Law & Ethics Ch 6

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

• telemedicine

• occurrence assessment

• comparative negligence

• assumption of risk

• quality assurance

A physician joins a group practice and is applying at the local hospital for admission privileges, also known as credentialing. Which of the following is the final step in verifying the physician's credentials?

• A peer review committee completes the process.

• The National Practitioner Data Bank checks sanctions and malpractice history.

• Provider presents copies of requested credentials.

• Listed sources are checked.

• Findings are presented to a peer review committee.

Which of the following is not a form of an affirmative defense to a professional liability suit?

• denial

• contributory negligence

• assumption of risk

• emergency

• comparative negligence

Developing an open line of communication can help the office with malpractice lawsuits. What is not a recommendation to improve communication?

• Use a live person to answer phone calls.

• Develop good listening skills and nonverbal communication.

• Avoid statements that could be construed as an admission of fault.

• Set aside time to answer and return phone calls and emails.

• Thoroughly explain illnesses and treatment options.

A physician assistant (PA) accused of medical malpractice claims that the charge does not meet all of the elements of the theory of recovery. Which of the following defenses is being used by the PA?

• technical negligence

• contributory negligence

• assumption of risk

• comparative negligence

• denial

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

• quality improvement

• quality assurance

• compliance plan

• quality management

• credentialing

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 following "4 Cs of medical malpractice prevention" does this statement refer?

• caring

• competence

• control

• charting

• communication

If the patient knew the ____________ before treatment, the defendant may use assumption of risk as a defense in a law suit.

• inherent risk

• cause and effect of care

• diagnosis

• prognosis

• statute of limitations

Using the process of comparative negligence, a judge determines that the patient contributed 35% to the injury and the physician contributed 65%. Which of the following is the outcome of the case?

• The patient's damage award would be reduced by 35%.

• No damages would be awarded.

• The patient would be given 35% of the damage award.

• The patient's damage award would be 50% since the percentage is under 50%.

• The patient would be awarded full damages since the percentage is under 50%.

A medical malpractice lawsuit has been decided under the doctrine of res judicata. What does this Latin term mean?

• The tortfeasor has been released.

• The buyer should beware.

• The statute of limitations is up.

• The thing has been decided.

• The thing speaks for itself.