question

What is a Tort?

answer

A civil wrong committed against a person or property excluding breach of contract. Must involve injury, damage to property, or deprivation of civil liberties. May be intentional or unintentional.

question

What is a Tortfeasor?

answer

Person guilty of a tort.

question

List the 4 C's of medical Malpractice

answer

Caring Communication Competence Charting

question

A health care practitioner who practices the "four Cs of medical malpractice prevention" finds two important benefits related to one of the "Cs"—that is, improvement in patients' medical conditions and the decreased likelihood that they will sue. Which "C" is most likely to provide these benefits?

answer

Caring.

question

The highest law in our country is

answer

The U.S. Constitution.

question

What is not sufficient grounds for revoking a medical license?

answer

Misdiagnosis.

question

As employers, physicians have general liability for many aspects of their business. What does not fall under the responsibility of the employers?

answer

Employees driving to and from the workplace.

question

For legal purposes, the health care professional should know that if it isn't in writing and explained completely and accurately, it wasn't done. To which of the "4 Cs of medical malpractice prevention" does this statement refer?

answer

Charting.

question

The statutes in all 50 states that govern the practice of medicine are called

answer

Medical Practice Acts

question

Unethical behavior is always

answer

Unacceptable

question

A surgeon removes the wrong kidney from a patient. The patient can sue under which of the legal doctrines?

answer

Res Ipsa Loquitur "The thing Speaks for Itself"

question

A patient has not paid the balance due after insurance payments. The practice manager has sent numerous reminders and the patient has not contacted the practice At this point the practice manager

answer

May have the physician sign a letter of dismissal with 30 days to find a new physician

question

Unlawful acts are always

answer

Unethical

question

What is an example of a B-need in Maslow's hierarchy of human needs

answer

A medical assistant needs to be respected by his/her fellow medical assistants.

question

Risk management is a process to

answer

Minimize danger, hazard, and liability

question

Instead of going to court, two parties in dispute agree to a neutral third party listening to both sides of the argument and helping to resolve the dispute. What is the term for this type of dispute resolution?

answer

Mediation

question

Amanda is a nurse in Dr. Smith's pediatric practice. She accidently gives a patient the wrong medication. Dr. Smith is held responsible under:

answer

Respondeat Superior "Let the Master Answer"

question

Under the provisions in the Affordable Care Act, insurance companies must cover dependent children up to age

answer

26

question

What do professional organizations create to govern their members?

answer

Code of Ethics

question

Give an example of an action that an employer would be responsible for under respondeat superior?

answer

An employee accidentally prescribes the wrong medication.

question

A physician is caring for an indigent 37-year-old male patient with no health insurance, who is admitted to the hospital with acute pancreatitis related to alcohol abuse. The administrator questions whether this patient is entitled to health care because he did not take responsibility for his actions leading to this condition and he has no health insurance plan. What is the ethical principle guiding the physician's actions?

answer

Justice

question

From what does an implied contract result?

answer

The actions of the parties involved

question

Methods used to manage risks are considered a part of

answer

Quality Assurance

question

What would be the best advice for a nurse caring for patients who have complained about their treating physician?

answer

Listen carefully and see that the comments reach the physician.

question

A physician working in a nursing home warns the residents of an outbreak of a communicable disease and takes measures to protect them from exposure. This is an example of what principle?

answer

Duty of Care

question

A doctor prescribes a placebo for a patient who he feels is complaining of pain that is not there. This is an example of a violation of what principle of health care ethics?

answer

Veracity

question

The statute of limitations is:

answer

Different depending on the state.

question

If a patient is injured because a health care professional failed to exercise the care and expertise that under the circumstances could reasonably be expected of a professional with similar experience and training, then that professional may be liable for:

answer

Negligence

question

Both parties in the physician-patient relationship have certain rights and responsibilities. Which of the following is a physician responsibility?

answer

Exercise his or her best professional judgment in all cases.

question

Which doctrine says a lawsuit cannot move forward if a certain period of time has elapsed?

answer

Statute of Limitations

question

The definition of liability is:

answer

The legal responsibility of competent adults for their own acts

question

A nurse practitioner is also a manager in a small practice with three physicians. One of the medical assistants comes to her and says that another employee is falsifying her work hours. The nurse practitioner knows that the two employees don't get along. What would be the next step the nurse would take if following the problem-solving process?

answer

Collect the facts.

question

What is an example of a privileged communication?

answer

A patient tells her physician that she uses illegal drugs.

question

The Easy Collection Agency continues to call Susan at work to talk to her about her past due account at St. John's Hospital. The Easy Collection Agency is violating which law?

answer

Fair Debt Collection Practices Act

question

When entering into a contract, certain conditions must pertain to the offer. Which of the following accurately describes one of these conditions?

answer

It must be communicated

question

What is the purpose of formalized codes of ethics in the health care professions?

answer

To increase the competence within the profession

question

A certified medical assistant is constantly updating her knowledge and skills by attending in-services and seminars. This person is practicing which of the "4 Cs of medical malpractice prevention"?

answer

Competence

question

Unintentionally, a health care provider fails to exercise what is considered ordinary care. This is called _____________ and the provider may be sued by the patient

answer

Negligence

question

Practicing medicine without a license is an example of which of the following types of laws?

answer

Criminal Law

question

In Abraham Maslow's hierarchy of human needs, the need for basic life (food, shelter), a safe environment, and to belong and be loved are designated "D" needs. What does "D" stand for?

answer

Deficiency

question

Another term for legal responsibility is

answer

Liability

question

Just over 41 percent of respondents in a study done by Charles Vincent said that certain actions after a patient's injuries might have prevented litigation. Which of the following is the highest-rated action that might prevent litigation?

answer

An explanation and apology

question

Laws applying specifically to the practice of medicine in a certain state are called

answer

Medical Practice Acts

question

In health care practices, ethics and laws often interconnect with risk management measures. What accurately describes one of these concepts?

answer

Risk management involves choices to reduce potential liability

question

Assault is defined as:

answer

The open threat of bodily harm

question

Which of these credentials is mandatory for certain health professionals to practice in their field?

answer

Licensure

question

A new employee in a large medical practice is looking for the professional etiquette staff members are expected to follow. Which would be the best source for learning these rules?

answer

The office policy manual

question

What is not an example of a violation of patient confidentiality?

answer

A radiology technician discusses with the patient results of the x-rays.

question

A lab technician is speaking loudly about the reason a patient is having a blood test outside the patient's door. What principle of health care ethics has the tech violated?

answer

Confidentiality

question

Formed through the influences of family, culture, and society, these serve as the basis for ethical conduct:

answer

Moral values

question

What instrument of risk management is particularly beneficial for following coding and billing regulations for Medicare, Medicaid, and other government plans?

answer

Compliance plan

question

The plaintiff in a lawsuit is the:

answer

Party filing the civil charges

question

A provider breaches duty of care to a patient this element of negligence is defined as

answer

Dereliction

question

A valid out of state is accepted as the basis for issuing a license in a second state without reexamination

answer

Reciprocity

question

All of the following guidelines are in place to help health care practitioners stay within their scope of practice and operate within the law except:

answer

maintaining and disposing of regulated substances in compliance with government guidelines

question

According to the reasonable person standard as discussed in this chapter, in which of the following situations might a person be charged with negligence?

answer

A nurse fails to document her administration of a patient's medicine, and another nurse unknowingly administers a second dose, which constitutes an injurious overdose for the patient.

question

Which of the following is an example of a physician using risk management to reduce the likelihood of a malpractice lawsuit against his office

answer

Providing written job descriptions for employees

question

Which of the following is not a violation of patient confidentiality?

answer

While the patient is in the waiting room, a nurse tells a patient his diagnosis.

question

A misdemeanor is

answer

A less serious criminal act.

question

The first step in a critical thinking problem solving is to?

answer

Clarify the problem.

question

What is not sufficient grounds for revoking a medical license?

answer

Misdiagnosis.

question

Which list describes the elements of a contract?

answer

Agreement, consideration, legal subject matter, and contractual capacity.

question

An X-ray technician witnesses a nurse diagnosing a medical problem for a patient. Which of the seven principles of health care ethics has this nurse violated?

answer

Role Fidelity

question

A lab technician is speaking loudly about the reason a patient is having a blood test outside the patient's door. What principle of health care ethics has the tech violated?

answer

Confidentiality

question

A court of last resort is commonly known as

answer

Supreme court

question

All of the following guidelines are in place to help health care practitioners stay within their scope of practice and operate within the law except

answer

documenting care accurately for a fellow medical assistant

question

Which of the following theorists believed that human behavior is based on specific human needs that must often be met in a specific order?

answer

Abraham Maslow

question

A surgeon removes the wrong kidney from a patient. The patient can sue under which of the following legal doctrines?

answer

Res Ipsa Loquitur

question

Law may be defined as

answer

Rules of conduct.

question

The defendant in a lawsuit is the

answer

Party against who criminal or civil charges have been filed.

question

The plaintiff in a lawsuit is the

answer

Party filing the civil charges.

question

Those responsibilities not set by the United States Constitution are left to the states. Which of the following is an exclusive power of state governments?

answer

Issue licenses

question

If a patient is injured because a health care professional failed to exercise the care and expertise that under the circumstances could reasonably be expected of a professional with similar experience and training, then that professional may be liable for

answer

Negligence

question

Etiquette rules used in the workplace are called

answer

Protocol

question

Under the provisions in the Affordable Care Act, insurance companies must cover dependent children up to age ___.

answer

26

question

Laws enacted by state or federal legislatures are called

answer

common law statutes amendments bills

question

A physician working in an emergency room is obligated to treat all the patients who come through the door. This is an example of which of the following concepts?

answer

Duty of Care

question

From which of the following does an implied contract result

answer

The actions of the parties involved

question

The failure to act when one should is called

answer

Nonfeasance

question

Methods used to manage risk are considered a part of which of the following?

answer

Quality Assurance

question

A radiology technician approaches a new patient and states: "I am Jennifer and I will be taking care of you today." This is an example of which of the three "C's"?

answer

Courtesy.

question

A nurse practitioner is also a manager in a small practice with three physicians. One of the medical assistants comes to her and says that another employee is falsifying her work hours. The nurse practitioner knows that the two employees don't get along. What would be the next step the nurse would take if following the problem-solving process?

answer

Collect the facts.

question

Both parties in the physician-patient relationship have certain rights and responsibilities. Which of the following is a physician responsibility?

answer

Exercise his or her best professional judgment in all cases.

question

A patient is properly cared for by the nurse practitioner. Which of the following describes one of the elements that the nurse practitioner has successfully met?

answer

Duty

question

What do professional organizations create to govern their members?

answer

codes of ethics

question

A valid out-of-state license is accepted as the basis for issuing a license in a second state without reexamination. This is called:

answer

reciprocity

Legal Concept of Medical Practice – Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards