Test 2 Flashcards
Actual damages, which compensate a plaintiff for for losses incurred, are _______.
A. Nominal
B. Compensatory
C. Non-economic
D. Punitive
Compensatory
Service of a summons and complaint ________.
A. Require adequate notice to the defendant
B. May occur in person or via mail
C. Both a and b
D. None of the above
Both a and b
Court orders for the production of records ______.
A. Are issued by opposing counsel
B. Do not require patient authorization
C. Do require patient authorization
D. Are the same as subpoenas for the production of records
Does not require patient authorization
A plaintiff files a lawsuit against a defendant. The defendant, in turn, files a lawsuit against the plaintiff a.) and against a co-defendant b) These two actions, a) and b) are called________.
A. Counterclaim; crossclaim
B. Crossclaim; counterclaim
C. Joinder; crossclaim
D. Default judgement; counterclaim
Counterclaim; crossclaim
When a patient discovers that a sponge has been left in his abdomen following surgery, the patient has a cause of action to bring a lawsuit. To bring suit, the patient must document and serve his allegations to the surgeon in a legal document called a(n) ________.
A. Answer
B. Denial
C. Subpoena
D. Complaint
Complaint
A defendant fails to respond to a plaintiff’s complaint. This may result in________.
A. Default judgment
B. Joinder
C. A counterclaim
D. A crossclaim
Default judgment
When a patient discovers that a hemostat has been left in his abdomen by a surgeon, the patient has a cause of action to bring a lawsuit. To bring suit, the patient must document and serve his allegations to the surgeon. The surgeon must respond via a legal document called a(n) ________.
A. Answer
B. Denial
C. Subpoena
D. Complaint
Answer
Mrs. Black’s filed lawsuit against Mr. Brown. Mr. brown ignored the summons and complaint. Under what legal theory did Mrs. Black win the case?
A. Beyond a reasonable doubt
B. Default judgement
C. Directed verdict
D. Preponderance of the evidence
Default judgement
A defendant does not pay the damages awarded against her in a lawsuit. The court may order the seizure of a portion of her monthly wages to satisfy the judgment in an action called________.
A. Garnishment
B. Judgement lien
C. Punitive damages
D. Writ of execution
Garnishment
An environmental service employee of the hospital was called to the vascular surgery floor to clean the floor where a bag of potassium chloride had spilled. After cleaning the floor, the employee failed to place any signs advising others of a wet floor. Mrs. Jones, a hospital visitor, fell on the wet floor and injured her back. She incurred medical expenses of $560 and lost wages in the amount of $1000. She brought suit and the jury awarded her $1560, representing reimbursement of the medical expenses and lost wages, plus $10,000 for the jurors’ perceived recklessness on the part of the hospital. What is the $10,000 amount considered?
A. Compensatory damages
B. Nominal damages
C. Punitive damages
D. Minimal damages
Punitive damages
The burden of proof in which a plaintiff must prove that it was “more likely than not” that each element of a case was met is called ________.
A. Beyond a reasonable doubt
B. Compensatory damages
C. Equity
D. Preponderance of the evidence
Preponderance of the evidence
The process that allows evidence to be used in a court of law and considered by a jury is________.
A. Admissibility
B. Discoverability
C. Service
D. Litigation
Admissibility
A state appellate court will hear a case dealing with an injury to a patient if the attorney appealing the case can prove________.
A. An error of law occurred
B. An error of fact occurred
C. The witnesses who testified for the opposing side were not truthful
D. The witnesses who testified for the opposing side incorrectly recalled the incident that led to the injury
An error of law occurred
Mr. Green won a $500,000 lawsuit against Dr. Blue. Dr. Blue has appealed. Upon appeal, Mr. Green is referred to as the________.
A. Respondent
B. Petitioner
C. Plaintiff
D. Defendant
Respondent
A health information management professional may attend legal proceedings and testify as to ________.
A. The authenticity of the patients health record
B. The reason a patient was treated
C. Reasons a defendant healthcare provider should not be sued
D. All of the above
The authenticity of the patients health record
A subpoena duces tecum compels the recipient to________.
A. Bring records to a legal proceeding
B. Serve on a jury
C. Answer a complaint
D. Testify a trial
Bring records to a legal proceeding
The Electronic Discovery Reference Model (EDRM) ________.
A. Was developed to assist in the e-discovery process
B. Is a legally-binding agreement that all organizations must follow
C. Is a legally-binding agreement in some but not all states
D. Is a model that must be followed in e-discovery cases
Was developed to assist in the e-discovery process
The legal proceedings that accompany a lawsuit are called _______.
A. Complaint
B. Default judgement
C. Summons
D. Litigation
Litigation
Formal, written objections to subpoenas are often made in a _____.
A. Motion of quash
B. Denial to respond
C. Refusal
D. Letter
Motion of quash
Class action lawsuits often involve ________.
A. Students against teachers
B. Groups of consumers against large entities
C. Physicians against other physicians
D. Hospitals against insurance companies
Groups of consumers against large entities
Dr. Howard is called to testify in a medical malpractice case against Dr. Dale. He testifies that, based on his expertise of the subject matter, Dr. Dale did not commit medical malpractice. In this case, Dr. Howard is a(n)
A. Bailiff
B. Lay Witness
C. Juror
D. Expert Witness
Expert Witness
A health record is representative of what type of evidence?
A. Documentary evidence
B. Direct evidence
C. Circumstantial evidence
D. Oral evidence
Documentary evidence
Evidence is __________.
A. The means by which facts of a case are proved or disproved
B. The use of pictures and objects to present a case
C. The sharing of pretrial information among parties to a case
D. The admission of information to be considered by a judge or jury
The means by which facts of a case are proved or disproved
Forms of evidence include __________.
A. Oral testimony
B. Written documents
C. Pictures and objects
D. All of the options are correct
All of the options are correct
Apology statutes __________.
A. Protect providers’ apologetic communications to patients from being admitted into evidence
B. Allow providers’ apologetic communications to patients to be admitted into evidence
C. Prohibit providers apologizing for adverse medical outcomes
D. Consider providers’ admissions of sympathy due to adverse medical outcomes as admissions of guilt
Protect providers’ apologetic communications to patients from being admitted into evidence
Pat Clark, a plaintiff in a legal case has been subpoenaed for a deposition. The plaintiff’s attorney wishes to use his client’s health record as evidence to prove his client’s case. In this situation, although the record constitutes hearsay, it may be used as evidence based on the _________.
A. Admissibility exception
B. Discover exception
C. Business records exception
D. Direct evidence exception
Business records exception
The main purpose of an incident report is to do which of the following?
A. Document adverse events
B. Determine who is at fault
C. Develop a defense strategy
D. Deliver sanctions to those at fault
Document adverse events
Which of the following types of records may be protected from discovery by privilege?
A. Incident reports
B. Medical records
C. Employee records
D. Payroll records
Incident reports
When a legal hold is issued by the court, what action must an organization take?
A. Suspend the processing or destruction of the records in question
B. Consult with legal counsel
C. Destroy all records that have been inactive for at least five years
D. Disclose all requested records to opposing counsel
Suspend the processing or destruction of the records in question
During a trial to determine whether Dr. Smith was liable for medical malpractice, Dr. Smith testified in his own defense. Legally, Dr. Smith’s testimony was _______.
A. Real evidence
B. Direct evidence
C. Inadmissible
D. Unreliable
Direct evidence
Information about an electronic health record, such as the date and time of data creation is __________.
A. Metadata
B. Spoliation
C. Legal hold
D. Hearsay
Metadata
Whether or not a health record tends to make the existence of any fact more or less probable than it would be without the record refers to __________.
A. Relevance
B. Admissibility
C. Burden of proof
D. Discoverability
Relevance
When Dr. Smith realized he was being sued over a malpractice issue, he intentionally destroyed certain records and other evidence relevant to the legal proceedings. What legal concept is indiactive of this situation?
A. Legal hold
B. Spoliation
C. Mutilation
D. Metadata
Spoliation
The Best Evidence Rule allows for __________.
A. Copies of records to be allowed as evidence
B. Hearsay to be allowed as evidence
C. The jury to decide what is the best evidence
D. Only original records to be allowed as evidence
Copies of records to be allowed as evidence
Physician-patient privilege belongs to the __________.
A. Judge
B. Physician
C. Patient
D. Owner of the medical record
Patient
Gwen Stone files a medical malpractice lawsuit against Dr. Hudson, alleging that he committed negligence in the treatment of her diabetes. Ms. Stone’s attorney insists that Dr. Hudson cannot speak about her medical diagnoses because of physician-patient privilege. Ms Stone’s attorney ______.
A. Is correct because of the physician-patient privilege is absolute
B. Is incorrect because she placed her medical condition as an issue
B. Is incorrect because she has not yet signed an authorization for disclosure
D. Is incorrect because the physician holds the physician-patient privilege
Is incorrect because she placed her medical condition as an issue
If a patient seeks damages as the result of a car accident in which her back was injured, which records would probably be admissible?
A. All of her previous medical records
B. All medical records from her physician who performed her facelift
C. All medical records pertaining to her back injury
D. All records from her previous immunizations
All medical records pertaining to her back injury
The affidavit of the custodian of records allow the health record to be _________.
A. Disregarded as evidence
B. Admitted into evidence
C. Considered hearsay
D. Relevant evidence
Admitted into evidence
A patient places her medical condition at issue by filing a lawsuit against her treating physician. By doing this, the patient has __________.
A. Breached patient confidentiality
B. Testified against the physician
C. Established the authority of her medical information
D. Waived the physician patient privilege
Waived the physician-patient privilege
Alex Smith is a patient of Robert Parker, a physician’s assistant at Norris Clinic. A question has surfaced that regarding physician-patient privilege and who is this case has the right to waive the confidentiality of Mr. Smith’s patient information. The person who can waive confidentiality is _______.
A. The Norris Clinic
B. Alex Smith, patient
C. Alex Smith’s doctor
D. Robert Parker, Physician assistant
Alex Smith, patient
Which of the following terms denotes a civil wrongdoing for which the law will provide a remedy in the form of a law suit to recover damages?
A. Common law
B. Damages
C. Strict liability
D. Tort
Tort
The statute of limitations generally refers to ______.
A. Limitations imposed by law on those who practice medicine
B. Period of time within which a lawsuit must be brought
C. Period of time within which a case must go to trial after a lawsuit is filed
D. Restrictions imposed on newly appointed medical staff members
Period of time within which a lawsuit must be brought
What is the legal term that refers to the legal obligation or responsibility of Dr. Smith to owe his patient money as a result of a lawsuit the patient has won against Dr. Smith for negligence?
A. Felony
B. Liability
C. Misdemeanor
D. Tort
Liability
Dr. Smith performed surgery on a patient. The planned surgery was an appendectomy, but Dr. Smith performed a second procedure as well, which the patient had not consented to. The most likely successful cause of action resulting from the second procedure is__________.
A. Defamation
B. Battery
C. Strict liability
D. No possible successful cause of action
Battery
Which of the following terms denotes the form of monetary compensation a court may award to an individual in a civil action who has been injured by another party?
A. Common law
B. Damages
C. Strict liability
D. Tort
Damages
Assault and battery falls under the category of ________.
A. Malpractice
B. Negligent tort
C. Intentional tort
D. Breach of contract
Intentional tort
In tort law, a tortfeasor refers to which individual in a legal court case?
A. Defendant
B. Judge
C. Plaintiff
D. Prosecutor
Defendant
Mr. Jones is suing Dr. Marks for breach of confidentiality in regard to the disclosure of his positive test results related to a sexually transmitted disease. What defense might Dr. Marks claim to counter Mr. Jones claim?
A. Assumption of risk because of the disease that Mr. Jones contracted
B. Mr. Jones signed an authorization to disclose his information
C. Because the test results were positive for a sexually transmitted disease, the results had to be forward to the health department.
D. a and b
E. b and c
b and c
Johnny Doolittle died as a result of an adverse reaction to a medication administered during surgery at Getwell Hospital, a Joint Commission-accredited facility. The hospital had consistently failed to enforce Joint Commission standards requiring the presence of a complete history and physical exam on the patient’s chart prior to surgery. Because of the absence of a history and physical exam on the patient’s chart and the information it would have contained regarding drug allergies, the hospital may be found to have committed_________
a. Breach of duty
b. Breach of contract
c. Breach of agreement
d. Breach of responsibility
Breach of duty
The following legal doctrine was widely recognized by the courts until the landmark ruling of Darling v. Charleston Community Memorial Hospital was issued.
A. Charitable immunity
B. Corporate negligence
C. Proximate cause
D. Vicarious liability
Charitable immunity
Conduct that places a person in reasonable apprehension of being touched in a manner that is insulting, provoking, or physically injurious is called_______
a. Assault
b. Battery
c. Defamation
d. Unlawful touching
Assault
The burden of proof falls upon the defendant, contrary to the usual burden of proof requirement, except in cases that apply this principle __________.
A. Stare decisis
B. Informed refusal
C. Res ipsa loquitur
D. Respondeat superior
Res ipsa loquitur
The negligent tort of misfeasance refers to which of the following statements?
A. Characterized by the additional element of intentional conduct in that such conduct is intended to cause damage
B. Failure to do an act that a person is under a duty to do and that a person of ordinary prudence would have done under the same or similar circumstances
C. Improper performance of an act that a person might lawfully do or active misconduct that causes injury to another
D. What an individual is expected to do or not do in a particular situation
Improper performance of an act that a person might lawfully do or active misconduct that causes injury to another
The negligent tort of malfeasance refers to which of the following statements?
A. Characterized by the performance of a wrongful act that may be unlawful
B. Failure to do an act that a person is under a duty to do and that a person of ordinary prudence would have done under the same or similar circumstances
C. Improper performance of an act that a person might lawfully do or active misconduct that causes injury to another
D. What an individual is expected to do or not do in a particular situation
Characterized by the performance of a wrongful act that may be unlawful
Which elements must be present in order for damages in a negligence action to be awarded?
a. Assumption of risk, injury, duty of care, causation
b. Injury, duty of care, breach of duty, causation
c. Injury, assumption of risk, breach of duty causation
d. Injury, duty of care, respondeat superior, breach of duty
Injury, duty of care, breach of duty, causation
The negligent tort of nonfeasance refers to which of the following statements?
A. Characterized by the additional element of intentional conduct in that such conduct is intended to cause damage
B. Failure to do an act that a person is under a duty to do and that a person of ordinary prudence would have done under the same or similar circumstances
C. Improper performance of an act that a person might lawfully do or active misconduct that causes injury to another
D. What an individual is expected to do or not do in a particular situation
Failure to do an act that a person is under a duty to do and that a person of ordinary prudence would have done under the same or similar circumstances
What legal concept maybe applied when Dr. Smith failed to prescribe the appropriate treatment for a patient that would have been prescribed by any other physician in a similar situation treating a patient with a similar condition?
A. Affirmative defense
B. Criminal tort
C. Standard of care
D. Strict liability
Standard of care
During hospitalization, Mrs. Jones went into shock. Hot water bags and other restoratives were ordered by the attending physician. Because the temperature of the hot water bags was too high, and not checked by the nurse, Mrs. Jones suffered painful and permanent injuries. In this instance who may be sued under the doctrine of respondeat superior?
a. Nurse
b. Physician
c. Hospital
d. Doctrine of respondeat superior is not applicable in this situation.
Hospital
In this negligent case, Dr. Smith was found to be 50 percent responsible for the patient’s health problem, but the jury also found that the patient was 50 percent responsible for his problem and thus was awarded 50 of the damages. What defense doctrine is applied in this situation?
A. Assumption of risk
B. Comparative negligence
C. Contributory negligence
D. Rescue doctrine
Comparative negligence
Mary Jones stopped to help an individual who was in a car crash. The individual later brought a civil case against Ms. Jones alleging she contributed to injuries the person received at the site of the accident although Ms. Jones had nothing to do with the accident. What defense from liability may Ms. Jones rely on in this situation?
A. Collateral immunity
B. Good Samaritan immunity
C. Government immunity
D. Sovereign immunity
Good Samaritan immunity
What type of defamation of character occurs when a false oral communication is made about an individual?
A. Assault
B. Battery
C. Libel
D. Slander
Slander
What type of defamation of character occurs when a false communication is made in writing about an individual?
A. Assault
B. Battery
C. Libel
D. Slander
Libel
What are the two types of causation necessary to meet the “causation” element of negligence?
a. Actual and proximate
b. Real and proximate
c. Relative and actual
d. Relative and proximate
Actual and proximate
What is the term used to denote the liability of an employer for the acts of its employees?
A. Respondeat superior
B. Res ipsa loquitur
C. Corporate negligence
D. Subpoena duces tecum
Respondeat superior
Which of the following characterizes a corporation?
A. It is separate from its owners or incorporators
B. It can sue or be sued
C. It can continue to exist despite an owner’s death
D. All of the above
All of the above
Which of the following is/are required for a legal contract to be formed?
A. Offer,
B. Legally competent parties
C. Consideration
D. All of the above
All of the above
Express contracts are __________.
A. Written
B. Implied
C. Written or spoken
D. None of the above
Written or spoken
Five years ago, 75 percent of cardiac patients in Hart County sought services at Regency Health because of the national reputation of the skill of its medical staff. Now, five years later, 80 percent of cardiac patients in Hart County seek services at Regency Health because of its continued national reputation and the completion of a new cardiac outpatient center. Which of the following statements is true?
A. Regency Health’s actions cannot be considered antitrust violations because the increase in volume is less than the Sherman Act’s threshold of 20 percent in five years
B. Regency Health’s has committed a “per se” violation of antitrust law
C. The 5 percent increase in patient volume is, on its fact, an “unreasonable” restraint of trade in Hart County
D. Regency Health’s actions may not be antitrust violations because of the superior skill of its medical staff
Regency Health’s actions may not be antitrust violations because of the superior skill of its medical staff
A not-for-profit corporation may _______.
A. Not make a profit
B. Not make a profit for five years in a row
C. Pay reasonable salaries to its employees
D. Distribute its income for individuals’ private gain
Pay reasonable salaries to its employees
Tax-exempt organizations must be __________.
A. For-profit
B. Not-for-profit
C. Either a or b
D. Neither a nor b
Not-for-profit
Dr. Jones and Dr. Smith own a medical practice that has existed as a general partnership. They wish to incorporate. Advantages of incorporating include __________.
- Shielding Dr. Jones and Dr. Smith from personal liability
- Tax-exempt status for Dr. Jones and Dr. Smith
- Automatic not-for-profit status of the medical practice
- Allowing the practice to continue to exist even if Dr. Jones or Dr. Smith dies
A. 2 and 3
B. 2 and 4
C. 1 and 4
D. 1 and 3
1 and 4
The Sherman Act __________.
A, Prohibits tax-exempt status for for-profit organizations
B. Prohibits tax-exempt status for profitable healthcare organizations
C. Prohibits concerted activities with the goal of restraining trade
D. Prohibits organizations from competing with one another
Prohibits concerted activities with the goal of restraining trade
Community Hospital and Mercy Hospital created a new corporation, Community-Mercy Hospital, Inc. Community Hospital and Mercy Hospital each ceased to exist as individual organizations. This process that has taken place is ________.
A. consolidation
B. acquisition
C. merger
D. joint venture
consolidation
Bylaws ___________.
A. Are the internal rules of an organization
B. Are the regulations of government agencies
C. Cannot be modified once they are created
D. Are none of the above
Are the internal rules of an organization
“Piercing the corporate veil” refers to _________.
A. allowing a corporation to be taxed
B. allowing owners to realize additional profits
C. holding corporation owners liable for illegal acts
D. disclosing corporate secrets to the media.
holding corporation owners liable for illegal acts
A not-for-profit corporation that is formed for a charitable purpose _________.
A. Is subject to federal and state taxes
B. May distribute its income for individuals’ private gain
C. Must meet IRS-established criteria to be tax-exempt
D. Must provide charity care to anyone who is unable to pay
Must meet IRS-established criteria to be tax-exempt
Duty of loyalty is one component of __________.
A. Duty of responsibility
B. Fiduciary duty
C. Consolidation
D. Antitrust law
Fiduciary duty
General Hospital is 1000-bed facility. Mercy Hospital is a 100-bed hospital. They join the form one corporation, which is named General Hospital. The Restructuring that has most likely occurred is a _____.
A. Merger
B. Acquisition
C. Consolidation
D. None of the above
Acquisition
If parties to a contract agree to hold each other harmless for each other’s actions or inactions, this is referred to as a(n) __________.
A. Liability
B. Offer
C. Indemnification
D. Warranty
Indemnification
Which of the following offers both civil and criminal penalties?
A. Sherman Act
B. Clayton Act
C. Federal Trade Commission Act
D. None of the above
Sherman Act
A physician has been found to have breached his contract with a patient through abandonment. As a remedy, the court may order that the physician continue to treat the patient until the patient can find a new provider. In this case, the remedy is _________.
A. compensatory damages
B. specific performance
C. a warranty
D. all of the above
specific performance
NonCompete agreements _______.
A. Might violate antitrust law
B. Represent a horizontal restraint of trade
C. Are exculpatory contracts
D. Are invalid if they are not in writing
Might violate antitrust law
When competitors agree to fix prices to divide the market, they are committing __________.
A. Fraud
B. Horizontal restraint of trade
C. Duess
D. Vertical restraint of trade
Horizontal restraint of trade
Which of the following is a defense doctrine used by HIT vendors?
A. Learned intermediary
B. Duty to warn
C. Ultra vires
D. Warranty
Learned intermediary
Ultra vires acts are those that __________.
A. Exceed a corporations powers
B. Are within a corporation’s powers
C. Bolster a corporation financially
D. Cause a corporation to suffer financially
Exceed a corporations powers
Mary has been deposed via a subpoena duces tecum. As the HIM director of General Hospital, she will bring the health record of a patient. Of the following options, what will Mary’s role be?
A. Authenticate the record’s validity
B. Decipher the physicians’ illegible handwriting
C. Read the record to a judge
D. Interpret the record’s entries
Authenticate the record’s validity
A subpoena ________.
A. May be issued by a party’s attorney
B. Is the same as a court order
C. Is a method of discovery
D. Is used only in civil cases
May be issued by a party’s attorney
Mrs. Black sued Mr. Brown for failing to return the mechanics of a clock to her after he failed to build a clock case. Mr. Brown ignored Mrs. Black’s lawsuit, and she won a judgment of $1000.00. The court encumbered Mr. Brown’s property so that, when he tried to sell it three years later, he was unable to take any profit from the sale until Mrs. Black was first paid. This collection is called________.
A. Equity
B. Judgement lien
C. Garnishment
D. Writ of execution
Judgement lien
Relevant evidence __________.
a. Favors the defendant
b. Favors the plaintiff
c. Cannot be prejudicial against either party in a lawsuit
d. Tends to make the existence of a fact more or less probable
Tends to make the existence of a fact more or less probable
Whether or not information may be introduced formally into evidence at a trial depends on what evidentiary concept?
a. Admissibility
b. Discoverability
c. Burden of proof
d. Case law
Admissibility
Authentication of a record refers to __________.
a. Establishment of its baseline trustworthiness
b. The type of electronic operating system on which it was created
c. The identity of the individual who notarized it
d. Its relevance
Establishment of its baseline trustworthiness
Use of EHR metadata __________.
a. Enables the compilation of all of a patient’s treatment encounters in an EHR
b. Determine when and how a document in the EHR may have been modified
c. Is relevant when comparing it to a paper health records
d. Refers to the intentional destruction of evidence in a record
Determine when and how a document in the EHR may have been modified
The best evidence rule __________.
a. Prohibits the introduction of photocopies into evidence
b. Requires the submission of photocopies into evidence
c. Requires oral testimony instead of documentary evidence
d. Permits copies to be substituted in certain circumstances
Permits copies to be substituted in certain circumstances
A patient sued Dr Smith for negligent care. Dr Smith produced evidence showing that the patient’s poor medical outcome was due to the patient’s failure to follow his treatment plan and to take his prescribed medications. If a court allows the plantiff to only recover damages to the extent he or she was not responsible for the harm, what defense has the court applied to its final judgement?
a. Assumption of the risk
b. Contributory negligence
c. Comparative negligence
d. Comparitive risk
Comparative negligence
A scalpel was left in a patient during an exploratory laparotomy. Additional surgery was required to remove the scalpel. Based on these facts, which rule applies?
a. Res ipsa loquitur
b. Compartive negligence
c. Stare decisis
d. Contributory negligence
re ipsa loquitur
Which of the following is true of contracts?
a. They must be in writing.
b. They must be express.
c. They must contain an offer and acceptance.
d. All of the above
They must contain an offer and acceptance.
