Question 1

Federal legislation that specifically addresses the release of protected health information is called _____.
A) COBRA
B) EMTALA
C) HIPAA
D) HITECH

Accepted Answer

HIPAA (Health Insurance Portability and Accountability Act) specifically addresses the release of protected health information and sets standards for privacy and security of personal health information. COBRA (Consolidated Omnibus Budget Reconciliation Act) is related to continuation of health coverage, EMTALA (Emergency Medical Treatment and Labor Act) relates to emergency care requirements, and HITECH (Health Information Technology for Economic and Clinical Health Act) relates to electronic health records and security breaches.

Question 2

An intentional tort may include a(n)_____.
A) assault
B) failure to warn
C) negligence
D) vicarious liability

Accepted Answer

An intentional tort is a deliberate act that causes harm or injury to another person. Assault is considered an intentional tort, as it involves intentionally causing fear or apprehension of harmful or offensive contact.

Answer: B) failure to warn
 Failure to warn is also considered an intentional tort, as it involves intentionally neglecting to provide warning or information to prevent harm to others, which results in injury or harm being caused.

Option C) Negligence is not an intentional tort, It is considered an unintentional tort, where the defendant is accused of failing to exercise reasonable care, resulting in harm or injury to the plaintiff.

Option D) Vicarious liability is not a type of tort. It refers to a situation where one person is held responsible for the actions of another, such as an employer held liable for the actions of their employee.

Question 3

The unauthorized acquisition,access,use or disclosure of protected health information,which compromises the privacy or security of such information is called _____.
A) breach of confidentiality
B) corporate negligence
C) failure to warn
D) intentional tort

Accepted Answer

Breach of confidentiality refers to the unauthorized acquisition, access, use, or disclosure of protected health information, which compromises the privacy or security of such information. Corporate negligence refers to the failure of a healthcare organization to provide a reasonable standard of care, which results in harm to a patient. Failure to warn refers to the failure of a healthcare provider to warn a patient of potential risks associated with a treatment or procedure. Intentional tort refers to intentional harm caused by an individual to another, such as assault or battery.

Question 4

A breach of duty owed directly to a patient by a hospital is best described as _____ negligence.
A) charitable
B) corporate
C) professional
D) vicarious

Accepted Answer

Corporate negligence refers to a situation where a hospital or healthcare organization itself is found to be directly at fault for a breach of duty owed to a patient, rather than through the actions of individual employees or professionals.

Question 5

Nominal damages are awarded to _____.
A) justify bringing a lawsuit
B) make the plaintiff whole
C) punish the defendant
D) vindicate the injured party

Accepted Answer

The answer of Nominal damages are awarded to _____.
A) justify...

Question 6

Under res ipsa loquitur the _____.
A) condition or injury was not the result of negligence and cannot result in a lawsuit
B) injury could have also occurred without the health care provider's involvement
C) patient could have contributed to his own injury,and a lawsuit is optional
D) provider had exclusive control over the instrument involved in the injury

Accepted Answer

Under res ipsa loquitur, the provider had exclusive control over the instrument involved in the injury. This means that the injury is assumed to be the result of the provider's negligence, as they had exclusive control over the instrument involved in the injury. Options A, B, and C are incorrect as they do not accurately reflect the definition of res ipsa loquitur.

Question 7

Malpractice refers to _____.
A) assault and battery
B) breach of duty
C) negligence
D) professional misconduct

Accepted Answer

Malpractice specifically refers to professional misconduct, which can include negligence but also involves other breaches of duty and ethical violations. Assault and battery refer to intentional harm, which is not necessarily the same as malpractice.

Question 8

Damages awarded to make the plaintiff whole are referred to as _____.
A) actual
B) exemplary
C) nominal
D) punitive

Accepted Answer

Actual damages are awarded to compensate the plaintiff for their actual losses or harm suffered as a result of the defendant's conduct. This is the most common type of damages awarded in civil lawsuits.

Question 9

The first step to establishing liability is that _____.
A) A relationship must be established between a healthcare provider and a patient
B) An error in the delivery of healthcare must be identified by the risk manager
C) The healthcare provider must be licensed by the state in which the injury occurs
D) The patient must have sustained an injury and received negligent care for it

Accepted Answer

Liability in healthcare requires the existence of a relationship between a healthcare provider and a patient. Without this relationship, there can be no liability. The other options listed may be relevant in determining liability, but establishing the relationship is the first step.

Question 10

Res ipsa loquitur is translated as _____.
A) let the patient beware
B) let the physician decide
C) the patient is always right
D) the thing speaks for itself

Accepted Answer

Res ipsa loquitur is a Latin phrase that translates to "the thing speaks for itself." It is a legal doctrine that allows a plaintiff to prove negligence on the defendant's part without providing direct evidence. The circumstances or results of the event are such that it speaks for itself and implies that negligence occurred. It is not related to patient-physician relationships, and therefore, options A and B are incorrect. Option C is incorrect as it does not relate to the legal doctrine.

Question 11

Expert testimony is used in a malpractice case to _____.
A) defend the provider of health care
B) determine if a claim should be filed
C) establish a breach in the standard of care
D) estimate the damages due the plaintiff

Accepted Answer

Expert testimony in a malpractice case is used to establish whether there was a breach in the standard of care, meaning whether the healthcare provider deviated from what would be considered the acceptable standard of care in a particular situation. The testimony may also help determine the extent of damages, but its main purpose is to determine liability. Therefore, options A, B, and D are incorrect.

Question 12

COBRA is the abbreviation for _____.
A) Consolidated Omnibus Budget Reconciliation Act
B) Consolidated Omnibus Burditt Reconciliation Act
C) Congressional Omnibus Budget Reconciliation Act
D) Congressional Operating Budget Reconciliation Act

Accepted Answer

COBRA stands for Consolidated Omnibus Budget Reconciliation Act.

Question 13

Vicarious liability applies when the _____.
A) health care facility becomes responsible for a nurse's negligent actions
B) patient suffers an injury for failing to keep surgical follow-up appointments
C) physician with privileges at a facility is named in a malpractice claim
D) vendor provides a defective implantable device that was used for surgery

Accepted Answer

Vicarious liability holds an employer or healthcare facility responsible for the actions of their employees or agents. Therefore, if a nurse working for a healthcare facility is found to have been negligent, the facility can be held vicariously liable for any resulting harm to a patient.

Question 14

The anti-dumping law is abbreviated as _____.
A) COBRA
B) EMTALA
C) HIPAA
D) TEFRA

Accepted Answer

The answer of The anti-dumping law is abbreviated as _____.
A)...

Question 15

Res ipsa loquitur is a type of _____ tort.
A) contractual
B) intentional
C) nonintentional
D) professional

Accepted Answer

Res ipsa loquitur is a doctrine used in nonintentional torts, such as negligence. It allows the fact-finder to infer negligence based on the circumstances of the case, without the need for direct evidence of the defendant's actions or intent.

Question 16

The physician-patient relationship is established when the patient _____.
A) is assigned a primary care physician by the third-party payer
B) negotiates the cost of health care services with a physician
C) presents to the physician for the purpose of receiving health care
D) requests health care and the physician agrees to render health care

Accepted Answer

The physician-patient relationship is established when the patient requests health care and the physician agrees to render health care. This agreement can be implied or expressed and can be established in person or even over the phone. The relationship is not established by the third-party payer (A) or through negotiations of the cost of services (B). The patient must present to the physician for care (C), but that alone doesn't establish the relationship.

Question 17

A hospital-patient relationship is established when a patient _____.
A) asks a physician to initiate a referral for elective surgery
B) calls for information regarding available healthcare services
C) presents either voluntarily for care or in an emergency situation
D) receives and processes the hospital's bill for services provided

Accepted Answer

The hospital-patient relationship is established when the patient presents themselves voluntarily for care or in an emergency situation. This is when the hospital becomes responsible for providing care to the patient and the patient has the right to receive a certain standard of care from the hospital. Options A, B, and D do not establish the hospital-patient relationship.

Question 18

Under the theory of failure to warn,the psychotherapist _____.
A) can warn an intended victim if the patient expresses the intent to do harm
B) has an ethical obligation only,not a legal one,which means a warning is optional
C) may not reveal a patient's intentions to harm a third party due to confidentiality issues
D) should alert the authorities only to the possibility that the patient may harm another

Accepted Answer

Under the theory of failure to warn, a psychotherapist can warn an intended victim if the patient expresses the intent to do harm. This obligation is both ethical and legal, and failure to warn in such cases could lead to liability for the psychotherapist. The duty to warn overrides the usual obligation to maintain patient confidentiality.

Question 19

Punitive damages may be awarded _____.
A) Above and beyond actual damages
B) In lieu of nominal damages
C) To make the plaintiff whole
D) Without proof of outrageous behavior

Accepted Answer

Punitive damages are awarded in addition to actual damages as a way to punish the defendant for their egregious behavior. They are meant to serve as a deterrent to others who may engage in similar conduct.

Question 20

Respondeat superior is associated with _____.
A) comparative negligence
B) corporate liability
C) professional negligence
D) vicarious liability

Accepted Answer

Respondeat superior refers to the legal doctrine that holds an employer liable for the actions of their employees while they are acting within the scope of their employment. This is also known as vicarious liability.

Quiz 4: Principles of Liability

Federal legislation that specifically addresses the release of protected health information is called _____.

An intentional tort may include a(n) _____.

The unauthorized acquisition,access,use or disclosure of protected health information,which compromises the privacy or security of such information is called _____.

A breach of duty owed directly to a patient by a hospital is best described as _____ negligence.

Nominal damages are awarded to _____.

Under res ipsa loquitur the _____.

Malpractice refers to _____.

Damages awarded to make the plaintiff whole are referred to as _____.

The first step to establishing liability is that _____.

Res ipsa loquitur is translated as _____.

Expert testimony is used in a malpractice case to _____.

COBRA is the abbreviation for _____.

Vicarious liability applies when the _____.

The anti-dumping law is abbreviated as _____.

Res ipsa loquitur is a type of _____ tort.

The physician-patient relationship is established when the patient _____.

A hospital-patient relationship is established when a patient _____.

Under the theory of failure to warn,the psychotherapist _____.

Punitive damages may be awarded _____.

Respondeat superior is associated with _____.