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MOA Ch 3
Term | Definition |
---|---|
Type of law that governs the relationships of individuals | Civil Law |
Laws established by the legislative branch of government | Statutory Law |
Laws established by the court | Common Law |
Legal concept establishing that evidence speaks for itself | Res ipsa loquitur |
A physician who fails to properly terminate a physician-patient relationship may be liable for _____ | Abandonment |
Name of party who initiates a legal action against another | Plaintiff |
Federal agencies are responsible for establishing and enforcing _____ | Administrative Law |
Health care professionals are required to perform in a manner that is consistent with the expectations of their profession. This is a legal concept known as _______ | Standards of care |
The Latin phrase "respondeat superior" means | A physician may be liable for the actions of his or her employees in the medical office |
If a physician terminates care of a patient, which of the following is incorrect | The patient is not required to pay his or her outstanding bill. |
Which of the following is not required to prove a physician's negligence | Patient paid physician for medical treatment |
Legal agreement between two people that creates an obligation | Contract |
Establishes a time period during which legal action must commence | Statute of Limitations |
What type of health information should not be released by a physician? | Parent requesting information about treatment of a minor for a sexually transmitted disease |
If an assistant is called to court as a witness the assistant should ______ | State "I don't know" if an answer to a question is not known |
Which of the following is not part of informed consent? | Patient is informed of costs of treatment |
Which of the following is not good risk management practice? | Ignore upset patients and give them a chance to cool down |
Which of the following is false about a license to practice medicine? | A physician involved in a malpractice suit is not allowed to practice |
All of the following are reasons that a physician may stop treating a patient except _________ | All of the above are reasons for termination |
Testimony given outside a courtroom | Deposition |
An advance directive specifying a patient's desired treatment if in a terminal irreversible condition | Living will |
An order for an individual to appear in court | Subpoena |
An advance directive giving authority to an individual to make medical decisions for an incapacitated patient | Durable power of attorney for health care |
An order to produce medical records for trial use | Subpoena duces tecum |
That act or service to be performed is lawful | Legal subject matter |
Individual is an adult of sound mind | Legal capacity |
One party agrees to do something, and another party also agrees | Offer and acceptance |
Something of value is exchanged | Consideration |
To give approval for medical treatment | Consent |
Patient is given full information about medical condition, alternative treatments, and associated risks, as well as potential benefits for each treatment | Informed consent |
This consent is evidenced by the patient's actions, that is, a patient opens her mouth when the physician asks her to do so | Implied consent |
The patient either verbally or in writing communicates the desire to have medical treatment | Expressed consent |
Risk management means reducing the possibility that a patient will sue the practice (T/F) | True |
Establishing a good relationship with patients helps to reduce the chance of litigation in the future (T/F) | True |
Everything an assistant says or does is believed to have been done at the direction of the physician (T/F) | True |
If a patient is upset about services received in the office, it is best to point out to the patient why the patient is wrong (T/F) | False |
If a patient is injured in the office, this should be reported to the physician immediately (T/F) | True |
If a patient is injured in the office, a report should be completed to document the incident (T/F) | True |
An assistant has little effect on whether a patient could potentially sue a medical practice (T/F) | False |
Any employee of a medical office can be sued (T/F) | True |
Keeping all medical information confidential is an important risk management practice of the medical office (T/F) | True |
A patient who is suing a physician for malpractice may be required to obtain the testimony of an expert physician who will support the plaintiff's allegations. (T/F) | True |
A malpractice suit against a physician may be brought at any time during the patient's life (T/F) | False |
The Uniform Anatomical Gift Act regulates gifts that a physician is allowed to receive from health industry corporations (T/F) | False |
A physician may be sued for malpractice if he or she fails to act (T/F) | True |
Punitive damages are awarded to compensate for lost wages (T/F) | False |
Some states may set limits on the amount of punitive damages that may be awarded (T/F) | True |
Both compensatory damages and exemplary damages may be awarded in a legal case (T/F) | True |
Information that a patient uses to make an informed decision about a health care treatment can be given to the patient by the physician over a period of time and is not necessarily a one-time event (T/F) | True |
A wife can be a witness to her husband's advance directive (T/F) | False |
A physician could be sued for doing nothing (T/F) | True |
A do-not-resuscitate order is a type of advance directive (T/F) | True |
According to the study presented in this chapter, most malpractice cases settle before going to trial, but most result in payments to plaintiffs (T/F) | False |
Failing to act is known as omission, and acting poorly or negligently is known as commission (T/F) | True |
The purpose of a state's medical practice act is to protect the public (T/F) | True |
All scheduled drugs require a written prescription from the physician (T/F) | True |
A paper shredder should be placed in a visible area so that patients can see that medical information is destroyed before it is thrown away (T/F) | False |
Health care employees usually are required to sign a confidentiality agreement with their employer (T/F) | True |
Volunteers at a health care facility should be required to sign a confidentiality agreement with the facility (T/F) | True |
A computer system in a medical office can track which parts of the system have been accessed by each use (T/F) | True |
To protect confidential information on a computer system, access can be restricted for users (T/F) | True |
There are no state laws protecting the confidentiality of patient's medical information (T/F) | False |
Oral consent of the patient is usually sufficient for release of his or her medical information (T/F) | False |
Uniform Anatomical Gift Act of 1968 -This act governs the donation of body parts (T/F) | True |
Uniform Anatomical Gift Act of 1968-An individual must donate all body parts to be an organ donor (T/F) | False |
Uniform Anatomical Gift Act of 1968-Relatives of a deceased individual may donate any or all of the body parts of the deceased (T/F) | True |
Uniform Anatomical Gift Act of 1968-Once an individual has made the decision to be an organ donor, the decision is permanent and may not be revoked (T/F) | False |
Uniform Anatomical Gift Act of 1968-A medical school, a hospital, or a specific individual in need may be the recipient of an organ donation (T/F) | True |
Uniform Anatomical Gift Act of 1968-Persons of all ages can be donors, but those younger than age 18 need parental permission (T/F) | True |
Uniform Anatomical Gift Act of 1968-When donation of body parts is considered, the age of a person is not important; the condition of the patient's organs or the presence of disease may affect the ability to donate (T/F) | True |
Uniform Anatomical Gift Act of 1968-Body tissues such as ligaments, corneas, or stem cells may be donated and stored (T/F) | True |
Uniform Anatomical Gift Act of 1968-Donations can be made by living or deceased patients (T/F) | True |
Controlled Substance Act (CSA) of 1970-This act governs the manufacture and distribution of potentially addictive substances (T/F) | True |
Controlled Substances Act (CSA) of 1970-Narcotics are regulated by the Controlled Substances Act (T/F) | True |
Controlled Substances Act (CSA) of 1970-Controlled substances under this act are classified on a scale of 1 to 10, with 10 being the most addictive (T/F) | False |
Controlled Substances Act (CSA) of 1970-Physicians must include their DEA number on a prescription when prescribing a controlled substance (T/F) | True |
Controlled Substances Act (CSA) of 1970-The possibility that someone could be addicted to a drug is a factor that may cause a drug to be a scheduled drug (T/F) | True |
Good Samaritan Statutes-Less than half of the 50 states have Good Samaritan statutes (T/F) | False |
Good Samaritan Statutes-Good Samaritans are free from all liability if they stop at the scene of an accident (T/F) | False |
Good Samaritan Statutes-Good Samaritan statutes protect all health care professionals who work in an emergency room (T/F) | False |
Good Samaritan Statutes-The purpose of Good Samaritan statutes is to protect health care professionals from liability when they stop at an accident scene to render aid (T/F) | True |
Advance Directives-A living will covers more possible health care situations than does a durable power of attorney for health care (T/F) | False |
Advance Directives-More or less, advance directives communicate a patient's wishes for health care treatment before a serious medical situation may arise (T/F) | True |
Advance Directives-Advance directives help inform a patient's family members of the patient's desire for medical treatment (T/F) | True |
Advance Directives-Every patient in a medical office must have an advance directive (T/F) | False |
Advance Directives-A living will communicates a patient's wishes for life-sustaining treatment such as tube feeding or ventilator use (T/F) | True |
Advance Directives-Once a patient is comatose, a living will is null and void (T/F) | False |
Advance Directives-Copies of a patient's living will or durable power of attorney for health care should be placed in the patient's chart (T/F) | True |
Advance Directives-A patient's relative can be a witness to the patient's advance directive (T/F) | False |
Health Insurance Portability Act (HIPAA) of 1996-HIPAA allows physicians to have complete control over the release of a patient's medical information (T/F) | False |
Health Insurance Portability Act (HIPAA) of 1996-Knowingly releasing private medical information in an improper manner is a criminal offense (T/F) | True |
Health Insurance Portability Act (HIPAA) of 1996-A patient may obtain a copy of his or her medical record (T/F) | True |
Health Insurance Portability Act (HIPAA) of 1996-When hiring an individual, an employer may access the individual's entire medical record (T/F) | False |
Health Insurance Portability Act (HIPAA) of 1996-Civil and criminal penalties may be given to persons who violate HIPAA regulations (T/F) | True |
Emergency Medical Treatment and Labor Act (EMTALA) of 1986-EMTALA requires that hospitals receiving Medicare funding are required to provide medical screening examination for emergency patients (T/F) | True |
Emergency Medical Treatment and Labor Act (EMTALA) of 1986-Emergency medical screening examination must be performed regardless of a patient's ability to pay. (T/F) | True |
Written rules established by society that everyone is obligated to follow; is continually updated. | Laws |