Module 1 Flashcards
Felonies are uncommon in healthcare (true/false)
True
Punishment for a felony may include confinement of up to one year in length (true/false)
False punishment for a felony requires more than 1 year
You may lose your certification if you are convicted of a felony while on the job (true/false)
True
You may lose your certification if you are convicted of a felony that took place away from your site of employment (true/false)
True
Generally speaking, which of the following is not an example of a misdemeanor?
Kidnapping. Misdemeanors are anything other than Felonies. Kidnapping is a felony.
If you are convicted of a misdemeanor, you may be away from home (in jail) for more than 12 months (true/false)
False They cannot keep you for more than 12 months for a misdemeanor
A fine may be punishment for both felony and misdemeanor convictions (true/false)
True
Tort Law addresses issues of ____ law
civil
Civil law deals with only the unintentional actions of individuals, Intentional acts are covered by criminal law (true/false)
False. Civil law deals with both
Those found guilty of a tort are usually punished by a. jail time b. monetary compensation c. repair of damage d. all. e. either b or c
e either monetary compensation or repair of damage
Personal injury law is another name for tort law (true/false)
True
Tort law is used as a substitute for revenge (true/false)
True
The words “liability” and “wrong” can be interchanged in civil lawsuits (true/false)
True
In civil lawsuits, the person who has been injured is the ____
plaintiff
It is never appropriate for a nurse to order radiographs — that’s part of the physician’s responsibility. (true/false)
False The nurse can order them if the doctor is busy
The radiographer may remove the immobilization device of any patient who says they have no neck pain, whether or not his radiographs have been made (true/false)
False You cannot remove the device until after radiographic examination, with physician’s orders.
When is it appropriate to remove any cervical immobilization device? a. after radiographic examination b. on nurse’s orders c. on physician’s orders d. at patient’s request e. only a and b f. only a and c
e. only a and c a. after radiographic examination c. on physician’s orders
When radiographically evaluating the cervical spine, ____ vertebrae must be visible
7
A tort is viewed as a crime in a court of law (true/false)
false
By law, every person has a duty not to harm others or their property (true/false)
true
A person who has been injured accidentally may seek to recover damages that may include such things as: a. lost wages b. repair of damaged items c. pain and suffering d. medical bills e. all f. only c and d
e. all
Invasion of privacy is seen as an _____ tort
intentional
A patient _____ have to be touched for a civil assault to occur. a. does b. does not
b. does not
The essential component of a civil assault case is that of a patient’s _____ of unwanted physical contact
fear
Verbal threats used to gain the cooperation of a difficult patient may be considered as civil assault (true/false)
true
You may be liable for the tort of battery if you continue an examination against a patient’s wishes (true/false)
true
Implied consent and informed consent are one and the same (true/false)
false
Informed consent is the simplest and most common form of consent given by a patient (true/false)
false implied consent
An examination performed on the wrong patient may be construed as battery (true/false)
true
In certain instances, the health care provider (HCP) may not be liable for battery even though battery has technically been committed (true/false)
true if the patient is a danger to themselves or others around them, you don’t need permission to restrain them
In emergent situations, when the patient is considered a danger to self or others, restraints may be applied without a physicians orders (true/false)
true
The use of unauthorized force or stricturing devices to confine a patient against his will is defined as the tort of _____ _____
false imprisonment
A false statement, either written or oral, that injures someone’s reputation is termed: _____
defamation
A spoken falsehood about a person is _____
slander
All cases of defamation require that the plaintiff show proof of damage to reputation (true/false)
false some defamation is obviously more hurtful than others and doesn’t require proof
Unnecessary exposure of the patient’s body during the course of an examination can be seen as a. battery b. invasion of privacy c. defamation of character d. all
b. invasion of privacy
Breach of confidentiality is part of the tort invasion of privacy (true/false)
true
Patient information is discussed with others on a need-to-know basis only (true/false)
true
The patient has the right to expect “reasonable” care from any health care professional (true/false)
true
A HCP (health care professional) may be found negligent, even when performing an examination carefully, if the exam is done without prior and proper training. (true/false)
true
Negligent acts, as described in the courts, are based upon?
the finding of fault
In order to prove negligence, a plaintiff must show ____ elements. (how many?)
4
In a civil case, the side that produces the preponderance of evidence wins (true/false)
true
When a HCP introduces himself to the patient as the person responsible for the examination, he has by law, established a relationship (true/false)
true
You as a HCP will be held to a higher standard of care than will any ordinary person without your specialized training (true/false)
true
In deciding your obligation (duty) to a patient, a court of law will compare you to others with similar experience and training (true/false)
true
You may breach your duty to a patient through either an act or omission or an act of comission (true/false)
true
The “but-for” test in the plaintiff’s case is applied to prove the _____ element. (which of 4 elements?)
cause of injury
A plaintiff must prove injury to receive compensation in a negligence case (true/false)
true
Which of the following may be utilized to determine appropriate standard of care? a. expert witness b. professional text books and journals c. policy and procedure manuals d. all my be used
d. all may be used
Which of the following “failures” in patient care might be classified as an untintentional tort?
a. failure to provide for patient safety
b. failure to follow physician’s orders
c. failure to provide proper patient education
d. all
e. only a and b
d. all
The term “_____” is actually the parent of malpractice.
negligence
(1)_____ is a term used to describe the unskillful acts of those traditionally known as “professionals”
Malpractice
Malpractice requires (1)_____ elements of proof
3 elements
(negligence requires 4)
According to the American College of Radiology (ACR), most malpractice lawsuits concerning radiologists are attributed to (1)_____ _____
improper communication