Question 1

A physician reports a case of acquired immunodeficiency syndrome (AIDS) to the state. This is ____.

Accepted Answer

Reporting cases of certain communicable diseases, including AIDS, to public health authorities is a legal requirement for healthcare providers. This action is considered part of their public duty to help control the spread of infectious diseases.

Question 2

Which of the following is demonstrated when a patient's leg healed incorrectly because of the way the cast had been applied?

Accepted Answer

The incorrect healing of the patient's leg directly results from the way the cast had been applied, making it a direct cause.

Question 3

An employee who is considered to be acting on the physician's behalf while performing professional tasks is ____.

Accepted Answer

Respondeat superior is a legal doctrine that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency. This concept applies to the scenario described, where an employee performing professional tasks on behalf of a physician would be considered under this doctrine.

Question 4

The legal term res ipsa loquitur refers to cases in which the ____.

Accepted Answer

Res ipsa loquitur is a legal doctrine used in tort law that allows an inference of negligence to be drawn from the very nature of an accident or injury, under the principle that certain events may not ordinarily happen without negligence. It is often applied in cases where the mistake or negligence is so apparent that it can be assumed without the need for detailed evidence, such as when a surgical instrument is left inside a patient.

Question 5

A ____ is a rule of conduct established and enforced by an authority or governing body, such as the federal government.

Accepted Answer

A law is a rule of conduct that is established and enforced by an authority or governing body, such as the federal government. Laws are created to regulate behavior and ensure order within a society.

Question 6

A licensed practitioner is said to have been ____ if a patient proves that the practitioner failed to comply with the standards of the profession.

Accepted Answer

The term "derelict" refers to a failure to fulfill one's obligations or duties, which in this context means failing to comply with professional standards.

Question 7

To use the form of treatment believed to be best for the patient, to refrain from harmful actions, and to keep a patient's private information confidential are part of ____.

Accepted Answer

The answer of To use the form of treatment believed...

Question 8

Which of the following is the appropriate way for the medical assistant working in a physician's office to leave a message for patients at their place of employment?

Accepted Answer

The answer of Which of the following is the appropriate...

Question 9

A process in which the opposing sides choose a person outside the court system, with special knowledge in the field, to hear and decide a dispute is a(n) ____.

Accepted Answer

Arbitration is a process where disputing parties select a neutral third party to hear and decide their dispute, often as an alternative to litigation. It is commonly used because it can be faster, cheaper, and less formal than going through the courts.

Question 10

A civil wrong committed against a person or property that causes physical injury or damage to someone's property or that deprives someone of his or her personal liberty and freedom is called a(n) ____.

Accepted Answer

A tort is a civil wrong that causes someone to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. It can include acts that cause physical injury, damage to property, or deprivation of personal liberty.

Question 11

Malpractice lawsuits are part of ____ law.

Accepted Answer

Malpractice lawsuits fall under civil law, which deals with disputes between individuals or organizations, including cases of negligence or breach of duty.

Question 12

A healthcare professional who stops care without providing an equally qualified substitute can be charged with ____.

Accepted Answer

Abandonment in the healthcare context refers to a healthcare professional's act of terminating the doctor-patient relationship without reasonable notice or without providing a competent replacement, thereby leaving the patient without necessary medical care.

Question 13

A court order to produce documents is ____.

Accepted Answer

A subpoena duces tecum is a court order requiring a person to produce documents.

Question 14

An unlawful act or misconduct is ____.

Accepted Answer

Malfeasance refers to the performance of an act that is illegal or wrongful. It specifically denotes an act that is inherently unlawful or done with an evil intent.

Question 15

It was discovered in the recovery room that the surgeon removed the left lung of a lung cancer patient scheduled to have the right lung removed. This is an example of which of the following?

Accepted Answer

Res ipsa loquitur is a legal doctrine that applies when the nature of an accident is such that it would not have occurred without negligence. In this case, removing the wrong lung clearly suggests negligence, as such a mistake ordinarily would not happen without a failure in following proper medical procedures or protocols.

Question 16

____ refers to failure to perform an act that is one's required duty or that is required by law.

Accepted Answer

Nonfeasance refers to the failure to perform an act that is one's required duty or that is required by law.

Question 17

A surgical incision is reopened after a patient starts to show signs of internal bleeding. It is discovered that the surgeon did not complete closure of all severed capillaries at the operative site. This is an example of ____.

Accepted Answer

This scenario is an example of malpractice because it involves a failure to perform professional duties competently, as the surgeon did not properly close all severed capillaries, leading to complications for the patient.

Question 18

A written court order addressed to a specific person, requiring that person's presence in court at a specific time, is a(n) ____.

Accepted Answer

A subpoena is a legal document that orders an individual to appear in court at a specified time. It is often used to compel witnesses to testify in a trial or to produce documents relevant to a legal proceeding.

Question 19

The appropriate way for a physician to terminate the care of a patient is to ____.

Accepted Answer

Sending a patient a certified letter is the appropriate way for a physician to terminate the care of a patient. This method ensures that the patient receives the notice and provides documentation that the notice was sent and received, which is important for legal and ethical reasons.

Question 20

What is the document called in which a patient names someone to make decisions regarding medical care in the event he or she is unable to do so?

Accepted Answer

A durable power of attorney for healthcare is a legal document that names someone (a proxy) to make medical decisions on behalf of the patient if they are unable to do so themselves.

Quiz 5: Legal and Ethical Issues