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MEDICAL LAW & ETHICS MIDTERM REVIEW

Total questions: 135

Worksheet time: 1hrs 9mins

Name
Class
Date
1.

This branch of government interprets statutory law.

a)

Legislative

b)

Executive

c)

Judicial

d)

Municipal

2.

The individual who brings a case to court is the:

a)

defendant

b)

prosecuting attorney

c)

plaintiff

d)

defending attorney

3.

Legislative, Exculpatory, and Judicial are the three branches of government.

a)

True

b)

False

4.

Standard of Care is the type and level of care that any health care professional should avoid.

a)

True

b)

False

5.

Federal Disctric Court consists of 94 judicial districts organized into 12 regional circuits.

a)

True

b)

False

6.

Medical law consists of responsibilities of the ___________ and rights of the ____________.

a)

patient, health care practitioner

b)

people, hospital

c)

government, public

d)

health care provider, patient

7.

The United States Supreme Court hears multitudes of cases each year.

a)

True

b)

False

8.

The supreme law of the land is:

a)

state constitutions.

b)

municipal laws.

c)

district court decisions.

d)

the Constitution of the United States.

9.

Which branch of government developed the source of law that implemented the Medicare and Medicaid amendments to the Social Security Act of 1965?

a)

Legislative

b)

Judicial

c)

Executive

d)

Municipal

10.

Which is true about a malpractice case?

a)

The cause of the damages does not have to be specific.

b)

The person who caused the damages does not have the duty to care for the patient.

c)

There must be proof of a breach of standard of care.

d)

No damages can be present.

11.

This develops from decisions made previously by courts, or precedents, and is binding at all lower courts. 

a)

None of the above

b)

Common law

c)

Criminal law

d)

Medical law

12.

OSHA was created by which branch of government?

a)

Executive

b)

Judicial

c)

Legislative

d)

Municipal

13.

Senate and the House of Representatives are under the Legislative branch of government.

a)

True

b)

False

14.

Which statements about the checks and balances system is untrue?

a)

The legislature can develop statutes and veto the executive branch.

b)

The executive branch has veto power and can propose legislation.

c)

The judicial branch interprets laws.

d)

The legislature proposes laws.

15.

Which entity has the power to regulate health care through its capacity to protect the healthsafetyand welfare of its citizens?

a)

City government

b)

County government

c)

State government

d)

Federal government

16.

When a court has jurisdiction over property or a thing itself, rather than over the people involved, the type of jurisdiction is called:

a)

appellate jurisdiction

b)

in rem jurisdiction

c)

ad /item jurisdiction

d)

in personam jurisdiction

17.

Essentially, risk management is the focus on prevention of issues, while quality assurance evaluates satisfaction.

a)

True

b)

False

18.

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.

a)

True

b)

False

19.

The right of patients to refuse treatment, even if it is in their best interest, is an example of:

a)

Nonmaleficence

b)

Integrity of the health professional

c)

Identification of the problem

d)

Respect for autonomy

20.

A Standard of Care is based on what another medical professional would deem to be appropriate in similar circumstances.

a)

True

b)

False

21.

Virtue-based ethics theory does not take consequences into account, and operates on the assumption that everyone's virtues and actions are the same. 

a)

True

b)

False

22.

In utilitarianism:

a)

The ends justify the means.

b)

Decisions are made based on the greatest good for the greatest number.

c)

Does not always consider the method or process, but instead the general final outcome

d)

All of the above.

23.

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.

a)

True

b)

False

24.

Ethical questions can seem subjective because:

a)

All individuals have a conscience.

b)

All individuals are capable of self-actualization.

c)

Individuals may have different perspectives on circumstances.

d)

The law does not always specify right and wrong behaviors.

25.

Justice-based Ethics theorizes that some individuals should have a greater advantage over another when it comes to donated organ distribution.

a)

True

b)

False

26.

All unethical acts are illegal and subject to punishment by law.

a)

True

b)

False

27.

The idea of fairly distributing healthcare involves the principle of:

a)

Integrity of the health professional

b)

Beneficence

c)

Justice

d)

Nonmaleficence

28.

The bioethical principle that healthcare workers should always "do no harm" is the principle of:

a)

Justice

b)

Beneficence

c)

Nonmaleficence

d)

Respect for autonomy

29.

The AAMA (American Association of Medical Assistants) and other large healthcare organizations have developed their own codes of ethics.

a)

True

b)

False

30.

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.

a)

True

b)

False

31.

The ethical policies applied to organizations are called:

a)

Value statements.

b)

Applied ethics.

c)

Corrective actions.

d)

Codes of conduct.

32.

Morals are:

a)

Suggestions on how to behave.

b)

Guidelines for deciding the right course of action in a moral dilemma.

c)

Standards of right and wrong.

d)

Laws enacted by a nation.

33.

A principle stating that a surgeon must review and get written consent for surgical procedures is an example of a:

a)

Standard of practice.

b)

Medical practice act.

c)

Hippocratic Oath.

d)

Code of conduct.

34.

In Rights-based Ethics, the consequences to the general population are always taken into consideration.

a)

True

b)

False

35.

The first of the seven steps in approaching a bioethical dilemma is:

a)

List the possible courses of action.

b)

Determine the laws or values involved.

c)

Gather the facts of the situation.

d)

Gather the opposing parties.

36.

Bioethicists study:

a)

The conflict between socialized medicine and private care.

b)

The conflict between physicians as legislation advances.

c)

The conflict between science and religion.

d)

The conflict between different values as medicine advances.

37.

All unethical acts are illegal.

a)

True

b)

False

38.

Also called a tort, civil wrong causes harm to a person or a person's property.

a)

True

b)

False

39.

During stem cell research, scientists find ways to manipulate existing genes to identify specific diseases.

a)

True

b)

False

40.

An ethical dilemma of artificial insemination can be:

a)

the female may have too many babies as a result.

b)

full consent was not obtained by a partner for implantation.

c)

the female may be too old.

d)

the couple may break up.

41.

The reason some patients choose voluntary sterilization procedures is only when they do not want to reproduce.

a)

True

b)

False

42.

When abortion was illegal, some women were desperate for this service and subjected themselves to illegal, unsterile, and dangerous procedures to end unwanted pregnancies.

a)

True

b)

False

43.

The following key question is raised in debates about voluntary abortion.

a)

Should parents be told about a minor requesting an abortion?

b)

Should the father of the child have to approve the abortion?

c)

How old must a patient be to receive a voluntary abortion?

d)

When does human life begin?

44.

Medical research is important because it can provide valuable information about diseases and risk factors, outcomes of treatment, and healthcare costs and use.

a)

True

b)

False

45.

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:

a)

in vitro fertilization.

b)

artificial insemination.

c)

using a surrogate.

d)

sterilization.

46.

The United Network for Organ Sharing waiting list rules and regulations are the same for every organ.

a)

True

b)

False

47.

Implanting male sperm into a female vagina to aid in conception is called:

a)

using a surrogate.

b)

in vitro fertilization.

c)

sterilization.

d)

artificial insemination.

48.

A surrogate mother must always use her own ovum.

a)

True

b)

False

49.

This branch of government proposes legislation and enforces laws.

a)

Legislative

b)

Executive

c)

Judicial

d)

Municipal

50.

Employees with high Emotional Intelligence work well on teams and are more flexible in dealing with change

a)

True

b)

False

51.

Bioethics is defined as the field of study examining the ethical dilemmas surrounding:

a)

advances in bioscience.

b)

advances in diagnostic treatment procedures.

c)

ethical issues surrounding medical research.

d)

all of the above.

52.

Why is stem cell research so important?

a)

Because they can only divide a limited number of times.

b)

Because they are easily accessible.

c)

Because they can be grown from embryos and other tissues, pinpointing those that either promote or eradicate serious diseases or conditions.

d)

Because of the source of these cells.

53.

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:

a)

The Nuremberg Study

b)

The Tuskegee Study

c)

The Human Genome Project

d)

The Permissible Medical Experiment

54.

A conflict of interest occurs when self-interest affects an individual's professional obligations to one's patients, organization, and/or profession.

a)

True

b)

False

55.

Due process is the procedure or actions followed to safeguard an employee if he or she feels his or her rights are in jeopardy.

a)

True

b)

False

56.

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.

a)

True

b)

False

57.

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.

a)

True

b)

False

58.

A blind study is when:

a)

researchers give random test agents to the subject.

b)

the subject does not know whether he is getting the trial drug or a placebo.

c)

the subject is given the trial drug at random times.

d)

researchers do not tell the subject what is being studied.

59.

A male opts to undergo a vasectomy. This is considered:

a)

voluntary sterilization.

b)

involuntary sterilization.

c)

contraception

d)

abortion

60.

The conscience clause permits healthcare professionals to refuse providing certain medical services for reasons of personal beliefs, such as religious.

a)

True

b)

False

61.

The top courts of states are State Supreme Courts.

a)

True

b)

False

62.

The best precaution an employer can make is to have a zero-tolerance policy against workplace violence.

a)

True

b)

False

63.

In eugenics, reproduction by people with “undesirable” qualities is encouraged.

a)

True

b)

False

64.

Some ADA guidelines for reasonable accommodations include all of the following except:

a)

Exam tables being wheelchair accessible.

b)

Communication training for staff and providers

c)

Braille signage.

d)

Billing discounts

e)

Mobility aids for safe transfer.

65.

Professionalism is easily defined as one quality or skill.

a)

True

b)

False

66.

According to Workers' Compensation guidelines, a workplace injury can be reported anytime after the incident occurs. 

a)

True

b)

False

67.

An employee handbook should outline all of the following, except:

a)

advancement and raises.

b)

hiring and termination.

c)

coworker responsibilities.

d)

employee conduct.

68.

Workers’ Compensation is a voluntary insurance program that covers medical costs and wage replacement for employees who are terminated from their job.

a)

True

b)

False

69.

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.

a)

True

b)

False

70.

Which of the following ia a law that protects patients from inaccurate information on their credit reports?

a)

The Fair Credit Reporting Act

b)

The Fair Credit Billing Act

c)

The Fair Debt Collection Practices Act

d)

The Fair Credit Information Act

71.

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.

a)

True

b)

False

72.

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.

a)

True

b)

False

73.

What would be illegal to ask in an interview?

a)

The candidate’s work history

b)

Why the candidate left their previous job

c)

The candidate's age

d)

The candidate’s references

74.

 An employee handbook is necessary and designed for protecting employees only.

a)

True

b)

False

75.

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.

a)

True

b)

False

76.

In order to constitute as sexual harassment, the victim must be of the opposite sex.

a)

True

b)

False

77.

High levels of ______ are essential in the medical field.

a)

dependability

b)

honesty

c)

professionalism

d)

integrity

78.

In a qui tam case, the plaintiff is never entitled to a percentage of the recovered money.

a)

True

b)

False

79.

At-will employment means:

a)

the employee may perform duties not listed on the job description.

b)

the employee must be warned before being fired.

c)

employer and/or employee may discontinue employment at any time.

d)

the employer may change the employee’s position at-will.

80.

OSHA regulates:

a)

discrimination in hiring.

b)

physician licensing.

c)

safety in the workplace.

d)

privacy for patients.

81.

A form of sex discrimination called Sexual Harassment, is a violation of which Act?

a)

Equal Employment Opportunity Compliance Act

b)

Workplace Safety Act

c)

False Claims Act

d)

Civil Rights Act

82.

If a medical provider receives rewards from a drug manufacturer to prescribe their drug, it is considered:

a)

abuse of privilege

b)

kickbacks

c)

a violation of the Stark laws

d)

all of the above

e)

none of the above

83.

The Drug Enforcement Agency (DEA) is the federal agency that authorizes and implements the CLIA laws.

a)

True

b)

False

84.

Which of the following is NOT part of the Patient's Bill of Rights? (check all that apply)

a)

The right to respectful care.

b)

The right to know the identity of everyone involved in their care.

c)

The right to be satisfied with their care.

d)

The right to privacy.

e)

The right to refuse payment.

85.

Some of the largest False Claims Act violations involve prescription drugs.

a)

True

b)

False

86.

Consequences to health care employees for illegal and unethical acts vary depending on the severity of the act or lack of action.

a)

True

b)

False

87.

Res judicata is the law that forbids suing a subsequent time for the same damages once a case has already been resolved.

a)

True

b)

False

88.

The U.S. Department of Health and Human Services (HHS) is responsible for providing guidelines on creation and implementation of a compliance plan.

a)

True

b)

False

89.

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.

a)

True

b)

False

90.

Which of the following is NOT a protection offered by the Patient's Bill of Rights under the Affordable Care Act?

a)

Lifetime coverage for young adults

b)

Coverage for patients with preexisting conditions

c)

Removal of insurance barriers for emergency services

d)

Preventive care coverage at no cost to the patient

91.

If a healthcare professional oversteps his or her scope of practice, which can occur? (Check all that apply)

a)

Loss of license

b)

License suspension

c)

Mandatory jail time

d)

Monetary Fine

92.

Which of the following is a duty of a compliance officer? (check all that apply)

a)

Ensuring violations are appropriately addressed.

b)

Enforcing compliance law.

c)

Providing policy and procedure training.

d)

Ensuring the same standards apply to all employees.

e)

Investigating fraud.

93.

A compliance plan is used to:

a)

inform the employee of the results of not reporting one of their coworkers for any wrongdoing.

b)

let the employee know the rules of his or her employer.

c)

explain

d)

inform the employee of potential measures to be taken when company policies are violated.

94.

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.

a)

True

b)

False

95.

Healthcare fraud is a criminal offense.

a)

True

b)

False

96.

What is an example of disciplinary action for a minor infraction?

a)

Large fine

b)

Corrective action plan

c)

Suspension

d)

Termination

97.

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.

a)

True

b)

False

98.

What are workplace standards? (click all that apply)

a)

Definitions of the expectations of the employee

b)

Rules of the workplace for all positions

c)

Laws set forth by local governments

d)

Standards set by CLIA

e)

Duties and/or responsibilities of certain positions

99.

Latin term meaning that the employer is responsible for employees' performed actions within the course of their employment.

a)

Quid pro quo

b)

Res judicata

c)

Respondeat superior

d)

Res ipsa loquitur

100.

Health care professionals are not liable if they harm a patient because of Respondeat superior.

a)

True

b)

False

101.

What are the four elements needed in a negligence case?

a)

Denial, direct cause, liability, damages

b)

Duty, direct cause, liability, damages

c)

Duty, dereliction of duty, direct cause, damages

d)

Consent, dereliction of duty, direct cause, damages

102.

During which surgeries would it be reasonable for a physician to remove the organ mentioned without specific consent?

a)

The physician removes a uterus that is full of fibroid tumors

b)

The physician removes an ovary that contains several cysts instead of removing the cysts alone

c)

The physician finds an unexpected blood clot and removes it during heart surgery

d)

The physician notices a sebaceous cyst when removing suspicious moles from the surface of the skin and removes the cyst at the same time

103.

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.

a)

True

b)

False

104.

In this type of defense, accurate medical record documentation plays the largest part of the defense.

a)

Good Samaritan

b)

Emergency care

c)

Assumption of risk

d)

Affirmative

105.

In which situation would sexual activity with a patient be acceptable?

a)

The physician has clearly stated his or her intentions with the patient.

b)

The patient agrees to sign a release form.

c)

Sexual activity is never acceptable with patients.

d)

The physician and patient are both consenting adults.

106.

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.

a)

True

b)

False

107.

Who's job is to monitor staff, prevent incidents, and minimize damages after an event?

a)

Registered nurse

b)

Physician assistant

c)

Risk management supervisor

d)

Hospital administrator

108.

What is the term for failure to use or not use the same care as used by a reasonably prudent person?

a)

Negligence

b)

Battery

c)

Malpractice

d)

Abuse

109.

Damages for economic and noneconomic losses are called:

a)

punitive

b)

compensatory

c)

nominal

d)

optimal

110.

Awards based on an intentional or wrongful act that was performed are compensatory damages. 

a)

True

b)

False

111.

What term is used to describe the amount of time a plaintiff has after an injury to file a lawsuit?

a)

Respondeat superior

b)

Release of tortfeasor

c)

Discovery rule

d)

Statute of limitations

112.

In arbitration, an impartial person, called an “arbitrator,” helps the parties try to reach a mutually acceptable resolution of the dispute.

a)

True

b)

False

113.

Alternative dispute resolutions are usually less formal, less expensive, and less time consuming than a trial.

a)

True

b)

False

114.

Which of the following must be true in order to establish negligence under res ipsa loquitur (choose all that apply)

a)

The injury typically occurs in the absence of negligence

b)

Documentation is clear and presented without error

c)

The healthcare provider has superior knowledge or means of obtaining evidence about the cause of the injury

d)

Evidence regarding the actual negligent act and cause of injury is unobtainable

e)

The healthcare provider was responsible for the patient's welfare at the time of the injury

115.

Which is NOT a way to resolve conflicts using alternative dispute resolution?

a)

Negotiation

b)

Compensation

c)

Mediation

d)

Arbitration

116.

In the legal concept of res ipsa loquitur, the injury clearly would not and could not have occurred without negligence present.

a)

True

b)

False

117.

To help prevent malpractice, a healthcare provider should:

a)

with permission from a superior, work outside their job description.

b)

make promises of relief for a patient.

c)

work within their scope of practice.

d)

treat patients as if they are friends.

118.

In mediation, the mediator will decide the dispute for all parties involved. 

a)

True

b)

False

119.

Which of the following students might be guilty of ordinary negligence?

a)

The student draws blood from the patient for lab tests to be performed that day, though no one told her directly to do so.

b)

The student explains a procedure to a patient using a patient information sheet as a prompt.

c)

The student eats an orange while talking with a patient in the reception area.

d)

The student moves a patient in a wheelchair at a high speed and does not use wheel brakes during stops.

120.

A healthcare provider or hospital cannot prevent a competent patient from refusing treatment or leaving the facility.

a)

True

b)

False

121.

Consent is implied:

a)

when the patient’s life is threatened if the procedure is not performed.

b)

when the physician acts in the patient’s best interest.

c)

when the physician finds other concerns during the course of surgery.

d)

during all of these situations.

122.

An example of medical battery is:

a)

a physician is placing a cast on a patient, and the physician slips and falls and injures the patient in the process

b)

violating a patient’s confidentiality

c)

a surgeon removes the wrong organ during a surgery

d)

the patient asks you to remove a catheter and you do so

123.

Raising a hand to strike a patient, even if the patient was not touched, can be considered:

a)

assault

b)

libel

c)

battery

d)

intent

124.

HIPAA is the acronym for the Health Insurance Portability and Accountability Act of 1996.

a)

True

b)

False

125.

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.

a)

True

b)

False

126.

Quasi-intentional torts are based on speech.

a)

True

b)

False

127.

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.

a)

True

b)

False

128.

The statement, “the information is true, but it is information that a person wants to keep private,” likely pertains to:

a)

false imprisonment

b)

slander

c)

invasion of privacy

d)

breach of confidentiality

129.

Which is not a quasi-intentional tort?

a)

Breach of confidentiality

b)

Trespass to land

c)

Libel

d)

Slander

130.

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

a)

True

b)

False

131.

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:

a)

battery

b)

an ethical dilemma

c)

implied consent

d)

assault

132.

Placing a person in immediate fear or apprehension of harmful touching without his or her consent is:

a)

negligence

b)

battery

c)

assault

d)

consent

133.

Tresspassing is unlawful intrusion that interferes with one's person, property, or land.

a)

True

b)

False

134.

Which would not be considered a tort?

a)

Theft of narcotics

b)

Trespass

c)

False imprisonment

d)

Medical malpractice

135.

Which of the following is NOT an intentional tort (check all that apply)

a)

assault

b)

trespass

c)

battery

d)

libel

e)

slander