Law and Ethics chapter 2

Misfeasance refers to a failure to perform an act that is one's required duty or that is required by law

false, misfeasance refers to a lawful act that is done incorrectly

If an employee is covered under the doctor's malpractice insurance, the employee does not need additional malpractice insurance.

false, If an employee is covered under the doctor's malpractice insurance, it is up to the employee to purchase additional malpractice insurance

Some states consider it legal for medical assistants to diagnose a condition and prescribe treatment

false, it is not legal for medical assistants to diagnose a condition and prescribe

A physician's appointment book is considered a legal document

true

A living will is intended to help families of terminally ill patients deal with the inevitable outcome and limit unnecessary medical costs

true

An employee pays a minimal fee for protective gear

false, the employor pays a minimal fee for protective gear

An employee who refuses the HBV vaccination must sign a wavier

true

Laws forbid storing food or drinks in refrigerators that are used to store blood

true

According the Clinical Laboratory Improvement Amendments of 1988 CLIA, waived tests require the least amount of judgment and pose an insignificant risk to the patient in the event of an error

true

The study of values and principals governing personal relationships, including ideals of autonomy, justice and conduct is known as ethics

true

A physician may bill for both direct and indirect services

false, a physician should bill for direct services only

It is illegal for a patient to be denied a copy of his chart if he is unable to pay the fee to obtain it

true

Even if the patient wants to disclose information, it is ethical for the physician not to do so

false, if the patient consents to disclose information, the physician may do so

A blood-borne pathogen can be transmitted through skin that is broken or through mucous membranes

true

HBV is a highly contagious and potentially fatal disease that causes inflammation of the liver

true

A physician may choose to withdraw from a case when a personality conflict develops between the physician and the patient that cannot be resolved

true

A physician cannot be held responsible for the actions of employees

false, a physician can be held responsible for the actions of employees

Universal Precautions prevent medical professionals from exposing themselves and others to blood borne pathogens

true

The legal nature of the doctor-patient relationship is that of
a. a contract
b. private one
c. a professional association
d. quid pro quo

a contract

In certain cases, the patient may not legally be able to act for himself in establishing a contract with the doctor. In these cases, he would need a/an
a. lawyer
b. judge
c. agent
d. notary public

agent

Which of the following could not act legally as an agent for another person?
a. the parent of a child
b. an adult child for his parent
c. someone engaged by the patient himself
d. a 15 year old sister for a younger brother

a 15 year old sister for a younger brother

Breaches of the patient's confidence may result in suits for
a. assault & battery
b. libel and slander
c. malpractice or negligence
d. malfeasance

libel and slander

The doctor's liability for breach of contract is based upon
a. a failure to perform an agreed upon undertaking
b. negligence
c. medical ethics
d. constitutional law

a failure to perform an agreed upon undertaking

Medical professional liability is a term currently used in preference to
a. malfeasance
b. misfeasance
c. malpractice
d. nonfeasance

nonfeasance

In preforming a treatment without the patient's informed consent, the physician runs the risk of a suit for
a. negligence
b. assault and battery
c. defamation
d. breach of contract

assault and battery

The exception to the doctrine of informed consent is
a. the minor
b. the incompetent adult
c. the emancipated adolescent
d. the unconscious or emergency patient

the unconscious or emergency patient

Of the following, which could constitute cause for a suit charging breach of duty?
a. failure to take an x-ray in the case of a possible fracture
b. trying a new and experimental treatment
c. photographing the patient for scientific reasons
d. all of the

all of the above

The statue of limitations for bringing malpractice suits varies from state to state, but in most states it is
a. six months
b. one year
c. three years
d. five years

one year

A physician agrees to achieve a particular result or cure for a patient and then fails to do so, he is liable for
a. fraud
b. negligence
c. breach of contract
d. misfeasance

breach of contract

Violation of federal or state narcotics law constitutes
a. civil negligence
b. a tort
c. a criminal act
d. misdemeanor

a criminal act

Which is NOT usually considered part of the vital statistics reported to the medical examiner?
a. reports of births and deaths
b. communicable diseases diagnosed and treated
c. injuries due to gunshots and stabbings
d. narcotics inventory

narcotics inventory

The best way to maintain an accurate record of drugs on hand and those dispensed is to
a. keep a duplicate copy of every prescription written
b. have all patients obtain their prescription medicine at the same time
c. make notations concerning the prescri

have a special narcotics record book in which a running inventory is kept

Very often a physician will receive a court order to appear and testify. This order is known as a/an
a. ultimatum
b. subpoena
c. decree
d. summons

subpoena

Some states have laws to prevent a physician from revealing in court confidential information gained during the physician-patient relationship, since these are considered as
a. privileged communications
b. qualified communications
c. inviolate communicati

privileged communications

Good Samaritan statutes
a. apply only to the physicians
b. generally make the physician immune from civil liability in cases of rendering emergency care, provided that the care is rendered in good faith and with due caution
c. are uniform in scope through

generally make the physician immune from civil liability in cases of rendering emergency care, provided that the care is rendered in good faith and with due caution

A professional code of ethics
a. a serves to regulate the actions of its members
b. establishes general standards of conduct
c. promotes the elevating of acceptable standards of performance of its members
d. all of the above

all of the above

The term PHI in HIPPA stands for
a. Provider Health Information
b. Professional Health Information
c. Personal Health Information
d. Protected Health Information

Protected Health Informaion

A license to practice medicine is
a. granted upon graduation from medical school
b. required by law in each state
c. not necessary in all state
d. a guaranteed right of every graduate MD or DO

required by law in each state

For anyone to practice medicine without a license, except in a few special circumstances, is
a. a tort
b. a civil offense
c. criminal offense
d. an act of malpractice

criminal offense

When a physician treats other physician or allied health professionals free of charge, the term used is
a. add-ons
b. freebies
c. professional courtesy
d. write-offs

professional courtesy

The most common type of medical tort liability is
a. negligence
b. breach of contract
c. breach of confidence
d. fraud and deceit

negligence

A medical assistant may give an injection
a. if the patient asks her/him to
b. only if she/he knows exactly what the medications is
c. if told to do so by the office manager
d. only on the orders of a physician

only on the orders of a physician

Negligence in the medical profession is called
a. tort
b. assault
c. malpractice
d. battery

malpractice

Incorrect information given that may injure the reputation of another is called
a. slander
b. breach of contract
c. battery
d. tort

slander

A government agency having the legal responsibility for enforcing proper drug manufacture and clinical use is called
a. National Formulary
b. Food and Drug Administration
c. Hospital Formulary
d. National Drug Administration

Food and Drug Administration

A_____ is a rule of conduct established and enforced by an authority or governing body, such as the federal government
a. principle
b. law
c. tort
d. policy

law

A health-care professional who stops care without providing an equally qualified substitute can be charged with
a. neglect
b. delayed treatment
c. breach of duty
d. abandonment

abandonment

Which of the following is demonstrated when a patient's leg healed incorrectly because of the way the cast had been applied?
a. indirect cause
b. possible cause
c. accidental cause
d. direct cause

direct cause

A process in which the opposing sides choose a person outside the court system, with special knowledge in the field, to hear and decide a dispute is
a. a tort
b. an agency
c. a subpoena
d. arbitration

arbitration

An employee who is considered to be acting on the doctor's behalf while performing professional tasks is
a. respondent superior
b. subpoena duces tecum
c. malfeasance
d. res ipsa loquitur

respondent superior

What agency is responsible for enforcing the HIPAA Privacy Rule, Security Rule, and the confidentiality provisions of the Patient Safely Rule?
a. OSHA
b. Office of Inspector General
c. Office of Civil Rights
d. Office of Homeland Security

Office of Civil Rights

The term res ipsa loquitur refers to cases in which
a. the patient has a previously existing condition
b. the doctor's mistake is completely obvious
c. the patient has already filed a lawsuit
d. faulty record keeping from doctor's error

the doctor's mistake is completely obvious

A physician reports a case of acquired immunodeficiency syndrome (AIDS) to the state, This is called
a. negligence
b. breach of contract
c. physician's public duty
d. lack of condifentiality

physician's public duty

How often must every employee who may be exposed to hazardous or infectious substances on the job be given free information and training during working hours?
a. monthly
b. at least once a year
c. every two years
d. every three years

at least once a year

The source of information to find out if hazardous substance causes cancer and which lists other possible risks and states OSHA requirements for controlling exposure is called
a. US Department of Labor
b. Centers of Disease Control and Prevention
c. Mater

Material Safety Data Sheets (MSDS)

An employee agrees to give a blood sample after being exposed to HIV but refuses to be tested. The blood sample must be kept for ____ in case the employee later develops symptoms or decides to be tested.
a. 2 weeks
b. 1 month
c. 3 months
d. 6 months

3 months

According to OSHA regulations, employee medical and exposure records must be kept on file
a. for 5 years
b. during employment and 30 years afterward
c. until the employee leaves the job
d. until the physician retires

during employment and 30 years afterward

OSHA's record-keeping and documentation requirements in a medical office are
a. to keep the physician informed
b. to obtain enough data to proceed with disciplinary action against an employee
c. to protect the legal rights and safetly of everyone in the m

to protect the legal rights and safetly of everyone in the medical office

Professional negligence is also known as
a. malice
b. quid pro quo
c. malpractice
d. none of the above

malpractice

What is the procedure if an OSHA inspector finds that the medical assistants in a medical worn gloves for 2 months becasue the employer did not make them avaliable?
a. a written letter of reprimand goes to the employer
b. each medical assistant is sent a

a fine as high as $10,000 could be charged and multiplied by the number of employees

A physician is required to report which of the following?
a. abuse
b. births
c. HIV case
d. all of the above

all of the above

_____created federal laws to protect health care workers from health hazards on the job.
a. FDA
b. OSHA
c. EPA
d. MSDS

OSHA

A situation in which the patient automatically gives up the right to confidentiality is when the patient
a. sues a physician
b. has a sexually tramitted disease
c. has a terminal illness
d. chooses another physician

sues a physician

The document established by the American Hospital Association in 1973 and revised in 1992 that lists ethical priniciples protecting the patient is the
a. Hippocratic Oath
b. Code of Medical Ethics
c. Patient's Bill of Rights
d. Quality Assurance Program

Patient's Bill of Rights

Which of the following does not apply when maintaining a patients' privacy?
a. do not leave confidential information on a copier
b. discard confidential information in shared trash containers
c. do not send confidential materials via e-mail
d. do not leav

discard confidential information in shared trash containers

In which case can a minor's medical records be released?
a. a fellow physician has called the office to request the release
b. a parent with legal custody has signed the release forms
c. the insurance company has requested their release
d. the patient has

a parent with legal custody has signed the release forms

The age of majority in most jurisdictions is
a. 21 years
b. 19 years
c. 17 years
d. 18 years

18 years

The unauthorized disclosure of client information can be considered
a. perjury
b. burden of proof
c. an invasion of privacy
d. credibility

an invasion of privacy

The study of values or principles governing personal relationships, including ideals of autonomy, justice, and conduct is called
a. etiquette
b. ethics
c. non-malfeasance
d. moral

ethics

The HIPAA Privacy Rule covers protected health information in any medium. The HIPAA Security Rule specifically covers protected health information in what format?
a. electronic
b. paper
c. verbal
d. none of the choices

electronic