Font size
WorksheetsMEDICAL LAW & ETHICS MIDTERM REVIEW
Total questions: 135
Worksheet time: 1hrs 9mins
This branch of government interprets statutory law.
Legislative
Executive
Judicial
Municipal
The individual who brings a case to court is the:
defendant
prosecuting attorney
plaintiff
defending attorney
Legislative, Exculpatory, and Judicial are the three branches of government.
True
False
Standard of Care is the type and level of care that any health care professional should avoid.
True
False
Federal Disctric Court consists of 94 judicial districts organized into 12 regional circuits.
True
False
Medical law consists of responsibilities of the ___________ and rights of the ____________.
patient, health care practitioner
people, hospital
government, public
health care provider, patient
The United States Supreme Court hears multitudes of cases each year.
True
False
The supreme law of the land is:
state constitutions.
municipal laws.
district court decisions.
the Constitution of the United States.
Which branch of government developed the source of law that implemented the Medicare and Medicaid amendments to the Social Security Act of 1965?
Legislative
Judicial
Executive
Municipal
Which is true about a malpractice case?
The cause of the damages does not have to be specific.
The person who caused the damages does not have the duty to care for the patient.
There must be proof of a breach of standard of care.
No damages can be present.
This develops from decisions made previously by courts, or precedents, and is binding at all lower courts.
None of the above
Common law
Criminal law
Medical law
OSHA was created by which branch of government?
Executive
Judicial
Legislative
Municipal
Senate and the House of Representatives are under the Legislative branch of government.
True
False
Which statements about the checks and balances system is untrue?
The legislature can develop statutes and veto the executive branch.
The executive branch has veto power and can propose legislation.
The judicial branch interprets laws.
The legislature proposes laws.
Which entity has the power to regulate health care through its capacity to protect the health, safety, and welfare of its citizens?
City government
County government
State government
Federal government
When a court has jurisdiction over property or a thing itself, rather than over the people involved, the type of jurisdiction is called:
appellate jurisdiction
in rem jurisdiction
ad /item jurisdiction
in personam jurisdiction
Essentially, risk management is the focus on prevention of issues, while quality assurance evaluates satisfaction.
True
False
Ethics is concerned with questions of how individuals in a society should act by defining right and wrong and appropriate conduct to serve the greater good.
True
False
The right of patients to refuse treatment, even if it is in their best interest, is an example of:
Nonmaleficence
Integrity of the health professional
Identification of the problem
Respect for autonomy
A Standard of Care is based on what another medical professional would deem to be appropriate in similar circumstances.
True
False
Virtue-based ethics theory does not take consequences into account, and operates on the assumption that everyone's virtues and actions are the same.
True
False
In utilitarianism:
The ends justify the means.
Decisions are made based on the greatest good for the greatest number.
Does not always consider the method or process, but instead the general final outcome
All of the above.
Ethics is concerned with questions of how individuals in a society should act by defining right and wrong and appropriate conduct to serve the greater good.
True
False
Ethical questions can seem subjective because:
All individuals have a conscience.
All individuals are capable of self-actualization.
Individuals may have different perspectives on circumstances.
The law does not always specify right and wrong behaviors.
Justice-based Ethics theorizes that some individuals should have a greater advantage over another when it comes to donated organ distribution.
True
False
All unethical acts are illegal and subject to punishment by law.
True
False
The idea of fairly distributing healthcare involves the principle of:
Integrity of the health professional
Beneficence
Justice
Nonmaleficence
The bioethical principle that healthcare workers should always "do no harm" is the principle of:
Justice
Beneficence
Nonmaleficence
Respect for autonomy
The AAMA (American Association of Medical Assistants) and other large healthcare organizations have developed their own codes of ethics.
True
False
Seeing and speaking with patents themselves helps ethics committees make ethical determinations on issues or cases presented to them on the basis of logic and the codes and standards.
True
False
The ethical policies applied to organizations are called:
Value statements.
Applied ethics.
Corrective actions.
Codes of conduct.
Morals are:
Suggestions on how to behave.
Guidelines for deciding the right course of action in a moral dilemma.
Standards of right and wrong.
Laws enacted by a nation.
A principle stating that a surgeon must review and get written consent for surgical procedures is an example of a:
Standard of practice.
Medical practice act.
Hippocratic Oath.
Code of conduct.
In Rights-based Ethics, the consequences to the general population are always taken into consideration.
True
False
The first of the seven steps in approaching a bioethical dilemma is:
List the possible courses of action.
Determine the laws or values involved.
Gather the facts of the situation.
Gather the opposing parties.
Bioethicists study:
The conflict between socialized medicine and private care.
The conflict between physicians as legislation advances.
The conflict between science and religion.
The conflict between different values as medicine advances.
All unethical acts are illegal.
True
False
Also called a tort, civil wrong causes harm to a person or a person's property.
True
False
During stem cell research, scientists find ways to manipulate existing genes to identify specific diseases.
True
False
An ethical dilemma of artificial insemination can be:
the female may have too many babies as a result.
full consent was not obtained by a partner for implantation.
the female may be too old.
the couple may break up.
The reason some patients choose voluntary sterilization procedures is only when they do not want to reproduce.
True
False
When abortion was illegal, some women were desperate for this service and subjected themselves to illegal, unsterile, and dangerous procedures to end unwanted pregnancies.
True
False
The following key question is raised in debates about voluntary abortion.
Should parents be told about a minor requesting an abortion?
Should the father of the child have to approve the abortion?
How old must a patient be to receive a voluntary abortion?
When does human life begin?
Medical research is important because it can provide valuable information about diseases and risk factors, outcomes of treatment, and healthcare costs and use.
True
False
When a female's ova are harvested and combined with a partner’s sperm cells, then grown outside of the womb and later implanted into the uterus, it is called:
in vitro fertilization.
artificial insemination.
using a surrogate.
sterilization.
The United Network for Organ Sharing waiting list rules and regulations are the same for every organ.
True
False
Implanting male sperm into a female vagina to aid in conception is called:
using a surrogate.
in vitro fertilization.
sterilization.
artificial insemination.
A surrogate mother must always use her own ovum.
True
False
This branch of government proposes legislation and enforces laws.
Legislative
Executive
Judicial
Municipal
Employees with high Emotional Intelligence work well on teams and are more flexible in dealing with change
True
False
Bioethics is defined as the field of study examining the ethical dilemmas surrounding:
advances in bioscience.
advances in diagnostic treatment procedures.
ethical issues surrounding medical research.
all of the above.
Why is stem cell research so important?
Because they can only divide a limited number of times.
Because they are easily accessible.
Because they can be grown from embryos and other tissues, pinpointing those that either promote or eradicate serious diseases or conditions.
Because of the source of these cells.
This clinical study involved recruiting more than 600 impoverished African American sharecroppers - some of whom were unknowingly infected with an STD - under the guise of receiving free medical services, and were intentionally left untreated despite an effective drug being available:
The Nuremberg Study
The Tuskegee Study
The Human Genome Project
The Permissible Medical Experiment
A conflict of interest occurs when self-interest affects an individual's professional obligations to one's patients, organization, and/or profession.
True
False
Due process is the procedure or actions followed to safeguard an employee if he or she feels his or her rights are in jeopardy.
True
False
The use of living donors in organ in organ transplantation may violate the tenet "first do no harm" because the donor risks death or loss of their own health.
True
False
In the United States, federally funded sterilization programs took place in 33 states throughout the 20th century, with more than 65,000 individuals being forcibly sterilized - most of them members of ethnic minorities.
True
False
A blind study is when:
researchers give random test agents to the subject.
the subject does not know whether he is getting the trial drug or a placebo.
the subject is given the trial drug at random times.
researchers do not tell the subject what is being studied.
A male opts to undergo a vasectomy. This is considered:
voluntary sterilization.
involuntary sterilization.
contraception
abortion
The conscience clause permits healthcare professionals to refuse providing certain medical services for reasons of personal beliefs, such as religious.
True
False
The top courts of states are State Supreme Courts.
True
False
The best precaution an employer can make is to have a zero-tolerance policy against workplace violence.
True
False
In eugenics, reproduction by people with “undesirable” qualities is encouraged.
True
False
Some ADA guidelines for reasonable accommodations include all of the following except:
Exam tables being wheelchair accessible.
Communication training for staff and providers
Braille signage.
Billing discounts
Mobility aids for safe transfer.
Professionalism is easily defined as one quality or skill.
True
False
According to Workers' Compensation guidelines, a workplace injury can be reported anytime after the incident occurs.
True
False
An employee handbook should outline all of the following, except:
advancement and raises.
hiring and termination.
coworker responsibilities.
employee conduct.
Workers’ Compensation is a voluntary insurance program that covers medical costs and wage replacement for employees who are terminated from their job.
True
False
Federal law requiring employers with 50 or more employees to allow eligible employees to take unpaid leave to help care for a family member's illness or to stay at home after the birth or adoption of a child is the Family Medical Leave Act.
True
False
Which of the following ia a law that protects patients from inaccurate information on their credit reports?
The Fair Credit Reporting Act
The Fair Credit Billing Act
The Fair Debt Collection Practices Act
The Fair Credit Information Act
Part of Obamacare, or Affordable Care Act, states that an individual cannot be discriminated against or denied health services or health coverage based on sex, including pregnancy, gender identification, and sex stereotyping.
True
False
In most of the United States, it is illegal for an employer to fire or not hire an employee based on their having filed a claim for workers’ compensation.
True
False
What would be illegal to ask in an interview?
The candidate’s work history
Why the candidate left their previous job
The candidate's age
The candidate’s references
An employee handbook is necessary and designed for protecting employees only.
True
False
Though a bill that reflects a patient's out-of-pocket responsibility will be collected at the time of service, physicians in some specialties, such as radiology and anesthesiology, do not see patients in an office setting and are unable to collect at the time of service.
True
False
In order to constitute as sexual harassment, the victim must be of the opposite sex.
True
False
High levels of ______ are essential in the medical field.
dependability
honesty
professionalism
integrity
In a qui tam case, the plaintiff is never entitled to a percentage of the recovered money.
True
False
At-will employment means:
the employee may perform duties not listed on the job description.
the employee must be warned before being fired.
employer and/or employee may discontinue employment at any time.
the employer may change the employee’s position at-will.
OSHA regulates:
discrimination in hiring.
physician licensing.
safety in the workplace.
privacy for patients.
A form of sex discrimination called Sexual Harassment, is a violation of which Act?
Equal Employment Opportunity Compliance Act
Workplace Safety Act
False Claims Act
Civil Rights Act
If a medical provider receives rewards from a drug manufacturer to prescribe their drug, it is considered:
abuse of privilege
kickbacks
a violation of the Stark laws
all of the above
none of the above
The Drug Enforcement Agency (DEA) is the federal agency that authorizes and implements the CLIA laws.
True
False
Which of the following is NOT part of the Patient's Bill of Rights? (check all that apply)
The right to respectful care.
The right to know the identity of everyone involved in their care.
The right to be satisfied with their care.
The right to privacy.
The right to refuse payment.
Some of the largest False Claims Act violations involve prescription drugs.
True
False
Consequences to health care employees for illegal and unethical acts vary depending on the severity of the act or lack of action.
True
False
Res judicata is the law that forbids suing a subsequent time for the same damages once a case has already been resolved.
True
False
The U.S. Department of Health and Human Services (HHS) is responsible for providing guidelines on creation and implementation of a compliance plan.
True
False
The Office of the Inspector General is the only agency that helps to provide quality control and monitor safety, ethics, and legal patency of healthcare organizations.
True
False
Which of the following is NOT a protection offered by the Patient's Bill of Rights under the Affordable Care Act?
Lifetime coverage for young adults
Coverage for patients with preexisting conditions
Removal of insurance barriers for emergency services
Preventive care coverage at no cost to the patient
If a healthcare professional oversteps his or her scope of practice, which can occur? (Check all that apply)
Loss of license
License suspension
Mandatory jail time
Monetary Fine
Which of the following is a duty of a compliance officer? (check all that apply)
Ensuring violations are appropriately addressed.
Enforcing compliance law.
Providing policy and procedure training.
Ensuring the same standards apply to all employees.
Investigating fraud.
A compliance plan is used to:
inform the employee of the results of not reporting one of their coworkers for any wrongdoing.
let the employee know the rules of his or her employer.
explain
inform the employee of potential measures to be taken when company policies are violated.
Coding and billing personnel can also be subject to fines and imprisonment if they take part in a fraudulent activity, even if they were only following the physician's or employer's direction.
True
False
Healthcare fraud is a criminal offense.
True
False
What is an example of disciplinary action for a minor infraction?
Large fine
Corrective action plan
Suspension
Termination
The Office of the Inspector General (OIG) offers guidelines on how to create and implement a compliance program for individual and small group physician practices only.
True
False
What are workplace standards? (click all that apply)
Definitions of the expectations of the employee
Rules of the workplace for all positions
Laws set forth by local governments
Standards set by CLIA
Duties and/or responsibilities of certain positions
Latin term meaning that the employer is responsible for employees' performed actions within the course of their employment.
Quid pro quo
Res judicata
Respondeat superior
Res ipsa loquitur
Health care professionals are not liable if they harm a patient because of Respondeat superior.
True
False
What are the four elements needed in a negligence case?
Denial, direct cause, liability, damages
Duty, direct cause, liability, damages
Duty, dereliction of duty, direct cause, damages
Consent, dereliction of duty, direct cause, damages
During which surgeries would it be reasonable for a physician to remove the organ mentioned without specific consent?
The physician removes a uterus that is full of fibroid tumors
The physician removes an ovary that contains several cysts instead of removing the cysts alone
The physician finds an unexpected blood clot and removes it during heart surgery
The physician notices a sebaceous cyst when removing suspicious moles from the surface of the skin and removes the cyst at the same time
A denial defense can be used only in cases where all aspects of the complaint are false, or all elements of negligence have not been established.
True
False
In this type of defense, accurate medical record documentation plays the largest part of the defense.
Good Samaritan
Emergency care
Assumption of risk
Affirmative
In which situation would sexual activity with a patient be acceptable?
The physician has clearly stated his or her intentions with the patient.
The patient agrees to sign a release form.
Sexual activity is never acceptable with patients.
The physician and patient are both consenting adults.
An example of explicit intent is a patient rolling up their sleeve after a Medical Assistant asks them to do so for a phlebotomy procedure or injection.
True
False
Who's job is to monitor staff, prevent incidents, and minimize damages after an event?
Registered nurse
Physician assistant
Risk management supervisor
Hospital administrator
What is the term for failure to use or not use the same care as used by a reasonably prudent person?
Negligence
Battery
Malpractice
Abuse
Damages for economic and noneconomic losses are called:
punitive
compensatory
nominal
optimal
Awards based on an intentional or wrongful act that was performed are compensatory damages.
True
False
What term is used to describe the amount of time a plaintiff has after an injury to file a lawsuit?
Respondeat superior
Release of tortfeasor
Discovery rule
Statute of limitations
In arbitration, an impartial person, called an “arbitrator,” helps the parties try to reach a mutually acceptable resolution of the dispute.
True
False
Alternative dispute resolutions are usually less formal, less expensive, and less time consuming than a trial.
True
False
Which of the following must be true in order to establish negligence under res ipsa loquitur (choose all that apply)
The injury typically occurs in the absence of negligence
Documentation is clear and presented without error
The healthcare provider has superior knowledge or means of obtaining evidence about the cause of the injury
Evidence regarding the actual negligent act and cause of injury is unobtainable
The healthcare provider was responsible for the patient's welfare at the time of the injury
Which is NOT a way to resolve conflicts using alternative dispute resolution?
Negotiation
Compensation
Mediation
Arbitration
In the legal concept of res ipsa loquitur, the injury clearly would not and could not have occurred without negligence present.
True
False
To help prevent malpractice, a healthcare provider should:
with permission from a superior, work outside their job description.
make promises of relief for a patient.
work within their scope of practice.
treat patients as if they are friends.
In mediation, the mediator will decide the dispute for all parties involved.
True
False
Which of the following students might be guilty of ordinary negligence?
The student draws blood from the patient for lab tests to be performed that day, though no one told her directly to do so.
The student explains a procedure to a patient using a patient information sheet as a prompt.
The student eats an orange while talking with a patient in the reception area.
The student moves a patient in a wheelchair at a high speed and does not use wheel brakes during stops.
A healthcare provider or hospital cannot prevent a competent patient from refusing treatment or leaving the facility.
True
False
Consent is implied:
when the patient’s life is threatened if the procedure is not performed.
when the physician acts in the patient’s best interest.
when the physician finds other concerns during the course of surgery.
during all of these situations.
An example of medical battery is:
a physician is placing a cast on a patient, and the physician slips and falls and injures the patient in the process
violating a patient’s confidentiality
a surgeon removes the wrong organ during a surgery
the patient asks you to remove a catheter and you do so
Raising a hand to strike a patient, even if the patient was not touched, can be considered:
assault
libel
battery
intent
HIPAA is the acronym for the Health Insurance Portability and Accountability Act of 1996.
True
False
In order to determine intent, it is not necessary to establish that the accused individual had a desire to cause harm or injury to a person.
True
False
Quasi-intentional torts are based on speech.
True
False
A tort is a voluntary act that causes damage to a person's emotional well-being or privacy, but lacks the intent to cause distress or injury.
True
False
The statement, “the information is true, but it is information that a person wants to keep private,” likely pertains to:
false imprisonment
slander
invasion of privacy
breach of confidentiality
Which is not a quasi-intentional tort?
Breach of confidentiality
Trespass to land
Libel
Slander
Any purposeful false communication, in either written or spoken form, that harms a person's reputation; decreases respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person is known as defamation
True
False
A healthcare professional who believes that an unconscious patient should receive a certain treatment but knows that the patient’s religious beliefs prohibit such treatment faces:
battery
an ethical dilemma
implied consent
assault
Placing a person in immediate fear or apprehension of harmful touching without his or her consent is:
negligence
battery
assault
consent
Tresspassing is unlawful intrusion that interferes with one's person, property, or land.
True
False
Which would not be considered a tort?
Theft of narcotics
Trespass
False imprisonment
Medical malpractice
Which of the following is NOT an intentional tort (check all that apply)
assault
trespass
battery
libel
slander
