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MOA Ch 3

TermDefinition
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
Created by: AbiNoel