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
In performing a treatment without the patient’s consent, the physician runs the risk of a suit for...
Assault and battery
26
The exception to the doctrine of informed consent is...
The unconscious or emergency patient
27
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...
Charging breach of duty
28
Most states have a statute of limitations for bringing malpractice suits, which is...
One year
29
A physician agrees to achieve a particular result or cure for a patient and then fails to do so, he is liable for...
Breach of contract
30
Violation of federal or state narcotics law constitutes...
A criminal act
31
-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?
Narcotics inventory
32
The best way to maintain an accurate record of drugs on hand and those dispensed is to...
Have a special narcotics record book in which a running inventory is kept
33
What is the order referred to as that a physician will receive to appear in court and testify?
Subpoena
34
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...
Privileged communications
35
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
Good Samaritan statutes
36
- serves to regulate the actions of its members - established general standards of conduct - promotes the elevating of acceptable standards of performance of its members
Professional code of ethics
37
The term PHI in HIPAA is...
Protected Health Information
38
What is required in each state to practice medicine?
A license
39
For anyone to practice medicine without a license, except in a few special circumstances, is...
A criminal offense
40
What is the term for when a physician treats other physician or allied health professionals free of charge?
Professional courtesy
41
The most common type of medical tort liability is...
Negligence
42
A medical assistant may give an injection...
Only on the orders of a physician
43
Negligence in the medical profession is called...
Malpractice
44
Term for incorrect information given that may injure the reputation of another
Slander
45
The governmental agency having the legal responsibility for enforcing proper drug manufacture and clinical use
Food and Drug Administration
46
Term for a rule of conduct established and enforced by an authority of governing body, such as the federal government
Law
47
Term for a healthcare professional charged with stopping care without providing an equally qualified substitute
Abandonment
48
A patient’s leg healed incorrectly because of the way the cast had been applied is an example of...
Direct cause
49
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
Arbitration
50
An employee who is considered to be acting on the doctor’s behalf while performing professional tasks
Respondent superior
51
What agency is responsible for enforcing the HIPAA Privacy Rule, Security Rule, and the confidentiality provisions of the Patient Safety Rile?
Office of Civil Rights
52
Term referring to cases in which the doctor’s mistake is completely obvious
Res ipsa loquitur
53
Term used in which a physician reports a case of acquired immunodeficiency syndrome (AIDS) to the state
Physician’s public duty
54
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?
At least once a year
55
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
Material Safety Data Sheets (MSDS)
56
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
3 months
57
According to OSHA regulations, how long do employee medical and exposure records must be kept on file?
During employment and 30 years after
58
OSHA’s record-keeping and documentation requirements in a medical office are to...
Protect the legal rights and safety of everyone in the medical office
59
Term for professional negligence
Malpractice
60
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 fine as high as 10,000 could be charged and multiplied by the number of employees
61
A physician is required to report...
Abuse, births, HIV case
62
Who created federal laws to protect health care workers from health hazards on the job?
OSHA
63
A situation in which the patient automatically gives up the right to confidentiality is when the patient...
Sues a physician
64
The document established by the American Hospital Association in 1973 and revised in 1992 that lists ethics principles protecting the patient
Patient’s Bill of Rights
65
An example of not maintaining a patient’s privacy...
Discarding confidential information in shared trash containers
66
One case when a minor’s medical records can be released is...
A parent with legal custody has signed the release forms
67
The age of majority in most jurisdictions
18 years
68
The unauthorized disclosure of client information can be considered...
An invasion of privacy
69
The study of values or principles governing personal relationships, including ideals of autonomy, justice and conduct
Ethics
70
The HIPAA Privacy Rule covers protected health information in any medium. The HIPAA Security Rule specifically covers protected health information in what format?
Electronic