Chapter 5 and 6

Question 1

5. Liable

Answer 1

Legally responsible or obligated

Question 2

5Standard of care

Answer 2

The level of performance expected of a health care practioner in carrying out his or her professinal duties

Question 3

5Duty of care

Answer 3

The legal obligation of health care workers to patients and sometimes non patients

Question 4

5Reasonable person standard

Answer 4

That standard of behavior that judges a persons actions in a situation according to what a reasonable person would or would not do under similar circumstances.

Question 5

5Confidentiality

Answer 5

The act of holding information in confidence, not to be released to unauthorized individuals

Question 6

5Privilages communication

Answer 6

Information held confidential within a protected relationhsip

Question 7

5Malfeasance

Answer 7

The performance of a totally wrongful and unlawful act

Question 8

5Misfeasance

Answer 8

The performance of a lawful act in an illegal or impproper manner

Question 9

5Nonfeasane

Answer 9

The failure to act when one should

Question 10

5res ipsa loquitur

Answer 10

The thing speaks for itself: also know as the doctrine of common knowledge. A situation that is so obviously negligent that no expert witness need be called

Question 11

5Damages

Answer 11

Monetary awards sought by plaintiffs in lawsuits

Question 12

5Wrongful death statutes

Answer 12

States statue that allow a person beneficiaries to collect for loss to the estate of the deceased for future earnings when a death is judged to have been due to negligence

Question 13

5Summons

Answer 13

A written notification issued by the clerk of the court and delivered with a copy of the complaint to the defendant in a law sui, directing him or her to respond to the charges brought in a court of law

Question 14

5Subpoena

Answer 14

A legal document requiring the recipient to appear as a witness in court or to give a deposition

Question 15

5Deposition

Answer 15

Sworn te the testimony given and recorded outside the courtroom during the pretrial phase of a case

Question 16

5Interrogatorry

Answer 16

A written set of questions requiring written answers from a plaintiff or defendant under oath

Question 17

5Subpoena duces tecum

Answer 17

A legal document requiring the recipient to bring certain written records to court to be used as evidence in a lawsuit

Question 18

5Testimony

Answer 18

Sratements sworn to under oath by withnesses testifying in court and giving depositions

Question 19

5Alternative dispute resolution ADR

Answer 19

Settlement of civil disputes between parties using neutral mediators or arbitrators with out going to court

Question 20

A physician who owns a physician’s office is legally responsible for her employees. What is the term for this responsibility?

Answer 20

Liable

Question 21

As employers, physicians have general liability for many aspects of their business. Which of the following does not fall under the responsibility of the employer?

Answer 21

Employee safety going to and from the work place-

Question 22

In a hospital setting a certain standard of care is expected of health care practitioners. Which of the following best describes this concept?

Answer 22

An expected level of performance-

Question 23

A physician working in an emergency room is obligated to treat all the patients who come through the door. This is an example of which of the following concepts?

Answer 23

Duty of care

Question 24

A physician treating patients in a long-term care facility determines that a patient has a communicable disease that could cause an outbreak in the facility. The physician works with the administrator of the facility and the public health department to protect other residents and employees from exposure to the disease. Under some state laws, this physician is obligated to protect nonpatients in accordance with which of the following standards?

Answer 24

Duty of care-

Question 25

A health care worker is responsible for his or her actions or failure to act. Which of the following best describes this responsibility to prevent negligence from occurring?

Answer 25

Reasonable person standard-

Question 26

In a court of law, it was decided that a patient was injured when a nurse failed to act according to the reasonable person standard. This nurse is guilty of which of the following torts?

Answer 26

Negligence

Question 27

A physician is a specialist in obstetrics. Which of the following is true regarding the standard of care expected of this physician?

Answer 27

The physician will be held to the same standard of care as other obstetricians.-

Question 28

A physician has an informal consultation with another physician in his office. Which of the following opinions have the courts generally held in cases of negligence related to the information discussed in informal consultations?

Answer 28

They do not establish a doctor-patient relationship.-

Question 29

A nurse recording data in a patient’s medical record maintains confidentiality at all times. Which of the following describes this practice?

Answer 29

Not releasing patient information to unauthorized individuals-

Question 30

Which of the following is an example of privileged communication

Answer 30

A patient tells his physician that he is addicted to pain killers.-

Question 31

In many states, revocation of a physician’s license may occur due to which of the following acts?

Answer 31

Breach of confidence-

Question 32

Since health care procedures and facilities present numerous opportunities for a breach of confidentiality, health care practitioners must make every effort to safeguard each patient’s privacy. Which of the following is a recommended guideline for protecting a patient’s privacy?

Answer 32

When on the telephone with a patient, do not use his or her name if others may hear.-

Question 33

In which of the following situations may patient confidentiality be waived?

Answer 33

When a third party requests a medical examination of a person for employment-

Question 34

Which of the following is the basis for professional malpractice claims and the most common liability in medicine?

Answer 34

Negligence-

Question 35

A nurse dispenses a painkiller to a patient without the physician’s order for the medication. This is an example of which of the following torts?

Answer 35

Malfeasance-

Question 36

Which of the following is an example of misfeasance?

Answer 36

A nurse is changing a patient’s IV line, but does not wash her hands prior to procedure.-

Question 37

A physician who is treating a patient who has pancreatic cancer provides competent care for his patient, thereby preventing a charge of negligence. Which of the following four Ds of negligence refers to this responsibility to properly care for a patient?

Answer 37

Duty

Question 38

A surgeon removes the wrong limb from a patient. Which of the following four Ds of negligence refers to the current condition of the patient?

Answer 38

Damages-

Question 39

There are four elements (4 Ds) that must be present in a given situation to prove that a health care professional is guilty of negligence. Which of the following is not one of the “four Ds of negligence?”

Answer 39

Defense-

Question 40

A health care provider breaches the duty of care to a patient. This element of negligence is defined as:

Answer 40

dereliction.-

Question 41

A patient sues a physician for malpractice. Upon whom is the burden of proof for the charge of negligence?

Answer 41

The plaintiff-

Question 42

In some states medical review panels must screen claims before they are brought to court. Which of the following are usually members of these panels?

Answer 42

Physicians with expertise in the medical specialty in question-

Question 43

The Joint Commission addresses accurately identifying patients and improving communication among caregivers by making sure all accredited health care organizations implement which of the following requirements?

Answer 43

Use a process for taking verbal or telephone orders or critical test results that requires a verification read-back by the person receiving the information.-

Question 44

The Joint Commission addresses improving the safety of infusion pumps, improving the effectiveness of clinical alarm systems, and reducing the risk of health-care acquired infections. Which of the following is a recommended guideline to accomplish these goals?

Answer 44

Manage as sentinel events all identified cases of unanticipated death or major permanent loss of function associated with a health care-acquired infection-

Question 45

A surgeon removes a patient’s kidney and later finds out that she removed the wrong kidney. This patient can sue under which of the following doctrines?

Answer 45

Res ipsa loquitur-

Question 46

A patient files for negligence under the doctrine res ipsa loquitur. What is the English meaning of this Latin wording?

Answer 46

The thing speaks for itself”-

Question 47

Which of the following is a stated condition for res ipsa loquitur to apply to a lawsuit?

Answer 47

It must be apparent there would be no injury had reasonable care been used-

Question 48

Which of the following examples of negligence would fall under the doctrine of res ipsa loquitur?

Answer 48

A patient suffers an infection caused by the use of unsterilized instruments.-

Question 49

A patient was harmed when the oxygen tank she was using exploded. When filing a lawsuit what type of damages might this patient be awarded?

Answer 49

Consequential-

Question 50

In an informal proceeding of arbitration, each side presents evidence and witnesses. In the alternative dispute resolution method called med-arb, who resolves the dispute if the two parties are unable to reach agreement after mediation?

Answer 50

The mediator

Question 51

When no written contract exists, who chooses an arbitrator to resolve disputes?

Answer 51

The two involved parties select an arbitrator and the two arbitrators select a third

Question 52

Some states require mediation and/or arbitration for certain civil cases, while in other states alternative dispute resolution methods are voluntary. Under the terms of a written contract, who chooses an arbitrator?

Answer 52

The court

Question 53

Alternative dispute resolution has become increasingly popular over the years. What is the reason for this increase in ADR?

Answer 53

Overcrowding of court calendars

Question 54

Instead of going to court, two disputing parties agree to a neutral third party listening to both sides of the argument and helping resolve the dispute. What is the term for this type of dispute resolution?

Answer 54

Mediation

Question 55

A nurse is testifying as a fact witness in a malpractice lawsuit. Which of the following is a recommended guideline for this process?

Answer 55

Answer all questions straightforward, even if answers appear to help opposing side.

Question 56

A physician is testifying as a fact witness in trial of a coworker. Which of the following is the best example of properly worded testimony?

Answer 56

As I recall, that is all that occurred in the operating room”

Question 57

Which of the following are recommended guidelines for a health care practitioner who is summoned to appear in court?

Answer 57

Answer the questions asked, no more and no less.

Question 58

A nurse who observed a surgeon commit negligence due to improper surgical technique, states only what she observed when giving testimony. What type of testimony is this witness giving?

Answer 58

Fact

Question 59

An attorney for the defendant makes an objection to a question the plaintiff’s attorney asks the witness. Which of the following occurs when this happens?

Answer 59

The objection may be sustained and the witness should not answer the question.

Question 60

A health care practitioner is asked to give testimony in an attorney’s conference room in a pretrial proceeding. What is the term for this method of obtaining testimony?

Answer 60

Discovery deposition

Question 61

A set of written questions requiring written answers are given to a plaintiff while under oath. What is the term for this practice?

Answer 61

Interrogatory

Question 62

Which of the following is an example of a pre-trial motion?

Answer 62

A defendant may request a change of venue.

Question 63

The judge in a lawsuit issues a summons. Which of the following is true about this process?

Answer 63

A summons is delivered to the defendant.

Question 64

A deposition may be taken in which phase of the lawsuit?

Answer 64

Interrogatory

Question 65

Which of the following would occur in the pleading phase of a lawsuit?

Answer 65

The defendant’s attorney files an answer to the summons

Question 66

The family of a patient sues for wrongful death when the patient’s death was judged to have been due to the negligence of health care practitioners. What might the family collect from a settlement of this case?

Answer 66

An award for loss to the patient’s estate of future earnings

Question 67

The judge in a negligence case states that the rights of the patient were violated, though no actual loss was proven. The judge awards the plaintiff $1.00. This is known as what type of award?

Answer 67

Nominal

Question 68

A health care practitioner who practices the “four Cs of medical malpractice prevention” finds two important benefits related to one of the “Cs”, that is, improvement in patients’ medical condition and decreased likelihood that they will sue. Which “C” is most likely to provide these benefits?

Answer 68

Caring

Question 69

When showing people they care, what would be the best advice for a nurse caring for patients who have complaints about dissatisfaction with their treating physicians?

Answer 69

Listen carefully to the patient’s complaints and remarks and see that the comments reach the treating physician.

Question 70

Therapeutic communication is key to avoiding medical malpractice lawsuits. Which of the following is a recommended guideline when communicating with patients?

Answer 70

Communicate clearly and ask for confirmation that you have been understood.

Question 71

A physician assistant (PA) is constantly updating his knowledge and skills by attending in-services and seminars. This PA is practicing which of the “4 Cs of medical malpractice prevention?”

Answer 71

Competence

Question 72

For legal purposes, the health care professional should know that if it isn’t in writing and explained completely and accurately, it wasn’t done. To which of the following “4 Cs of medical malpractice prevention” does this statement refer?

Answer 72

Charting

Question 73

Administrators of a medical facility are attempting to reduce liability risks in the workplace environment. Which of the following is a recommended guideline to accomplish this goal?

Answer 73

Have a medical assistant of either sex present during examinations.

Question 74

From a medical/legal standpoint, in an article in the March 2003 issue of Family Practice Management, Dr. R.J. Roberts of the University of Wisconsin Medical School identified seven common reasons for medical malpractice lawsuits. Which of the following is not one of these seven identified reasons?

Answer 74

Failure to triage emergency department patients

Question 75

The first major study to determine why patients sue hospitals and health care practitioners and what might prevent an injured patient or his or her family members from filing a lawsuit was conducted in 1992 by Gerald B. Hickson and others. According to Hickson, which of the following is the most common reason for patient lawsuits?

Answer 75

The plaintiffs were advised by knowledgeable acquaintances to sue.

Question 76

Which of the following was the most highly agreed upon statement of why injured patients sued in the Charles Vincent et al study?

Answer 76

To receive an explanation

Question 77

ust over 41 percent of the respondents in the Vincent study said that certain actions after their injuries might have prevented litigation. Which of the following is the highest rated action that might prevent litigation?

Answer 77

An explanation and apology

Question 78

A report by the American Society of Anesthesiologists Committee on Professional Liability stated that one of the most common reasons patients start legal proceedings is due to which of the following?

Answer 78

Communication failures between physicians and patients.

Question 79

Which of the following - according to Micalizzi’s Suggestions for Things NOT to Say After Medical Complications - should not be said to the patient or family following an adverse event?

Answer 79

These things happen, and you may never know what went wrong.”

Question 80

Using effective interpersonal communication in the physician-patient relationship may help deter medical malpractice lawsuits. Which of the following is a recommended guideline for therapeutic communication?

Answer 80

Sit rather than stand when interviewing patients.

Question 81

Which of the following is a recommended communication technique to prevent medical malpractice lawsuits?

Answer 81

Avoid statements that could be construed as an admission of fault.

Question 82

Health care practitioners should know that patient records are often used as evidence in medical malpractice cases, and improper documentation can lose a case. Which of the following does not need to be documented?

Answer 82

ll non-telephone patient conversations

Question 83

A physician being sued for medical malpractice claims that a patient did not follow the treatment regimen she prescribed, thereby contributing to his own injury. This physician is using which of the following defenses?

Answer 83

Contributory negligence

Question 84

A physician assistant (PA) accused of medical malpractice claims that the charge does not meet all of the elements of the theory of recovery. Which of the following defenses is being used by the PA?

Answer 84

Denial

Question 85

Many health care professionals use affirmative defenses in medical professional liability suits. With these defenses, defendants are allowed to present evidence of which of the following?

Answer 85

That the patient’s condition was caused by other factors than defendant negligence

Question 86

It was decided in a professional liability suit using the process of comparative negligence that the plaintiff contributed 30% to the patient injury and the physician contributed 70%. Which of the following would be the outcome of this case?

Answer 86

the patient damage award would be reduced by 30%.

Question 87

In which of the following types of defenses to professional liability suits is informed consent one of the most important elements?

Answer 87

Assumption of risk

Question 88

A physician who came to the aid of a person who was injured during an earthquake is being sued by that person for malpractice. The physician would not be held liable under common law if the defense established which of the following?

Answer 88

The appropriate standard of care was met, given the emergency situation.

Question 89

A physician who is named in a malpractice lawsuit uses the defense that the statute of limitations has run out, and the plaintiff can no longer file charges. This is an example of which of the following types of defenses?

Answer 89

Technical

Question 90

A victim in a medical malpractice lawsuit receives compensation for all medical expenses from the defendant. Which of the following would almost always be an absolute defense in this case?

Answer 90

Release of tortfeasor

Question 91

A medical malpractice lawsuit has been decided under the doctrine of res judicata. What does this Latin term mean?

Answer 91

“The thing has been decided.”

Question 92

Which of the following accurately describes an element of the doctrine of res judicata?

Answer 92

If a physician has been sued by a nonpaying patient for negligence and does not file a counterclaim for the fee during defense, the patient cannot be sued later for unpaid bills.

Question 93

The statute of limitations for filing professional negligence suits varies with states but generally specifies how many years?

Answer 93

1 to 6 years

Question 94

What is the most common amount of time allowed for filing legal actions, including collections, damages for child sexual abuse, retaining of medical records, wrongful death claims, medical malpractice, and many other causes of action?

Answer 94

2 years

Question 95

Establishing when the statute of limitations begins varies with state law, but one of the most common dates for marking the beginning of the statutory period is which of the following?

Answer 95

The day the alleged act was committed

Question 96

The physician who owns a physician’s office examines the practices and behaviors of his employees to determine and eliminate problems that may lead to a malpractice lawsuit. What is the term for this practice?

Answer 96

Risk management

Question 97

Which of the following is an example of a physician using risk management to reduce the likelihood of a malpractice lawsuit against his office?

Answer 97

Providing written job descriptions for employees

Question 98

Methods used to manage risk are considered a part of which of the following?

Answer 98

Quality assurance

Question 99

The employer physician puts a plan in place to ensure that all government regulations are enforced in her office. What is the term for this plan?

Answer 99

Compliance

Question 100

Which of the following would most likely be involved in completing the process of credentialing for health care institutions and organizations?

Answer 100

An insurance company

Question 101

What instrument of risk management is particularly beneficial for following coding and billing regulations for Medicare, Medicaid, and other government plans?

Answer 101

Compliance plan

Question 102

A health care clinic begins the process to receive credentialing. Which of the following is the final step verifying a health care provider’s credentials?

Answer 102

A peer review process approves the credentialing procedure

Question 103

A physician purchases liability insurance to work in a partnership with other physicians. What does this insurance cover?

Answer 103

Potential damages incurred as a result of a negligent act

Question 104

Upon which of the following is the cost of a liability premium based?

Answer 104

Physician specialty and dollar amount covered by the policy

Question 105

A physician decides his liability insurance coverage is too high and drops the policy. On which of the following aspects of this physician’s employment will this decision have the greatest impact?

Answer 105

Having hospital privileges

Question 106

A physician assistant carries claims-made liability insurance to protect against malpractice suits. Which of the following describes the coverage this policy would provide for the designated period?

Answer 106

The determining factor is when the claim is made, not when the injury occurs.

Question 107

Which of the following insurance policies covers incidents that occurred before the beginning of the new insurance relationship but have not yet been brought to the insured’s attention as a claim?

Answer 107

Prior acts insurance coverage

Question 108

A physician who has liability insurance finds that a lawsuit is imminent. Which of the following is a recommended guideline when this occurs?

Answer 108

Do not mention the lawsuit in any correspondence

Question 109

As medical malpractice insurance premiums have continued to rise, self-insurance coverage has become an option for health care practitioners in some states. What is one advantage of self-insurance coverage?

Answer 109

Lower premiums

Question 110

There are three types of insurance that health care practitioners can purchase to extend coverage of a canceled claims-made policy or for claims-made coverage when the insured switches to a different insurance carrier. Which of the following is not an extended insurance plan?

Answer 110

Occurrence insurance

Question 111

6.Denial

Answer 111

A defense that clains innocence of the charges or that one or more of the four Ds of negligence are lacking

Question 112

6. Affirmative defenses

Answer 112

Defenses used by defendants in medical professional liablity suits that allow the accused to present factual evidence that the patients condition was caused by some factor other than the defedants negligence

Question 113

6. Contributory negligence

Answer 113

An affirmative defense that alleges that the plaintiff through a lack of care, caused or contributed to his or her own injury

Question 114

6. Comparative negligence

Answer 114

An affirmative defense claimed by the defendant alleging that the plaintiff contributed to the injury by a certain degree.

Question 115

6. Assumption of risk

Answer 115

A legal defense that holds that the defendant is not guilty of a negligent act because the plaintiff knew of and accepted beforehand any risks involved

Question 116

6. Emergency

Answer 116

A type of affirmative defense in which the person who comes to the aid of a victim in an emergency is not held liable under certain circumstances

Question 117

6.Technical defense

Answer 117

Defenses used in a lawsuit that are based on legal technicalities

Question 118

6. Release of torfeasor

Answer 118

A technical defense that prohibits a lawsuit against the person who caused an injury the tortfeasor if he she was expressly released from futher liability in the settlement of suit.

Question 119

6.Res judicata

Answer 119

The thing has been decided. Legal principle that a claim cannot be retried between the same parties if it has already been legally resolved

Question 120

6. Statue of limitations

Answer 120

That period of time established by state law during which a lawsuit may be filed

Question 121

6. Risk Management

Answer 121

The taking of steps to minimize danger, hazard and liability

Question 122

6. Quality improvement or Quality assurance (QI)

Answer 122

A program of measures taken by health care providers and practioners to uphold the quality of patient care

Question 123

6. Liability insurance

Answer 123

Contract coverage for potential damages incurred as a result of a negligent act.

Question 124

6. Claim made insurance

Answer 124

A type if liability insurance that covers the insured only for those claims made (not for any injury occurring) While the policy is in force

Question 125

6. Occurence insurance q

Answer 125

A type of liability insurance that covers the insured for any claims arising from an incident that occurred, or is alleged to have occurred, during the time the policy is in force, regardless of when the claim is made.

Question 126

6. Tail Coverage

Answer 126

An insurance coverage option available for heath care practitioners: when a claims made policy is discontinued, it extends coverage for malpractice claims alleged to have occurred during those dates that claims made coverage was in effect.

Question 127

6. Prior acts insurance coverage.

Answer 127

A supplement to a claim made insurance policy that can be purchased from a new carrier when health care practitioners change carriers

Question 128

6. Self insurance coverage.

Answer 128

An insurance coverage option whereby insured subscribers contribute to a trust fund to be used in paying potential damages awards.