3. Legal Issues in Healthcare

Which of the following best describes the difference between civil and criminal law in healthcare?

• Civil law deals with disputes between individuals, while criminal law involves offenses against the state.

• Criminal law deals with disputes between individuals, while civil law involves offenses against the state.

• Both civil and criminal law only apply to healthcare professionals.

• Civil law is only about torts, while criminal law is only about contracts.

Which of the following is NOT one of the basic elements of negligence in healthcare?

• Intent to harm

• Duty

• Breach of duty

• Direct cause and damage

Which law is designed to protect individuals with disabilities from discrimination in healthcare settings?

• Americans with Disabilities Act (ADA)

• Good Samaritan Law (GSL)

• Uniform Anatomical Gift Act (UAGA)

• Patient Self-Determination Act (PSDA)

Which of the following is an example of false imprisonment in a healthcare setting?

• Restraining a patient without a valid reason or consent

• Reporting a patient’s condition to the authorities

• Refusing to provide treatment to a patient

• Administering medication as prescribed

Which of the following is an example of an intentional tort?

• Assault

• Negligence

• Strict liability

• Comparative negligence

What is the main purpose of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)?

• To keep a patient’s health information confidential and secure

• To regulate medical malpractice lawsuits

• To define strict liability in healthcare

• To establish comparative negligence rules

Which of the following best defines negligence in healthcare?

• Legal cause of action resulting from a failure to exercise the care that a reasonable person would exercise in like, same or similar circumstances

• Intentionally causing harm to another person

• Liability regardless of fault

• Hiding the truth for unlawful gains

Which of the following is NOT a type of tort?

• Comparative negligence

• Intentional torts

• Negligence

• Strict liability

How does comparative negligence differ from contributory negligence?

• Comparative negligence involves both parties and divides compensation based on percentage of fault, while contributory negligence involves the plaintiff’s own negligence leading to the injury

• Comparative negligence only applies to criminal cases, while contributory negligence applies to civil cases

• Comparative negligence is a type of intentional tort, while contributory negligence is not

• Comparative negligence is not recognized in healthcare law

What is the definition of a standard of care in healthcare?

• What would have another professional done under similar situation or circumstances

• The minimum wage a healthcare worker should receive

• The maximum number of patients a provider can see in a day

• The legal process for reporting malpractice