HSC4652 final study

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

Which of the following business entities provides the most liability protection to owners for negligence of the business?

corporation

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 of the following virtues is Dr. Joan exhibiting?

courage

Roger is visiting his friend in the hospital. After having a few beers, Roger starts running down the hospital hallway while shouting at the top of his lungs, disturbing patients. With which of the following crimes is he most likely to be charged if the hospital calls the police?

disorderly conduct

Which of the following legal forms allows someone to appoint another person as a surrogate healthcare decision maker?

durable power of attorney

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. A defendant in a criminal case is required to answer questions in open court.

false

True or False. A homicide can only be considered murder if there was an intent to kill.

false

True or False. All contracts must be in writing in order to be legally valid.

false

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

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

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

Sharing of power between the states and federal government is most directly related to which of the following legal principles?

federalism

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

jail time

Which of the following is false about employment contracts

They must include liquidated damages clauses

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

Which of the following business entities has the simplest structure?

sole-proprietorship

The Department of Health and Human Services is part of which of the following branches of the federal government?

the executive branch

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

True or False. Billy's aunt is prescribed oxycodone for chronic pain. She offers Billy a few of her pills, because he has injured his back. If Billy uses the pills, he is violating federal law.

true

True or False. Federal courts can hear cases when they involve parties from two or more different states.

true

True or False. It is easier to prove the terms of a written contract as compared to the terms of an oral contract in the event of a legal dispute.

true

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

true

True or False. Physicians owe a legal duty of care towards their patients.

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. Some Constitutional rights apply to defendants in criminal cases but not to defendants in civil cases.

true

True or False. The Fair Labor Standards Act does not apply to independent contractors.

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: A judge who interprets ambiguous language in a regulation might defer to the agency's interpretation.

true

True or False: It is typically easier to amend a state constitution than to amend the U.S. Constitution.

true

True or false. A crime is a wrongdoing against the state or society, whereas a tort is a wrongdoing committed by one private individual against another private individual.

true

True or false. According to deontology, the right action is that which conforms with a moral rule.

true

True or false. An action can be both a crime and a tort.

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. Physicians have no legal obligation to provide futile treatment, meaning treatment that is unlikely to be successful, even if requested by the patient and the patient's family.

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

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

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

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

Which of the following statements describes a tort?

An action or omission caused by one party that harms another party

Sharon is a massage therapist. She says to Ryan, a potential client, "I charge $75 per hour." Ryan nods his head and lies down on the massage table. Sharon proceeds to provide a one-hour-long massage. Which of the following activities constituted acceptance of an offer?

Ryan nodding his head and lying down on the massage table

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

Sentences cannot be reviewed on appeal

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

True or False. A patient can provide informed consent to a procedure verbally rather than in writing.

true

True or False. An action by a wrongdoer can result in both civil and criminal liability.

true

Which of the following is nevertrue in criminal law trials?

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

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

alex

Which of the following is a potential policy limitation on termination of at-will employment?

all of the following -professional licensure rules -statutes -regulations

To which of the following ethical approaches is the principle of double-effect most directly related?

deontology

Which of the following do individual states in the U.S. have?

their own written constitution

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?

Congress has the explicit power to regulate interstate commerce

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

Which of the following is/are a defense to a claim of negligence? Mark all that apply.

-assumption of the risk -a good samaritan statute

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

-fair notice -hearing before an impartial decision maker

The Florida legislature wants to create its own currency. Which of the following explain why the courts would find this action unconstitutional?

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

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 14th Amendment

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 1, 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 1. 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

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

-a faster resolution of the case -a less expensive resolution of the case

Which of the following is true about state regulations? Mark all that apply

-state regulations cannot violate the state constitution -state regulations cannot violate the U.S. Constitution -State regulations are issued by subject matter experts rather than legislators

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

-to ensure that the defendant attends the trial -to prevent the defendant from committing a crime

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?

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

In which of the following cases is an individual most likely to be charged with involuntary manslaughter?

A college student breaches his duty to pedestrians, by dropping a bowling ball from the roof of a dormitory as a joke, accidentally killing a pedestrian below

Dr. Shannon interviews George for the position of medical assistant. At the conclusion of the interview, Dr. Shannon reaches out her 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. What is Dr. Shannon's best defense to the tort of assault?

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

Which of the following state laws is least likely to violate the Equal Protection clause of the 14th Amendment?

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

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. Janice is a chiropractor who bills Medicare for patients' treatment. Medicare requires patients to pay a $20 copayment for chiropractic services. To attract new patients, Dr. Janice has a special deal during the month of February wherein all new patients do not have to pay any copay. Which of the following laws, if any, is Dr. Janice violating?

Anti-Kickback Statute

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

Mary is a patient at Alcohol Rehab, a treatment facility that specializes in alcohol addiction and accepts federal funding. Which of the following laws apply to the disclosure of Mary's health information by Alcohol Rehab?

Both the HIPAA Privacy Rule and 42 CFR Part 2

Diedre is a Jehovah's Witness who is rendered unconscious in a car accident. The faith of Jehovah's Witnesses prohibits blood transfusions. Paramedics are unaware that Diedre is a Jehovah's Witness. They take her to the hospital where she is given a blood transfusion to save her life. She is unconscious the entire time. A few days later Diedre regains consciousness and sues the hospital for battery. Which of the following is the hospital's best defense?

Diedre's consent to the blood transfusion was implied by the emergency

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

Dr. Sasha lives in a state where the amount of information that physicians must give a patient about a medical procedure is governed by the "physician standard." Which of the following is true if Dr. Sasha is explaining the risks and benefits of knee replacement surgery to her patient, John?

Dr. Sasha must tell John as much information as physicians in Dr. Sasha's circumstances would reveal

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

Negligence has four elements. What are they?

Duty, breach of duty, harm, causation

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

Which of the following is true about the Fourteenth Amendment?

It prevents state governments from discriminating against citizens based on race

Which of the following is false regarding the HIPAA Privacy Rule?

It requires a physician to get a patient's informed consent each time the patient's information is shared with his or her insurance provider

Which of the following is true of common law in most U.S. states?

It sometimes "fills in the blanks" not addressed by regulations or statutes

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

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

Dr. Janice is a chiropractor. Her husband is a massage therapist. Both Dr. Janice and her husband bill Medicare for their services. Dr. Janice routinely refers her patients to her husband's massage therapy practice. Which of the following laws, if any, is Dr. Janice violating?

Physician Self-Referral Law

Jane is unconscious. In which of the following circumstances will a "living will" NOT go into effect?

Physicians are confident that Jane will soon regain consciousness

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

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 federally-funded clinical trials involving human subjects?

Researchers must put biospecimens collected from adult participants into a national database

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?

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 surgeon has an independent contractor relationship agreement with a hospital. Under which of the following circumstances is the hospital most likely to be found vicariously liable for the surgeon's act of negligence while performing surgery in the hospital?

The hospital exercises complete control over how the surgeon performs surgery.

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 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?

The state antidiscrimination statute

Which of the following is the primary purpose of tort law?

To compensate injured parties and to deter private parties from harming each other

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 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"

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

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 are correct -his health condition -the purpose of the antibiotic -the benefits of the antibiotic -the risks of the antibiotics -alternatives to the antibiotics

Diane has been in the hospital emergency department waiting room for three hours and is getting very frustrated. Finally, Diane walks up to the receptionist and shoves her against a wall, saying, "I want to be seen right now!" The receptionist calls the police. Which of the following crimes is Diane most likely to be charged with?

assault

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

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?

because crystal has joined a union

According to the Uniform Determination of Death Act, adopted by most states, which of the following is a definition of "death"?

both of these -Cessation of all circulatory and respiratory function -Cessation of all brain activity, including of the brain stem

Which of the following terms refers to law made by judges?

common law

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

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?

he 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

Which of the following statements is true?

healthcare is a moral enterprise

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. 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 of the following ethical principles is he violating?

justice

Dr. Jessica slaps her patient when the patient refuses to open her mouth for an examination. Which of the following ethical principles has Dr. Jessica violated?

nonmaleficence

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

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

state governments

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

Which of the following courts is the highest authority with respect to interpretation of a question of federal law?

the U.S. Supreme Court

A judge who follows the "plain meaning" approach to interpreting ambiguous text in legislation is most likely to base her interpretation on which of the following?

the literal meaning of the text

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

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

According to U.S. Supreme Court decisions, which one of the following is a fundamental individual right under the U.S. Constitution?

the right to seek an abortion

In the event of a conflict between a state law and the U.S. Constitution wherein it is impossible for a citizen to follow both laws simultaneously, what will a court decide?

the state law is definitely invalid

In a state's hierarchy of state law, which of the following is the dominant law?

the states constitution

Which of the following courts is the highest authority with respect to interpretation of a question of state law?

the states supreme court

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

to decide questions of fact

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

Natalia is Dr. Jack's medical assistant. One day she accidentally drops a paperweight on Dr. Jack's foot. Dr. Jack sues Natalia 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

Congress passes the Nutritional Supplements Labeling Act. The purpose of the Act is to "create labeling standards for nutritional supplements." The Act tasks the Food and Drug Administration (FDA) with issuing regulations. The FDA issues the following regulation: "All nutritional supplements must include labels that are exactly 2 inches in height." A Nebraska health agency then issues the following regulation: "All nutritional supplements sold in Nebraska must include labels that are exactly 4 inches in height." A nutritional supplement manufacturer in Nebraska sells supplements with labels that are 2 inches in height. The Nebraska health agency fines the manufacturer for violating Nebraska's labeling law. The supplement manufacturer files suit in federal court. Based on these facts, which of the following will the court decide?

The Nebraska law is invalid, because it is preempted by the federal law

Dr. Margaret is an orthopedic surgeon. After performing surgery, she refers her patients to Jason, her husband, for physical therapy services. She bills Medicare for orthopedic surgery, and Jason bills Medicare for physical therapy. Which of the following laws, if any, is Dr. Margaret violating?

The Physician Self-Referral law (a.k.a. "Stark Law")

Which of the following is true about the constitutional right to privacy?

The U.S. Supreme Court has said it is an implied right in the U.S. Constitution

Which of the following is false about Roe v. Wade?

The U.S. Supreme Court said states can ban abortion in the first trimester

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

Ali is a pharmacist. In 2015 his state's health agency issues the following regulation: "All pharmacists who dispense opioids must provide education to patients about the dangers of opioids." Each time Ali dispenses opioids to patients, he provides them with a website address at which they can find information about opioid dangers; but Ali does not have an oral conversation about the dangers of opioids with patients. The state agency suspends Ali's license for failure to provide appropriate education to patients. In court, which of the following is Ali's best argument against the agency's action?

The regulation is unconstitutionally vague about the patient education standards

Ali is a pharmacist. In 2015 his state's health agency issues the following regulation: "All pharmacists who dispense opioids must provide education to patients about the dangers of opioids." Ali does not provide any form of education to his patients about the dangers of opioids, because he believes this state regulation violates his freedom of speech under the U.S. Constitution. Suppose that in 2013, in the case Pharmacists v. Virginia, the U.S. Supreme Court held that state requirements for pharmacists to have conversations about medications do not violate free speech rights. Ali files suit in state trial court after the state agency suspends his pharmacy license. With respect to the question of free speech under the U.S. Constitution, which of the following is true?

The state trial court must follow the decision of the U.S. Supreme Court in Pharmacists v. Virginia, because the U.S. Supreme Court is the highest authority with respect to questions of federal law

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

Sharon is a massage therapist. She says to Ryan, a potential client, "I charge $75 per hour." Ryan nods his head and lies down on the massage table. Sharon proceeds to provide a one-hour-long massage. Does Ryan owe her $75?

Yes, because all of the elements of contract formation have been met

Kevin is a resident of Alabama. While driving through Florida for a business trip, he accidently rear-ends Jonah, a resident of Florida. If Jonah brings a lawsuit against Kevin, can he bring the lawsuit in a federal district court? Why or why not?

Yes, because federal courts have diversity jurisdiction

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

An agency in Florida issues the following regulation: "All weed killers sold in Florida must have a label warning of its dangers to endangered species of bees." Weeds, Inc., a Florida-based weed-killer manufacturer, creates labels for its product that include a picture of dead bees. There is no text beside the picture. The Florida agency fines the manufacturer for violating the regulation, claiming that the picture by itself does not constitute a warning. The manufacturer believes that the Florida regulation violates the 14th Amendment to the U.S. Constitution by being vague in its definition of "warning," thereby not providing fair notice of standards for punitive enforcement action. Can the weed-killer manufacturer file suit in a federal district court? Why or why not?

Yes, because the dispute involves a question of federal law

Dr. Janice is a chiropractor employed by Chiropractor, Inc. As part of her employment agreement, Dr. Janice was given stock in Chiropractor, Inc. Medicare pays for chiropractic treatment if the patient is diagnosed with a soft tissue injury but not if the patient is diagnosed with fibromyalgia. Any time a patient visits the clinic with fibromyalgia, Dr. Janice documents the condition as a soft tissue injury. Hoping to increase the value of the corporation, and, relatedly, the value of her own shares in the corporation. Is the corporation criminally liable for Dr. Janice's behavior? Why or why not?

Yes, because the fraudulent action is in the scope of Dr. Janice's employment and it is intended to benefit 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

Which of the following is a feature of our legal system?

all of these -federalism -checks and balances -a written U.S. Constitution

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 -Dr. Kristin may be criminally prosecuted by the government -Dr. Kristin may be liable for negligence if Sharon's condition is due to abuse and the condition worsens -Dr. Kristin may be disciplined by her state's physician licensing board

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

all of these are correct -Lack of public knowledge about advance directives -Public concern that creating an advance directive is time-consuming -Poor communication between physicians and patients in some communities

St. Mary's Hospital has hired Nurse Betty. St. Mary's Hospital has no handwashing 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 are correct -St. Mary's hospital under the theory of vicarious liability -St. Mary's hospital under the theory of corporate liability -The members of the board of directors, for neglecting their duty to set safety policies

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 -The corporation, Chiropractors, Inc., under the theory of corporate liability -The corporation, Chiropractors, Inc., under the theory of vicarious liability -Sharon, in her role as president of the board of directors -Alex, in his role as secretary of the board of directors -John, as a chiropractor

Which of the following could satisfy the element of harm in a negligence case?

all of these are correct -physical injury -worsening of a physical impairment -medical expenses -property damage -pain and suffering -lost wages -loss of consortium

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?

all of these are correct -prescribing the antibiotic is an inherently good or neutral action -Dr. Joan does not intend the side effect of dry mouth -the potential benefits of the medication outweight the potential risks

Which of the following legal concepts is associated with the 14th Amendment to the U.S. Constitution?

all of these are correct -procedural due process -substantive due process -equal protection under the law

Which of the following is true of state governments?

all of these are correct -they have tripartite distributions of power -they have their own constitutions -they have sovereign authority

Which of the following is an example of an approach to distributive justice?

all of these are correct -to each according to merit -to each an equal share -to each according to need

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

Which of the following stages of civil litigation does NOT occur before trial?

appeal

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 should he structure his business?

as a sole-propreitorship

Dr. Janice is a chiropractor. While providing treatment to a patient, she accidentally breaks the patient's arm. The patient's spouse is so angry that he shoves Dr. Janice against the wall. With which crime, if any, could the spouse be charged?

assault

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

assault

Which of the following is the default type of employment in the U.S.?

at-will

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

Informed consent in medicine is grounded in which of the following ethical principles?

autonomy

Which of the following is an ethical principle in Beauchamp and Childress's Framework of Four Ethical Principles?

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 of the following ethical principles is Dr. Jack experiencing an ethical dilemma?

autonomy and beneficence

Suppose that in 2015 Congress passes a law called the Car Camera Act, which says "All new cars sold in interstate commerce must have cameras." Congress tasks the Department of Transportation with enforcing the law. The Department of Transportation issues a regulation stating that cars only need to have backup cameras, but not side cameras. Displeased with the Department of Transportation's regulation, which Congress feels does not go far enough, Congress then passes a new law in 2017: The Better Car Camera Act. This Act says, "All new cars sold in interstate commerce must have backup cameras and side cameras." Based on these facts alone, in 2018, which cameras must new cars have?

backup and side cameras

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

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.

both of these are correct -The regulation is advancing an important government interest -The regulation is narrowly tailored to achieve its aim

A nurse employed by a hospital commits an act of negligence at the hospital. The hospital hired the nurse without checking his credentials. Under which of the following theories might the hospital be liable for the nurse's negligence?

both of these are correct -corporate liability -vicarious liability

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

True or False. All nonprofit corporations are exempt from paying taxes.

false

True or False. All private-sector employees are eligible for 12 weeks of unpaid leave for serious illness under the Family Medical Leave Act.

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

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

false

True or False. Healthcare providers who report suspected child abuse are likely to be prosecuted if the child was not actually abused.

false

True or False. If a physician obtains informed consent to perform an operation on a patient, this consent automatically means that other physicians in the same hospital can perform the operation on the patient too.

false

True or False. If both the patient and the healthcare practitioner are at fault in a negligence case, then the patient can never successfully sue the healthcare practitioner for negligence.

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. Individuals who have been touched in a sexual manner without their consent should only report the touching to the police if the action is considered "rape" under the state law.

false

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. The HIPAA Privacy Rule only applies to current individually identifiable health data, not past data

false

True or False. The HIPAA Privacy Rule restrictions would apply to a photograph of a bruise with no person's individually identifying information attached.

false

True or False. The required standard of evidence (or proof) is lower in a criminal trial than in a civil trial.

false

True or false. According to deontology, it is okay to use a person as a means to an end, so long as the end is good.

false

True or false. As the supreme government of the land, the federal government can force state governments to implement any laws, so long as the laws accomplish a goal of the federal government.

false

True or false. In Planned Parenthood v. Casey, the U.S. Supreme Court decided that states can never create any restrictions on abortions.

false

True or false. The U.S. Supreme Court has held that Americans have a constitutional right to physician-assisted suicide, a form of active euthanasia.

false

True or false. The right to privacy is explicitly mentioned in the U.S. Constitution.

false

Dr. Janice is a chiropractor. Medicare reimburses care only if the patient is diagnosed with a soft tissue injury but not if the patient is diagnosed with fibromyalgia. In order to receive payment from Medicare, any time a patient visits the clinic with fibromyalgia, Dr. Janice documents the condition as a soft tissue injury. Which of the following laws, if any, is Dr. Janice violating?

false claims act

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. 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

Natalia wants to join the circus. She decides to go to a public park to practice her knife throwing skills. While practicing throwing knives at a tree, she accidently hits a child, killing the child. With which of the following crimes is she most likely to be charged?

involuntary manslaughter

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.

lack of capacity

On Facebook, Marta posts the following false statement about Jack: "Don't date Jack. He has genital herpes." For which of the following could Jack successfully sue Marta?

libel

With which of the following statements would a deontologist agree?

motivations behind an action matter

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

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?

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

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 opinions

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 -assault -battery -assault and battery -false imprisonment

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

Dr. Janice is a chiropractor. While providing treatment to a patient, she accidentally breaks the patient's arm. With which of the following crimes, if any, could Dr. Janice be charged?

none of these is correct -assault -aggravated assault -involuntary manslaughter

Dr. Zach is an orthopedist who both works in a hospital and teaches part time at the local university. His patient, Javier, recently had surgery on a knee ligament. Dr. Zachary shows a picture of the ligament to his class. The picture does not have any personally identifiable information. Which of the following laws, if any, has Dr. Zach violated?

none of these is correct -the HIPAA privacy rule -42 CFR part 2 -both the HIPAA privacy rule and 42 CFR part 2

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 court roles does not exist in a civil trial?

prosecution

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

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

To which of the following groups of people do physicians owe a fiduciary duty?

their patients

Which of the following is false about implied employment contracts?

they are never enforceable in court

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

true

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

True or False. It may be unconstitutional for the government to terminate a public sector's employment without "good cause."

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. 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: Before issuing a regulation, federal agencies must read and consider comments from the public.

true

True or false. According to the theory of consequentialism, the right action is that which results in the most good.

true

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

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, which had been unavailable under Roe v. Wade.

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. The right to privacy is an implicit right in the U.S. Constitution.

true

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

Which of the following approaches to ethics is most concerned with a person's moral character?

virtue ethics

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

virtue ethics

Suppose that in 2013 a Texas state trial court in Marion County held that texting while driving was a form of reckless driving, and thus merited the same fine as reckless driving: $1000. That court decision was appealed to the state court of appeals and eventually to the Texas Supreme Court, which in 2017 affirmed the trial court's decision. Then in 2018 the Texas legislature passed a law stating the following: "Texting while driving is a separate offense from reckless driving, punishable by a $2000 fine." If Erin is charged with texting while driving in 2019 in Marion County, what is the maximum fine she will face?

$2000

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 -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.

For the last two years, Erica has been employed fulltime 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.

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

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

-It has been interpreted to protect individual rights in the First Amendment from violation by state governments -Its Equal Protection clause prevents states from discriminating against citizens based on certain characteristics, like race, national origin, ethnicity, and religion

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.

-Roe v. Wade used a trimester framework for determining when a state's interest became compelling -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

St. Mary's Hospital has hired Nurse Betty. Nurse Betty is directly supervised by Dr. Alice. One day, Dr. Alice accidentally prescribes 10 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.

-St. Mary's Hospital under the theory of vicarious liability -Dr. Alice, for negligence -Nurse Betty, for negligence

If Jenny punches Bryan, and Bryan sees the punch coming, which of the following tort(s) has Jenny committed? Mark all that apply.

-assault -battery

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

-prosecution -plea bargaining -arrest

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

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

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

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 1, 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 1. 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 15

Joe tells Dr. Margaret, his mental health therapist, that he plans to murder his mother tomorrow. Which of the following is true?

Dr. Margaret would be required to reveal this information to the police in some states but not all states.

Dr. Ryan is convicted of violating the federal False Claims Act after submitting false claims to Medicare. Which of the following is true?

Dr. Ryan will be excluded from participating in the Medicare program in the future under the Exclusion Statute (42 U.S.C. § 1320a-7)

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. 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

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.

In the middle of the night, Ryan breaks into Pharmacy, Inc. at night and steals controlled substances. The security guard, Josh, is very angry about being unable to stop the crime, especially since patients will be unable to obtain their medicines from the pharmacy until the shelves are restocked. A few days later, Josh sees Ryan downtown and follows Ryan through an alley. Josh then stabs and kills Ryan while saying, "You deserve to die, since many patients lacked medication for days!" With which of the following will Josh likely be charged?

Murder, because he intended to kill Ryan without provocation or justification

In the middle of the night, Ryan breaks into Pharmacy, Inc. to steal controlled substances, bringing a gun with him. While breaking into the pharmacy, Ryan displays his gun, intending to scare the night security guard, but Ryan accidently kills the security guard instead when the gun goes off. If Ryan can successfully prove that the gun accidentally went off, with which of the following is Ryan most likely to be charged?

Murder, because the killing occurred during the commission of another crime

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

Aunt Phoebe says to Nephew Johnny when he is 19 years old, "I promise to buy you a car for your 21stbirthday." 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

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

Dr. Liz is a primary care physician who is treating Bernie for an ear infection. Bernie brings his friend, Josh, to the appointment with him. Dr. Liz writes an antibiotic prescription for Bernie. Bernie and Josh leave the office and return to the parking lot. However, Josh suddenly remembers that he left his jacket in the examination room. As he is walking into the examination room, Dr. Liz says, "I forgot to tell Bernie not to take ibuprofen while he is taking the antibiotic for the ear infection. Could you let him know?" Has Dr. Liz violated HIPAA? Why or why not?

No, because Dr. Liz has a reasonable belief that Josh is involved in Bernie's healthcare, that the disclosure is in Bernie's best interest, and that Bernie would not object to the disclosure

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

Nydia is an independent contractor hired by Monroe Hospital, Inc. as a landscaper. One day she sees a patient, Mary, sitting on a bench outside of the hospital. Nydia sneaks up behind Mary and grabs her wallet. Mary discovers the theft and calls the police. Nydia is later convicted of larceny. Is Monroe Hospital, Inc. likely to be held criminally liable for Nydia's actions? Why or why not?

No, because Nydia is an independent contractor

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

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, 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?

No, because the corporate structure provides liability protection to owners for negligence of the corporation

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 John 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

Billy says to John, "If you babysit my daughter on Fridays from 3pm to 6pm, I will pay you $50." John responds, "How about $70 instead?" Has a contract been formed? Why or why not?

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

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