AAPL Landmark - Questions on ADA and Disability Rights Flashcards
According to Olmstead v. Zimring, every state-hospitalized patient is entitled to timely community care once stable. “Timely was defined as”
A) WIthin 1 year
B) The Court did not give guidance on the amount of time
C) At a reasonable pace
D. Within 10 years
E. All deliberate speed
C) At a reasonable pace
Olmstead v. Zimring
A physician working with any health care third-party payer should:
A) understand and be prepared to appeal benefit claim denials if it is determined such denial could harm that patient.
B) Understand that the physician may still be liable for adverse treatment decisions
C) Understand that there is a continued duty to treat the patient despite adverse benefit determinations by a third-party payer
D) All of the above.
D) All of the above.
In the United States, a plaintiff can recover damages for the negligent infliction of emotional distress based on:
A) the impact rule
B) the zone of danger
C) Reasonable foreseeability
D) Standards that vary from state to state
E) Direct observation
D) Standards that vary from state to state.
Each state has its own standards regarding a plaintiff’s standing to sue for the negligent infliction of emotional distress.
Which of the following is true about the role of sexual desire in cases of discrimination on the basis of sex?
A) Sexual desire is a necessary element in determining the presence of discrimination.
B) The victim’s perception of the harasser’s desire is necessary
C) The conduct need not be motivated by sexual desire
D) Both the victim and the abuser must experience sexual desire.
C) The conduct need not be motivated by sexual desire
Oncale v. Sundowner Offshore
A sexual relationship between a physician and a patient may be covered by malpractice insurance because:
A) It is a side effect of psychotherapy
B. It is an occupational hazard for the psychotherapist
C) It is considered substandard clinical care.
D) It is against the AMA ethical guidelines
E) It is against the APA ethical guidelines.
C) It is considered substandard clinical care.
Malpractice is based on whether the care was substandard to acceptable community standards
Roy v. Hartogs
In Hargrave v. Vermont, Vermont Act 114, which allowed the state to override a DPOA for a civilly committed individual, was found to violate Title II of the ADA because:
A) The length of time that the individual had to be committed before the state could seek a court hearing for medication over objection was too short.
B) Vermont Act 114 did not require a court order for medication over objection and thereby did not grant civilly committed individuals due process.
C) There was no commensurate act allowing a person with physical illness to have his or her durable power of attorney overruled.
D) Vermont Act 114 did not take into account emergency situations where medication over objection was needed to ensure the safety of people in the hospital.
C) There was no commensurate act allowing a person with physical illness to have his or her durable power of attorney overruled.
How does an employee’s response to sexual advances bear on a finding of sexual harassment?
A) If she voluntarily participates, then she was not harassed
B) The response is not considered, only whether the advances were “unwelcomed.”
C) An employee’s repeated participation indicates it was acceptable.
D) Acquiescence to sexual advances must be tied to an understanding that participation will result in advancement.
E) All sexual contact between employees and supervisors qualifies as harassment.
B) The response is not considered, only whether the advances were “unwelcomed.”
Meritor Savings Bank v. Vinson
The standards laid out regarding recovery for emotional harm in the case of Thing v. La Chusa (1989) state that the plaintiff must:
A) Be a close relative, have witnessed the event, and have suffered emotional distress.
B) Have been in a position where he or she was at risk of harm but not necessarily have suffered a physical impact.
C) have been a direct victim rather than a bystander
D) have been partially responsible for the event himself or herself
E) Have been a close relative of the defendant, mentally reconstructed the accident, and felt shock
A) Be a close relative, have witnessed the event, and have suffered emotional distress.
“Reasonable foreseeability,” as a policy regarding claims of negligent infliction of emotional damages, refers to:
A) Whether the victim could have reasonably predicted the possibility of an accident and therefore avoided it.
B) Whether a plaintiff could have reasonably seen a way to avoid the accident and therefore shares liability due to contributory negligence.
C) Whether a defendant could have reasonably expected a negligent act to cause the resultant outcome and, therefore, has a duty to the plaintiff
D) Whether a judge could reasonably anticipate the outcome of a case, therefore resulting in a summary judgment
E) Whether a lawyer could have reasonably calculated the amount of damages to be awarded and, therefore, set his fee appropriately.
C) Whether a defendant could have reasonably expected a negligent act to cause the resultant outcome and, therefore, has a duty to the plaintiff
Dillon v. Legg.
According to Mazza v. Medical Muntual Insurance Company of North Carolina, punitive damages can be pursued from insurance companies for acts that are considered:
A) Intentional
B) Reckless
C) Wanton
D) Medical negligence
E) All of the above
E) All of the above
What year was the Americans with Disabilities Act signed into law?
1990
James Carter, an employee of General Motors, sought workers’ compensation benefits because:
A) His hand was crushed by the machinery he operated on the assembly line.
B) He witnessed someone get crushed by a forklift and could no longer come to work without experiencing disturbing flashbacks
C) He had a psychotic illness, and the symptoms were unremitting, thus making it impossible for him to return to work.
D) The work Mr. Carter was asked to perform caused him emotional stress that led to psychosis.
D) The work Mr. Carter was asked to perform caused him emotional stress that led to psychosis.
You are the defendant in a case regarding a tort claim for emotional harm as a result of your alleged negligence. If you lose, what penalties could you face?
A) The death penalty
B) Imprisonment
C) Corporal punishment
D) Monetary penalties
E) There is no penalty for emotional harm.
D) Monetary penalties
A “hostile environment” violates Title VII of the Civil Rights Act of 1968 when it:
A) Results in injury to the employee’s physical health
B) Results in injury to the employee’s psychological health
C) Alters the conditions of employment regardless of injury
D) Enables the employer to exhibit frank hostility
C) Alters the conditions of employment regardless of injury
Why did the USSC overturn the appellate court decision that favored Ms. Williams in her suit against Toyota?
A) Wrist injuries are never serious enough to warrant protection under the ADA
B) The ADA does not protect against employment discrimination
C) Ms. Williams’s impairment did not interfere with a “major life activity.”
D) Ms. Williams was found to be malingering
E) Ms. Williams had a fictitious disorder.
C) Ms. Williams’s impairment did not interfere with a “major life activity.”
