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MA > Law and Ethics > Flashcards

Law and Ethics Flashcards

1
Q

Refers to a lawful act that is done incorrectly

A

Misfeasance

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2
Q

If an employee is covered under the doctor’s malpractice insurance, it is up to _____ to purchase additional malpractice insurance

A

The employee

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3
Q

Is it legal for a medical assistant to diagnose a condition and prescribe treatment?

A

NO

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4
Q

A physician’s appointment book is considered a…

A

Legal document

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5
Q

What is intended to help families of terminally ill patients deal with the inevitable outcome and limit in-necessary medical costs?

A

Living will

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6
Q

Who pays a minimal fee for protective gear?

A

The employer

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7
Q

A healthcare employee who refuses the HBV vaccination must sign what?

A

Waiver

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8
Q

Laws forbid storing food and drinks in the refrigerators that also store…

A

Blood

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9
Q

According to ________, waived tests require the least amount of judgement and pose an insignificant risk to the patient in the event of an error.

A

Clinical Laboratory Improvement Amendments of 1988 (CLIA)

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10
Q

What is the study of values and principles governing personal relationships, including ideals of autonomy, justice and conduct?

A

Ethics

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11
Q

A physician should bill for…

A

Direct services only

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12
Q

Is it legal for a patient to be denied a copy of his chart if he is unable to pay the fee to obtain it?

A

No

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13
Q

Can a physician disclose information if the patient consents?

A

Yes

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14
Q

Can a blood-borne pathogen be transmitted through skin that has been broken or through mucous membranes?

A

Yes

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15
Q

What is a highly contagious and potentially fatal disease that causes inflammation of the liver?

A

HBV

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16
Q

Can a physician choose to withdraw from a case when a personality conflict develops between the physician and the patient that cannot be resolved?

A

Yes

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17
Q

Can a physician be responsible for the actions of employees?

A

Yes

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18
Q

What prevents medical professionals from exposing themselves and others to blood-borne pathogens?

A

Universal Precautions

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19
Q

The legal nature of the doctor-patient relationship is that of…

A

A contract

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20
Q

In Serrano cases, the patient may not legally be able to act for himself in establishing a contract with the doctor. In these cases, he would need…

A

An agent

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21
Q

Can a 15 year old sister be an agent for a younger brother?

A

No

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22
Q

Breaches of the patient’s confidence may result in suits for…

A

Libel and slander

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23
Q

The doctor’s liability for breach of contract is based upon…

A

A failure to perform an agreed upon undertaking

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24
Q

Term currently used in preference to nonfeasance

A

Medical professional liability

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25
Q

In performing a treatment without the patient’s consent, the physician runs the risk of a suit for…

A

Assault and battery

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26
Q

The exception to the doctrine of informed consent is…

A

The unconscious or emergency patient

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27
Q

Failure to take an X-ray in the case of a possible fracture, trying a new and experimental treatment, and photographing the patient for scientific reasons could constitute cause for a suit…

A

Charging breach of duty

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28
Q

Most states have a statute of limitations for bringing malpractice suits, which is…

A

One year

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29
Q

A physician agrees to achieve a particular result or cure for a patient and then fails to do so, he is liable for…

A

Breach of contract

30
Q

Violation of federal or state narcotics law constitutes…

A

A criminal act

31
Q

-reports of births and deaths
-communicable diseases diagnosed and treated
-injuries due to gunshots and stabbings
-narcotics inventory
Which is NOT usually considered part of the vital statistics reported to the medical examiner?

A

Narcotics inventory

32
Q

The best way to maintain an accurate record of drugs on hand and those dispensed is to…

A

Have a special narcotics record book in which a running inventory is kept

33
Q

What is the order referred to as that a physician will receive to appear in court and testify?

A

Subpoena

34
Q

Some states have laws to prevent a physician from revealing in court confidential information gained during the physician-patient relationship, since these are considered as…

A

Privileged communications

35
Q

Generally make the physician immune from civil liability in cases of rendering emergency care, provided that the care is rendered in good faith and with due caution

A

Good Samaritan statutes

36
Q
  • serves to regulate the actions of its members
  • established general standards of conduct
  • promotes the elevating of acceptable standards of performance of its members
A

Professional code of ethics

37
Q

The term PHI in HIPAA is…

A

Protected Health Information

38
Q

What is required in each state to practice medicine?

A

A license

39
Q

For anyone to practice medicine without a license, except in a few special circumstances, is…

A

A criminal offense

40
Q

What is the term for when a physician treats other physician or allied health professionals free of charge?

A

Professional courtesy

41
Q

The most common type of medical tort liability is…

A

Negligence

42
Q

A medical assistant may give an injection…

A

Only on the orders of a physician

43
Q

Negligence in the medical profession is called…

A

Malpractice

44
Q

Term for incorrect information given that may injure the reputation of another

A

Slander

45
Q

The governmental agency having the legal responsibility for enforcing proper drug manufacture and clinical use

A

Food and Drug Administration

46
Q

Term for a rule of conduct established and enforced by an authority of governing body, such as the federal government

A

Law

47
Q

Term for a healthcare professional charged with stopping care without providing an equally qualified substitute

A

Abandonment

48
Q

A patient’s leg healed incorrectly because of the way the cast had been applied is an example of…

A

Direct cause

49
Q

Term to the 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

A

Arbitration

50
Q

An employee who is considered to be acting on the doctor’s behalf while performing professional tasks

A

Respondent superior

51
Q

What agency is responsible for enforcing the HIPAA Privacy Rule, Security Rule, and the confidentiality provisions of the Patient Safety Rile?

A

Office of Civil Rights

52
Q

Term referring to cases in which the doctor’s mistake is completely obvious

A

Res ipsa loquitur

53
Q

Term used in which a physician reports a case of acquired immunodeficiency syndrome (AIDS) to the state

A

Physician’s public duty

54
Q

How often must every employee who may be exposed to hazardous or infectious substances on the job be given free information and training during working hours?

A

At least once a year

55
Q

The source of information to find out if a hazardous substance causes cancer and which lists other possible risks and states OSHA requirements for controlling exposure

A

Material Safety Data Sheets (MSDS)

56
Q

How long must a blood sample be kept if an employee rescuers to be tested after giving a sample after being exposed to HIV if they later develop symptoms and then want to be tested

A

3 months

57
Q

According to OSHA regulations, how long do employee medical and exposure records must be kept on file?

A

During employment and 30 years after

58
Q

OSHA’s record-keeping and documentation requirements in a medical office are to…

A

Protect the legal rights and safety of everyone in the medical office

59
Q

Term for professional negligence

A

Malpractice

60
Q

What is the procedure if an OSHA inspector finds that the medical assistants in a medical office have not worn gloves for 2 months because the employer did not make them available?

A

A fine as high as 10,000 could be charged and multiplied by the number of employees

61
Q

A physician is required to report…

A

Abuse, births, HIV case

62
Q

Who created federal laws to protect health care workers from health hazards on the job?

A

OSHA

63
Q

A situation in which the patient automatically gives up the right to confidentiality is when the patient…

A

Sues a physician

64
Q

The document established by the American Hospital Association in 1973 and revised in 1992 that lists ethics principles protecting the patient

A

Patient’s Bill of Rights

65
Q

An example of not maintaining a patient’s privacy…

A

Discarding confidential information in shared trash containers

66
Q

One case when a minor’s medical records can be released is…

A

A parent with legal custody has signed the release forms

67
Q

The age of majority in most jurisdictions

A

18 years

68
Q

The unauthorized disclosure of client information can be considered…

A

An invasion of privacy

69
Q

The study of values or principles governing personal relationships, including ideals of autonomy, justice and conduct

A

Ethics

70
Q

The HIPAA Privacy Rule covers protected health information in any medium. The HIPAA Security Rule specifically covers protected health information in what format?

A

Electronic

MA (12 decks)

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