive C. the action taken is on the wrong patient D. it resulted in misinterpretation E. it was an inadvertent misrepresentation

B

Because of the high cost of cosmetic surgery, a patient agrees to and signs a written payment plan. The payments are to be for 7 months and 7 installments of $95. The legislative act that gives the requirements for the written payment plan is the: A. Fair debt Collection Practices Act B. Truth in Lending Act C. Patient Self-determination Act D. Medical Practice Act E. Equal Credit Opportunity Act

B

Privileged communication refers to: A. arbitration B. confidentiality C. an affidavit D. allied health professionals E. misfeasance

B

The legal term for committing an improper act that is legally unjustified and possibly harmful to another is: A. nonfeasance B. malfeasance C. res ipsa loquitur D. dereliction E. misfeasance

B

The principal purpose of a living will is to: A. give family members permission to make medical care decisions for the patient B. let caregivers know the patient's wants with regard to lifesaving measures C. give a physician authority to make life-sustaining measures for a patient D. keep a patient alive by whatever measures are necessary E. make preparation of any part of a person's body for transplantation

B

The term res judicata means: A. failure to act when duty indicated B. the thing has been decided C. something for something D. the thing speaks for itself E. borrowed servant doctrine

B

When a state recognizes and approves someone's license to practice medicine that has been issued by another state, it is referred to as licensure by: A. consent B. reciprocity C. endorsement D. quid pro quo E. registration

B

When consideration is being made for suspension or revocation of a physician's license, what is the most difficult reason to prove? A. falsifying medical records B. professional incapacity C. embezzlement D. battery E. narcotics violation

B

Which of the following contract types most often exists between physician and patient? A. res ipsa loquitur B. implied C. privileged D. quid pro quo E. expressed

B

According to the Fair Debt Collection Practices Act, when can you telephone a debtor? A. Anytime B. Between 7AM and 10PM C. Between 8Am and 9PM D. Between 9AM and 11PM E. Anytime after 12PM

C

If a physician simply decided to stop providing care for his or her noncompliant patient without following the appropriate legal steps, the patient could file a lawsuit against the physician on the grounds of: A. quid pro quo B. malfeasance C. abandonment D. res ipsa loquitur E. respondeat superior

C

In a court of law, the person being sued is known as the: A. plaintiff B. arbitrator C. defendant D. victim E. respondeat loquitur

C

Injury to another as a result of the performance of a wrong and illegal act is considered: A. res ipsa loquitur B. misfeasance C. malfeasance D. quid pro quo E. res judicata

C

Medical record copies may be released to any 1 of the following, EXCEPT whom? A. The patient, with physician permission B. The attorney representing the patient, if subpoenaed and released by patient C. The husband or wife of the patient D. The physician the patient is being referred to E. The hospital emergency room, by the physician

C

Professional negligence in medicine must be proven by presented evidence of the following 4 elements: A. malpractice, illfeasance, damages, dereliction of duty B. malpractice, misfeasance, feasance, duty C. duty to the patient, dereliction of duty, direct cause, damages D. an illegal act, dereliction of duty , malfeasance, damages E. professional misconduct, dereliction of duty, damages, misfeasance

C

Responsibility for the actions of a medical assistant falls 1st to the: A. medical assistant, if nationally certified as an RMA or a CMA B. medical assistant's clinical or administrative supervisor C. employer/physician D. medical office manager E. office-trained medical assistant

C

The body (bodies) that grants (grant) licenses to practice medicine under the Medical Practice Act is (are): A. the American Medical Association B. CLIA '88 C. the state boards of medical examiners D. the national boards of medical examiners E. the national boards of higher education

C

The loss of a physician's license is referred to as: A. disbarment B. suspension C. revocation D. exodus E. expulsion

C

The purpose of the Medical Practice Acts is to protect the: A. allied health professional B. physician C. general public D. insurance company E. hospital inpatient

C

This form of medical practice may have personal property attached in case of business failure and earns all of the profit when the business succeeds. A. profit sharing corporation B. partnership with limits C. sole proprietorship D. specialty group E. professional corporation

C

To prove negligence against a physician, all of the following must be proved EXCEPT the following: A. Dereliction of duty directly resulted in patient injury. B. Under involved circumstances, there was no compliance with the duty required. C. Dereliction of duty indirectly caused more than 1 injury to the patient. D. Duty was owed to the patient. E. Delinquency of duty directly resulted in patient injury.

C

When a patient formally gives a loved one durable power of attorney for health-care matters, at what point does this legal document become active? A. when the patient signed the document B. when the patient's physician is notified of the document's existence C. when the patient can no longer make competent medical decisions D. when the patient has been placed in a nursing home E. when the patient has been admitted to the hospital

C

Which of the following concepts refers to the principles of conduct that are required by legislative enactments? A. morals B. professionalism C. laws D. ethics E. standards of conduct

C

Which of the following legislative regulations allows nonlicensed personnel to perform clinical procedures while employed by a licensed physician? A. Fair Labor Standards Act B. Federal Trade Commission Act C. Medical Practice Acts D. National Labor Relations Act E. Occupational Safety and Health Act

C

Which of the following responses is NOT a true statement about ethics? A. Ethics comprises are principles of right and wrong conduct. B. Ethics comprises self-imposed standards of conduct. C. Ethics comprises formal actions of a legislative body. D. Ethics relates to morals and moral judgments. E. Ethics comprises philosophical thoughts and judgments.

C

Which of the following situations would present a civil rather than a criminal liability for a physician? A. A physician in medical practice treats patients without a valid license. B. A physician falsifies medical records for a workers' compensation case. C. A surgeon performs knee replacement on the wrong knee. D. A physician is accused of substance abuse while on the job. E. A physician is accused of child abuse.

C

A breach of confidentiality is considered unethical and illegal and is prohibited by: A. OSHA B. Civil Rights Act C. standard of care D. HIPAA E. Medical Practices Act

D

Any breached federal or state narcotics laws are considered which type of offense? A. Criminal acts B. Misdemeanors C. Torts D. Civil wrongs E. Breaches of the peace

A

Slander is defamation through which type of act? A. spoken statements that damage someone's reputation B. written statements that damage someone's reputation C. res ipsa loquitur D. improper performance of an act E. res judicata

A

The term for an employee who is considered to be acting on the doctor's behalf while performing professional tasks is: A. respondeat superior B. subpoena duces tecum C. malfeasance D. res ipsa loquitur E. nonfeasance

A

Under civil law, the most common type of medical liability tort is: A. negligence B. breach of contract C. defamation D. slander E. battery

A

Which of the following concepts typically define ethics? A. Principles of right and wrong B. Legal actions to civil wrongs C. Practical actions to taken D. Guidelines for occupational professionalism

A

Which of the following reasons led to the creation of the states' Medical Practice Acts? The need to: A. determine the methods and requirements of physician licensure B. protect all health-care professionals reporting both STDs and child/elderly abuse C. regulate serious issues of drug use and abuse D. ensure medical facility access to all people E. protect patient's rights with terminal illnesses

A

Which of the following statements is FALSE? A. The physician-patient relationship is legally recognized when the patient arrives at the office for treatment. B. Consent is a mutual agreement between legally capable parties when an offer is made and accepted. C. Expressed contracts are between 2 parties and may be verbal or written. D. Implied contracts are the result of a provider treating a patient. E. Quid pro quo translates as something for something (service for payment).

A

Which of the following terms describes a court order to appear with medical records or document? A. Subpoena duces tecum B. Quid pro quo C. Deposition D. Subpoena E. Res ipsa loquitur

A

A medical provider can avoid patient abandonment by: A. giving verbal notice of withdrawal from an established patient B. declaring the patient to be indigent C. mailing the patient a copy of the borrowed servant doctrine D. giving formal notice of withdrawal from the established patient E. none of these answers

D

A patient's unreasonable conduct resulted in injury to himself, and he has filed a claim of medical malpractice against his physician. If the court determines the patient to be fully or partially at fault, the term used for this finding is: A. malfeasance B. quid pro quo C. nonfeasance D. contributory negligence E. informed consent

D

According to the law, which statement is FALSE regarding financial responsibilities for patients? A. A husband may be held responsible for his wife's treatment charges. B. A wife is not always responsible for her husband's treatment charges. C. A father is responsible for his minor children's debts. D. If a mother refuses to pay for her treatments, her adult son is responsible for payment. E. A mother may be responsible for her young child's treatment charges.

D

Any breach by medical office staff of patient confidentiality may result in charges of: A. malfeasance B. assault C. malpractice D. negligence E. theft

D

Bioethics is concerned with: A. criminal actions that deal with life and health care B. in vitro fertilization C. genetic engineering D. moral controversy over biomedical technology E. cloning

D

Confidential information that a patient has shared with a physician is called: A. an advance directive B. feasance C. an implied contract D. privileged communication E. an assumption of risk

D

Congress is the ________ branch of the federal government of the United States. A. judicial B. administrative C. contractual D. legislative E. executive

D

For which of the following purposes may a physician use photographs he or she has taken of a patient's condition with no signed consent? A. as part of a PowerPoint presentation at a medical seminar B. as an illustration in a medical journal article C. as an aid in medical research to include in a medical publication D. as documentation to authorities in reporting abuse and/or neglect E. for the hospital's medical staff newsletter

D

If a patient were to sue a physician for dereliction of duty, the patient would have to prove the physician: A. had breached confidentiality B. did not carry malpractice insurance C. lacked empathy for the patient D. did not conform to the acceptable standard of care E. was a fraud

D

Injury to another person as a result of failure to act when duty is indicated is: A. feasance B. malfeasance C. misfeasance D. nonfeasance E. Illfeasance

D

The Americans with Disabilities Act guarantees which of the following rights for the physically impaired? A. Equal pay for like positions B. Health insurance for full-time employees C. Vacation pay D. Ease in physical access to the workplace E. Overtime pay

D

The legal term for the confidential information exchanged in a physician and patient relationship is: A. classified B. professional C. res ipsa loquitur D. privileged E. consent

D

The occurrence of malpractice lawsuits is directly related to which factor? A. the yearly income of the patient B. the level of the patient's education C. the socioeconomic status of the patient D. the level of trust in the physician-patient relationship E. the level of disability the patient is left with

D

The ordinary skill and care that all medical practitioners must use are called the: A. Equal Opportunity Act B. Good Samaritan Law C. Medical Practice Act D. standard of care E. Self-Determination Act

D

The period of time that a patient has to file a lawsuit is set by the: A. public law B. Medical Practice Act C. date of the affidavit D. statute of limitations E. Fair Labor Standards Act

D

The physician-patient relationship is considered which type of legal relationship? A. an alliance B. a partnership C. a professional association D. a contract E. an affiliation

D

The privacy rule is in place to protect: A. all medical billing B. specialists in the field of medical law C. the considerations of cultural beliefs D. electronic transfer of information E. medical professional organizations

D

The recognition by a state of an out-of-state license to practice medicine is called licensure by: A. examination B. state approval C. state revocation D. reciprocity E. special endorsement

D

The term stare decisis means: A. the thing has been decided B. let the master answer C. the thing speaks for itself D. let the decision stand E. something for something

D

To comply with HIPAA, a medical office must always furnish what information to a new patient to be seen for treatment? A. a copy of each staff member's malpractice insurance policy B. certifications and licensure documents of medical staff C. office policy manual D. the provision of privacy practices document E. clinical daily equipment control log

D

Under which law is the compensation awarded as money for a civil injury or wrongful act committed against another person or property? A. contract law B. privacy law C. criminal law D. tort law E. administrative law

D

Verbally divulging information about a patient to someone not directly involved in the patient's care is an example of which improper conduct? A. libel B. misfeasance C. defamation D. invasion of privacy E. malfeasance

D

A factor that may influence when the onset period of time for the statute of limitations on a negligent action resulting in an injury begins may be: A. the date of the patient's last treatment B. when the final payment for services is made C. when the plaintiff files a suit for the injury D. the date of the plaintiff's 1st postoperative visit E. when the injury is discovered

E

Civil law includes: A. torts B. implied contracts C. medical malpractice D. expressed contracts E. all of these answers

E

Libel is defined as: A. action intended to deceive another person B. verbal statements made about another person that are malicious and/or false C. ruining someone's good reputation by spreading verbal rumors D. printed statements or pictures about another person that are false E. statements written or pictures about another person that are intended to be cruel and damaging to a person's reputation

E

The courts mandate that the physician uphold the "standard of care" in practice. This means the physician is required to provide care that is: A. the highest degree possible under the circumstances B. comparable to all other physicians of the same specialty anywhere C. comparable to all given circumstances D. equal to national norms E. comparable to reasonable, attentive, diligent physicians of the same education, same specialty, and practicing in the same or similar geographic area

E