ch3

Question 1

A physician notifies a patient that, effective immediately, she (the physician) never wants to see him (the patient) again because he has failed to follow her recommendations. The physician is potentially liable for which of the following?

Answer 1

Abandonment

Question 2

A contract between a physician and the patient can be terminated when _________

Answer 2

~the physician and patient mutually consent to termination
~ the physician withdraws from the contract
~ the patient is cured or dies
All of these are correct.

Question 3

As a general rule, a physician is free to refuse treatment to any person who _______________

Answer 3

has never been his/her patient

Question 4

Battery is __________.

Answer 4

an unconsented touching

Question 5

A physician’s unfulfilled promise to cure a patient may lead to the following types of liability?

Answer 5

Breach of warranty

Question 6

Generally, ________ is an employee’s exclusive legal remedy for a workplace injury or illness.

Answer 6

workers’ compensation

Question 7

The deadline by which a lawsuit must be filed, depending on the type of claim is known as ___________.

Answer 7

the statute of limitations

Question 8

An individual who has the power and duty to act for another under circumstances that require trust and good faith is known as _________.

Answer 8

a fiduciary

Question 9

If a patient proves a physician falsely represented a fact and the patient relied on that fact, the physician may be liable for _________.

Answer 9

misrepresentation

Question 10

For a doctor-patient relationship to exist, the physician must have ____________ with the patient.

Answer 10

inferred contract

Question 11

A physician publishes “before and after” photographs of a cosmetic surgery patient without the patient’s consent. The patient’s identity can be discerned from the photographs. The physician is potentially liable for _________.

Answer 11

invasion of privacy

Question 12

The doctor-patient and hospital-patient relationships are based on principles of ___________.

Answer 12

contract

Question 13

An ________ contract is one that has been reduced to words.

Answer 13

Express

Question 14

Pursuing a case against a physician on a breach of contract theory is sometimes easier than on a standard negligence claim because

Answer 14

the plaintiff does not have to prove a standard of care.

Question 15

Which of the following describes elements of all valid contracts?

Answer 15

Competent parties, a meeting of the minds, and consideration

Question 16

Which of the following is “consideration” for a contract?

Answer 16

~To refrain from doing something you otherwise would be able to do.
~ To do something you otherwise would not be required to do.
Both of these are correct.

Question 17

Which of the following torts is most likely to be alleged in a lawsuit involving commitment of a patient to a psychiatric facility?

Answer 17

False imprisonment