Law & Ethics For Health Professions 7Th Edition By Karen Judson – Test Bank

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Description Law & Ethics For Health Professions 7Th Edition By Karen Judson – Test Bank Sample Questions Instant Download With Answers Chapter 03 Working in Health Care

Multiple Choice Questions 1.

A valid out-of-state license is accepted as the basis for issuing a license in a second state without reexamination. This is called: A. certification B. accreditation C. registration D. reciprocity E. endorsement Reciprocity is when a second state accepts the first state’s credentials for licensing a health care provider. Certification, registration, and accreditation are not licensure methods. Endorsement is on a case-by-case basis and infrequently used.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.5. Discuss licensure and certification as it applies to healthcare providers Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.01 Topic: Licensure, certification, registration and accreditation

2.

Which of the following credentials is a voluntary, national examination that shows the level of competency for an individual?

A. certification B. accreditation

C. registration D. reciprocity E. endorsement Certification and registration are both voluntary, but certification will require an exam.

Reciprocity is when a second state accepts the first state’s credentials for licensing a health care provider. Licensure is a mandatory process. Accreditation is used for organizations, not individuals. Endorsement is on a case-by-case basis and infrequently used.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Understand CAAHEP: IX.C.5. Discuss licensure and certification as it applies to healthcare providers Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 03.01 Topic: Licensure, certification, registration and accreditation 3.

Which of these credentials is mandatory for certain health professionals to practice in their field?

A. certification B. accreditation C. registration D. reciprocity E. licensure Licensure is a mandatory process. Reciprocity is when a second state accepts the first state’s credentials for licensing a health care provider. Certification, registration, and accreditation are not licensure methods.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.5. Discuss licensure and certification as it applies to healthcare providers Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.01 Topic: Licensure, certification, registration and accreditation

4.

A health care provider is explaining to staff members about the accreditation process. Which of the following may be accredited?

A. a pharmacist B. a hospital C. a pharmaceutical company D. a pharmacy E. a medical supply company

Accreditation is the process by which health care practitioner education programs, health care facilities, and managed care plans are officially authorized. It is the official approval for conforming to specific standards.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Understand CAAHEP: none Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 03.01 Topic: Licensure, certification, registration and accreditation 5.

A new long-term care facility is applying for accreditation of the facility. To which of the following organizations should the facility submit the accreditation application?

A. the American Health Care Association B. the National Committee for Quality Assurance C. The Joint Commission D. the Commission on Accreditation of Allied Health Education Programs E. the National Association for the Support of Long Term Care The Joint Commission accredits health care organizations that meet certain standards.

The National Committee for Quality Assurance is a recognized accrediting agency for management care plans. An accrediting agency for health care practitioner education programs is the Commission on Accreditation of Allied Health Education Programs. The American Health Care Association and the National Association for the Support of Long Term Care are industry-specific professional organizations.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Understand CAAHEP: none Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 03.01 Topic: Licensure, certification, registration and accreditation

6.

The statutes in all 50 states that govern the practice of medicine are called: A. medical practice acts B. medical licensing acts C. occupational statutes D. physician licensing acts E. national board of medical licensing A medical practice act is established in each state to govern not just licensing, but other practice standards.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.02 Topic: Physicians’ education and licensing 7.

Which of the following is not sufficient grounds for revoking a medical license?

A. conviction of a felony B. falsifying medical records C. misdiagnosis D. personal incapacity E. unprofessional conduct In the options provided, a physician may, depending on the state medical practice act, lose his or her license for conviction of a felony, falsifying medical records, incapacity, or unprofessional conduct. A misdiagnosis is not grounds for revoking a license—but that does not mean that the physician won’t be sued for the misdiagnosis.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Understand CAAHEP: IX.C.5. Discuss licensure and certification as it applies to healthcare providers Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 03.02 Topic: Physicians’ education and licensing 8.

A physician is entering a residency to complete her education. Which of the following accurately describes this process?

A. a period of practical postgraduate training in a nursing home B. a three-year period of training as an intern C. a period of practical postgraduate training in a hospital D. a four-year process that certifies the physician as a NBME Diplomate E. a one-year period of training as an intern In order to complete a residency, the physician must complete a period practical postgraduate training, usually in a hospital. The first year of residency is called an internship. After the completion of the internship, and passing the medical boards, the National Board of Medical Examiners certifies the physician as an NBME Diplomate.

ABHES: none Accessibility: Keyboard Navigation CAAHEP: none Difficulty: 3 Hard Est Time: 0-1 minute Learning Outcome: 03.02 Topic: Physicians’ education and licensing

9.

Most medical training is provided in tertiary care settings. Which of the following is an example of a tertiary care setting?

A. physician’s office B. trauma center C. mobile clinic serving migrant workers D. community health care clinic E. walk in clinic Tertiary care settings are those providing highly specialized services, such as would be found in a trauma center. Physician offices, mobile or community health care clinics, and walk-in clinics are primary care settings. Medical residents may spend some time in primary care settings, but the predominant model is trauma and hospitals.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Understand CAAHEP: none Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 03.02 Topic: Physicians’ education and licensing

10.

Both Doctors of Medicine (MDs) and Doctors of Osteopathy (DOs) follow requirements to obtain a degree in their field. Which of the following is the basic difference between these two degrees?

A. MDs require more years of training to complete the program.

B. DOs require more years of training to complete the program.

C. DOs are not allowed to prescribe drugs.

D. MDs are not allowed to practice surgery.

E. MDs are trained in allopathic medicine.

MDs and DOs both spend 12 years or more training to become physicians. Both medical and osteopathic surgeons prescribe drugs and practice surgery. Osteopathic doctors are trained to emphasize the musculoskeletal system and the correction of joint and tissue problems. Medical doctors (MDs) are trained in allopathic medicine, which means “different suffering,” and there is an emphasis on intervention in the form of drugs and/or surgery to alleviate symptoms.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.02 Topic: Physicians’ education and licensing

11.

Which practice management system allows for a sharing of expenses without sharing profits and liability?

A. associate practice B. partnership C. sole proprietorship D. group practice E. corporation An associate practice is one where space and staff may be shared, but not profits or liabilities. In a sole proprietorship, there is only one practitioner. Partnerships, group practices, and corporations share not only profits, but losses and liabilities.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.03 Topic: Medical practices management systems 12.

Medical practices are being consolidated in many forms. Which of the following is not one of those forms?

A. associate practice B. partnership C. sole proprietorship D. group practice E. corporation Sole proprietorships are no longer a popular way to practice medicine. In an associate practice, space and staff may be shared, but not profits or liabilities. Partnerships, group practices, and corporations share not only profits, but losses and liabilities. Because of higher technology costs, more managed care, and reduced reimbursements, most physicians practice in some kind of group arrangement.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.03 Topic: Medical practices management systems

13.

Which of the settings below provides limited liability for the providers?

A. associate practice

B. partnership C. sole proprietorship D. group practice E. professional corporation While some group practices may be able to establish a limited liability, only corporate practices ensure limited liability.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.03 Topic: Medical practices management systems 14.

Insured patients must designate a primary care provider (PCP) under which type of plan?

A. indemnity plan B. point-of-service plan C. preferred provider plan D. independent practice plan E. open access plan A preferred provider plan usually requires that you select a primary care provider. While the other plans may prefer that you have a PCP, it is not usually required.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Understand CAAHEP: VII.C.2. Identify models of managed care Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 03.04 Topic: Types of managed care

15.

A copayment is A. a percentage of the fee for services provided that the patient pays.

B. a set amount that each patient pays for each office visit.

C. a portion of the fee that the physician must write off.

D. the actual payment the insurance company makes to the provider.

E. a capitation payment.

A copay and coinsurance are both related to what the patient pays. However, coinsurance is always a percentage, not a set fee.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.04 Topic: Types of managed care 16.

When physicians, hospitals, and other health care providers contract with one or more HMOs or directly with employers to provide care, it is called a(n) A. health maintenance plan.

B. physician hospital organization.

C. fee-for-service plan.

D. indemnity plan.

E. open access plan.

In many areas, physicians and hospitals join forces to negotiate with the HMOs or large employers to provide care. A fee-for-service plan and an open access plan focus on patient choice, while an indemnity plan is a more traditional insurance plan, sometimes called fee-for-service.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: VII.C.2. Identify models of managed care Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.04 Topic: Types of managed care

17.

Under this concept, a patient is established with a physician in a primary care group practice that provides a long-term partnership between the patient and providers in the group practice and also provides enhanced access for patients.

A. health maintenance plan B. primary care medical home C. patient-centered medical home D. independent practice home E. open access plan A patient-centered medical home (PCMH) provides the patient with a team of physicians and other staff whose focus is on coordination of care and shared decision making. This is a relatively new concept in managed care.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: VII.C.2. Identify models of managed care

Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.04 Topic: Types of managed care 18.

Coinsurance is A. a percentage of the fee for services provided that the patient pays.

B. a set amount that each patient pays for each office visit.

C. a portion of the fee that the physician must write off.

D. the actual payment the insurance company makes to the provider.

E. a capitation payment.

A copay and co-insurance are both related to what the patient pays. Coinsurance is always a percentage, not a set fee.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.04 Topic: Types of managed care

19.

A method used by a health plan to measure the amount and appropriateness of health services used by its members is called a(n) A. coinsurance review.

B. capitation review.

C. accountable care review.

D. formulary review.

E. utilization review.

A utilization review is the method used by health plans to measure appropriate services.

A formulary is a list of approved prescriptions for which it will reimburse subscribers.

Capitation is a set advance payment made to providers, and coinsurance refers to the amount of money that insurance plan members pay out of pocket.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.04 Topic: Types of managed care 20.

Under this type of plan, a patient may see providers outside the plan, but the patient pays a higher portion of the fees.

A. health maintenance plan.

B. indemnity plan.

C. fee for service plan.

D. preferred provider plan.

E. open access plan.

In a preferred provider plan, patients have a monetary incentive to stay within the preferred provider plan, but they have a choice of seeking care outside the plan and can seek some reimbursement. An HMO-enrolled patient is prohibited from going outside the plan. Indemnity plans, fee-for-service plans, and open access plans allow patients to see physicians of their choosing.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Understand CAAHEP: VII.C.2. Identify models of managed care Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 03.04 Topic: Types of managed care 21.

What federal legislation created health insurance exchanges that provide individuals with an ability to purchase insurance?

A. Health Insurance Portability and Accountability Act B. Health Care and Education Reconciliation Act C. Healthcare Integrity and Protection Data Bank Act D. Patient Protection and Affordable Care Act E. Health Care Quality Improvement Act The Patient Protection and Affordable Care Act, passed in 2010, better known as the Affordable Care Act, provided for a health insurance exchange process that was put into place in 2014. This process allowed many individuals to purchase low-cost health insurance subsidized by the federal government based on income status. The Health Care and Education Reconciliation Act had a variety of student loan provisions and support for training programs.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.05 Topic: Legislation affecting health care plans 22.

What federal legislation provided employees the ability to keep health insurance coverage when transferring to another job?

A. Health Insurance Portability and Accountability Act B. Health Care and Education Reconciliation Act

C. Healthcare Integrity and Protection Data Bank Act D. Patient Protection and Affordable Care Act E. Health Care Quality Improvement Act While most people know that the Health Insurance Portability and Accountability Act (HIPAA) is known for its privacy and security provisions, it is also responsible for creating the law that allows individuals to keep health insurance coverage when moving from job to job. The Patient Protection and Affordable Care Act, better known as the Affordable Care Act, provided for a variety of new opportunities to purchase health insurance. The Health Care and Education Reconciliation Act had a variety of student loan provisions and support for training programs. The Health Care Quality Improvement Act created the national Practitioner Data Bank.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Understand CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.05 Topic: Legislation affecting health care plans

23.

The National Practitioner Data Bank may disclose information to which of the following groups?

A. medical malpractice insurers B. defense attorneys C. state licensing boards D. the general public E. state legislators State licensing boards are entitled to the information. Only hospitals conducting professional review and other health care entities with formal peer review programs, a self-query, and some plaintiffs’ attorneys under certain circumstances may access the information.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.05 Topic: Legislation affecting health care plans 24.

As a provision of the Accountable Care Act, health care insurers were encouraged to unite with health care providers to form what type of an organization?

A. health maintenance organization B. preferred provider organization

C. open access plan D. accountable care organization E. indemnity plan The Affordable Care Act created opportunities to form Accountable Care Organizations.

These ACOs make a commitment to help specific patients with chronic illnesses. The ACOs were in their beginning stages when the book was published. Health maintenance organizations, preferred providers, open access, and indemnity plans are all forms of provider reimbursement plans that were in place before the ACA became law.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.05 Topic: Legislation affecting health care plans

25.

Under the provisions in the Affordable Care Act, insurance companies must cover dependent children up to age ___.

A. 22 B. 23 C. 24 D. 25 E. 26 The Affordable Care Act requires insurance companies to cover dependent children until age 26, as long as the parents have coverage.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.05 Topic: Legislation affecting health care plans 26.

A physician is undergoing professional peer review related to an incident of fraud in his practice. Which federal law requires that professional peer review action be taken in this case and also limits the damages for the professional review?

A. Health Care and Education Reconciliation Act B. Health Insurance Portability and Accountability Act C. Healthcare Integrity and Protection Data Bank Act D. Patient Protection and Affordable Care Act E. Health Care Quality Improvement Act

The Healthcare Quality Improvement Act requires that professional peer review be done in certain cases. It also created the National Practitioner Data Bank. The Patient Protection and Affordable Care Act, better known as the Affordable Care Act, provided for a variety of new opportunities to purchase health insurance. The Health Care and Education Reconciliation Act had a variety of student loan provisions and support for training programs. Health Insurance Portability and Accountability Act (HIPAA) is known for its privacy and security provisions.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.05 Topic: Legislation affecting health care plans 27.

A remote consultation with physicians or other health care professionals is called A. social media.

B. patient monitoring.

C. open access.

D. telemedicine.

E. closed-circuit television.

Telemedicine refers to remote consultations with physicians or other health care professionals. Social media began as social networking, but is also now being used with health care. Patient monitoring may be done by closed-circuit television as a form of telemedicine.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Understand CAAHEP: none Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 03.06 Topic: Telemedicine 28.

A patient portal is A. online access to a variety of health care services and communications with providers.

B. an educational program for patients.

C. an educational program for providers.

D. a medical device to provide nutrients to patients.

E. an educational program for family members of dying patients.

A patient portal is a secure online Web site that gives patients 24-hour availability to health care providers. Educational programs are one feature of a patient portal, but there are many others.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.06 Topic: Telemedicine

29.

Facebook, Twitter, and blogs are examples of A. wikis B. discussion sites C. social media D. telemedicine E. closed-circuit television According to a 2012 report from the Health Research Institute, the various types of social media have become a part of our health care delivery system. Wikis and discussion sites are two other examples of social media.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Understand CAAHEP: none Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 03.06 Topic: Telemedicine 30.

The most popular mobile medical app function is A. exercise programs.

B. general medical reference.

C. drug references.

D. billing information.

E. diagnostic support.

Recent surveys indicate that information about prescription medications is the most popular use of mobile medical app functions. General medical references and exercise programs are also popular with consumers, and providers use mobile medical apps for diagnostic support and billing. As the mobile medical apps grow, other applications may become more popular.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none

Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.06 Topic: Telemedicine

Short Answer Questions 31.

What is the difference between licensure and certification?

Licensure is a mandatory credentialing process, and certification is a voluntary credentialing process.

ABHES: none Bloom’s: Remember CAAHEP: IX.C.5. Discuss licensure and certification as it applies to healthcare providers Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.01 Topic: Licensure, certification, registration and accreditation 32.

The term that refers to a process for officially authorizing or approving health care practitioners, education programs, health care facilities, and managed care plans is called: Accreditation is official authorization or approval for conforming to a specified standard.

ABHES: none Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.01 Topic: Licensure, certification, registration and accreditation 33.

When two or more physicians decide to practice individually, what is this type of practice known as?

It is known as an associate practice.

ABHES: none Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.03 Topic: Medical practices management systems

34.

Health insurance that covers the insured against a potential loss of money from medical expenses resulting from an illness or accident is known as: Indemnity insurance. Indemnity is a traditional form of health insurance.

ABHES: none Bloom’s: Remember CAAHEP: VII.C.2. Identify models of managed care Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 03.04 Topic: Types of managed care Chapter 05 Professional Liability and Medical Malpractice

Multiple Choice Questions 1.

The definition of liability is: A. the legal responsibility of competent adults for their own acts B. applied only to on-the-job acts C. duty of care D. standard of care E. confidentiality Liability is the legal responsibility of all competent adults to be responsible for their own acts, both on the job and in their private lives. Duty of care is the legal obligation of health care workers to patients, and sometimes to non-patients. Standard of care is the level of performance expected of a health care professional, and confidentiality is the act of holding information in confidence.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.6. Describe liability, professional, personal injury, and third party insurance Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.01 Topic: Liability 2.

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

A. the practice’s buildings and grounds B. automobiles used in the practice C. employee safety

D. employees driving to and from the workplace E. building damage due to bad weather Employers are not responsible for employees traveling to and from work. However, if the employee must use their personal automobile for the employer’s purposes during the day, then the employer is liable. Employers are also responsible for the building and grounds and employee safety.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.6. Describe liability, professional, personal injury, and third party insurance Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.01 Topic: Liability 3.

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?

A. standard of care B. duty of care C. reasonable person standard D. reasonable person care E. performance standard Duty of care is the obligation of health care workers to patients, and in some cases, nonpatients. Physicians have a duty of care to patients with whom they have established a doctor–patient relationship, or in the case above been hired to treat. Standard of care refers to the level of performance expected of a health care practitioner in carrying out his or her professional duties. The reasonable person standard or care means the physician or other provider may be charged with negligence if someone is injured because he or she failed to perform an act that a reasonable person, in similar circumstances, would perform.

ABHES: 4.c. Follow established policies when initiating or terminating medical treatment Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.7. Compare and contrast physician and medical assistant roles in terms of standard of care Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.02 Topic: Standard of care and duty of care 4.

A physician working in a nursing home warns the residents of an outbreak of a communicable disease and takes measures to protect them from exposure. This is an example of what principle?

A. standard of care B. reasonable person care C. reasonable person standard D. duty of care E. performance standard Duty of care is the obligation of health care workers to patients, and in some cases, nonpatients. Physicians have a duty of care to patients with whom they have established a doctor–patient relationship, or in the case above been hired to treat. Standard of care refers to the level of performance expected of a health care practitioner in carrying out his or her professional duties. The reasonable person standard or care means the physician or other provider may be charged with negligence if someone is injured because he or she failed to perform an act that a reasonable person, in similar circumstances, would perform.

ABHES: 4.e. Perform risk management procedures Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.7. Compare and contrast physician and medical assistant roles in terms of standard of care Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.02 Topic: Standard of care and duty of care 5.

A medical assistant takes universal precautions while drawing blood for analysis.

This is an example of: A. standard of care B. reasonable person care C. reasonable person standard D. duty of care E. performance standard Standard of care refers to the level of performance expected of a health care practitioner in carrying out his or her professional duties. The reasonable person standard or care means that an individual would be charged with negligence if someone is injured because he or she failed to perform an act that a reasonable person, in similar circumstances, would perform. It is reasonable to assume that universal precautions are necessary when drawing blood.

ABHES: 4.f. Comply with federal, state, and local health laws and regulations as they relate to healthcare settings Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.P.4. Practice within the standard of care for a medical assistant Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.02 Topic: Standard of care and duty of care

6.

If a patient is injured because a health care professional failed to exercise the care and expertise that under the circumstances could reasonably be expected of a professional with similar experience and training, then that professional may be liable for A. standard of care.

B. fraud.

C. reasonable person standard.

D. duty of care.

E. negligence.

Health care professionals are expected to behave as a reasonable person would in order to avoid liability for negligence. Standard of care refers to the level of performance expected, and duty of care is a legal obligation.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.10.a. Explain how the following impact the medical assistant’s practice and give examples: negligence Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 05.02 Topic: Standard of care and duty of care 7.

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

A. The physician will be held to the same standard of care as a general practitioner.

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

C. The physician will be held to a lower standard of care than a gynecologist.

D. The physician will be held to the same standard as a gynecologist.

E. The physician will be held to a standard of care only for direct patient contact.

An obstetrician will be held to the same standard of care as other obstetricians. Direct patient contact is not always necessary for establishing a duty.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.7. Compare and contrast physician and medical assistant roles in terms of standard of care Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 05.02 Topic: Standard of care and duty of care 8.

In a hospital, a certain standard of care is expected of health care practitioners.

Which of the following best describes this concept?

A. legal responsibility B. minimum care as needed C. an expected level of performance

D. obligation to care E. reasonable person standard An expected level of performance is referred to as a standard of care.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.7. Compare and contrast physician and medical assistant roles in terms of standard of care Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 05.02 Topic: Standard of care and duty of care 9.

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

A. not allowing the patient to see the medical record B. not conferring with other health care professionals about the patient C. not releasing patient information to unauthorized individuals D. releasing patient information to unauthorized individuals E. releasing information to the insurance company All health care professionals have a legal duty to safeguard a patient’s privacy and maintain confidentiality. Confidentiality is the act of holding information in confidence, not to be released without authorization from the patient.

ABHES: 4.b. Institute federal and state guidelines when releasing medical records or information Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.2. Explore issue of confidentiality as it applies to the medical assistant CAAHEP: IX.P.1. Respond to issues of confidentiality Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 05.03 Topic: Privacy, confidentiality and privileged communication 10.

Which of the following is an example of a privileged communication?

A. A patient tells her physician that she uses illegal drugs.

B. A custodian speaks with a nurse about a problem with a disinfectant.

C. Parents discuss treatment options for their child who has autism.

D. A nurse practitioner explains a procedure to a patient.

E. An office clerk calls a patient by name at the check-out desk.

Privileged communication refers to information held confidential within a protected relationship. Explaining a procedure to a patient is an example of informed consent.

ABHES: 4.b. Institute federal and state guidelines when releasing medical records or information Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.2. Explore issue of confidentiality as it applies to the medical assistant CAAHEP: IX.P.1. Respond to issues of confidentiality Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 05.03 Topic: Privacy, confidentiality and privileged communication 11.

Which of the following is not a violation of patient confidentiality?

A. While the patient is in the waiting room, a nurse tells a patient his diagnosis.

B. Medical assistants are discussing a patient by name outside the exam room.

C. A nurse leaves a detailed message about his/her diagnosis on the patient’s voice mail.

D. A radiology technician discusses with the patient results of the x-rays.

E. An office clerk calls a patient by name at the check-out desk.

Addressing a patient by name in a public place is not a violation of patient confidentiality, as long as no medical information is shared. Discussing a patient’s care when others may hear it, including leaving voice mail messages are violations of confidentiality. A radiology technician’s discussion of results is a violation of both confidentiality and the technician’s scope of practice.

ABHES: 4.b. Institute federal and state guidelines when releasing medical records or information Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.2. Explore issue of confidentiality as it applies to the medical assistant CAAHEP: IX.P.1. Respond to issues of confidentiality Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 05.03 Topic: Privacy, confidentiality and privileged communication 12.

The failure to act when one should is called: A. malfeasance B. nonfeasance C. damages D. dereliction E. misfeasance Nonfeasance is the failure to act. Malfeasance is to act in a wrongful or unlawful way.

Damages are the legally recognizable injury to a patient. Dereliction is when the health care provider breached duty of care.

ABHES: 4.e. Perform risk management procedures Accessibility: Keyboard Navigation Bloom’s: Remember

CAAHEP: IX.C.10.a. Explain how the following impact the medical assistant’s practice and give examples: negligence Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 05.04 Topic: The tort of negligence 13.

A provider breaches duty of care to a patient. This element of negligence is defined as: A. malfeasance B. nonfeasance C. damages D. dereliction E. misfeasance Dereliction is when the health care provider breached duty of care. Nonfeasance is the failure to act. Malfeasance is to act in a wrongful or unlawful way. Damages are the legally recognizable injury to a patient.

ABHES: 4.e. Perform risk management procedures Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.10.a. Explain how the following impact the medical assistant’s practice and give examples: negligence Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 05.04 Topic: The tort of negligence 14.

A patient is properly cared for by the nurse practitioner. Which of the following describes one of the elements that the nurse practitioner has successfully met?

A. dereliction B. defense C. damages D. direct cause E. duty Duty is the provision of care. Dereliction is when the health care provider breached duty of care. Damages are the legally recognizable injury to a patient. Direct cause is when the provider’s actions were a direct cause of the patient’s injury.

ABHES: 4.e. Perform risk management procedures Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.10.a. Explain how the following impact the medical assistant’s practice and give examples: negligence Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 05.04 Topic: The tort of negligence

15.

A surgeon removes the wrong kidney from a patient. The patient can sue under which of the following legal doctrines?

A. res judicata B. respondeat superior C. res ipsa loquitur D. caveat emptor E. qui tam Res ipsa loquitur is also known as the doctrine of common knowledge, meaning that the mistake is so obvious that negligence is obvious. Res judicata is the Latin term for the thing has been decided, i.e., a claim cannot be retried if it has been legally resolved. Respondeat superior is Latin for let the master answer, which means that the employer is responsible for the acts of the employee. Caveat emptor is Latin for buyer beware. Qui tam refers to a doctrine whereby a private individual who assists a prosecution can receive all or part of any penalty imposed.

ABHES: 4.e. Perform risk management procedures Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 05.04 Topic: The tort of negligence

16.

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?

A. general compensatory B. consequential C. special compensatory D. punitive E. nominal Consequential damages are used to compensate for losses caused indirectly by a product defect. General compensatory damages are used to compensate for injuries or losses due to violation of patient’s rights. Special compensatory damages are awarded for losses not directly caused by the wrong. Punitive damages are awarded to punish the offender, and nominal damages are to recognize the rights of the patient were violated, though no actual loss was proved.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.10.a. Explain how the following impact the medical assistant’s practice and give examples: negligence Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 05.04 Topic: The tort of negligence

17.

A patient’s mammogram is reviewed and the radiologist reports a normal exam.

Six months later, the patient finds a lump in her breast. The patient has a lumpectomy and makes a full recovery. It was determined that the mass was present and visible in the original mammogram. The patient sued claiming mental anguish.

What type of damages might she be awarded?

A. general compensatory B. consequential C. special compensatory D. punitive E. nominal General compensatory damages are used to compensate for injuries or losses due to violation of patient’s rights, including mental anguish. Consequential damages are used to compensate for losses caused indirectly by a product defect. Special compensatory damages are awarded for losses not directly caused by the wrong. Punitive damages are awarded to punish the offender, and nominal damages are to recognize the rights of the patient were violated, though no actual loss was proved.

ABHES: 4.e. Perform risk management procedures Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 05.04 Topic: The tort of negligence 18.

Those damages awarded by the court to punish the defendant are called: A. general compensatory B. consequential C. special compensatory D. punitive E. nominal Punitive damages are awarded to punish the offender, and nominal damages are to recognize the rights of the patient were violated, though no actual loss was proved.

General compensatory damages are used to compensate for injuries or losses due to violation of patient’s rights, including mental anguish. Consequential damages are used to compensate for losses caused indirectly by a product defect. Special compensatory damages are awarded for losses not directly caused by the wrong.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.10.a. Explain how the following impact the medical assistant’s practice and give examples: negligence Difficulty: 1 Easy

Est Time: 0-1 minute Learning Outcome: 05.04 Topic: The tort of negligence 19.

According to Physician’s Weekly, which of the following medical specialties is most likely to be sued?

A. general surgery B. internal medicine C. ob/gyn D. orthopedics E. oncology According to a report in 2013 in the publication Physician’s Weekly, internal medicine specialties were more likely to be sued than any other specialty.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.04 Topic: The tort of negligence 20.

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

A. an award to punish the health care provider B. an award totaling one year of earnings of the deceased C. an award covering medical costs for the patient D. an award providing health care for the family E. an award for the loss to the patient’s estate for future earnings When it is determined that there was a wrongful death due to negligence, the court will award damages to the patient’s estate for future earnings.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.6. Describe liability, professional, personal injury, and third party insurance CAAHEP: IX.C.7. Compare and contrast physician and medical assistant roles in terms of standard of care Difficulty: 2 Medium Est Time: 0-1 minute Learning Outcome: 05.04 Topic: The tort of negligence 21.

A plea made for a case to be reviewed by the higher court occurs in the ________ phase of a lawsuit.

A. trial B. interrogatories

C. appeal D. mediation E. pre-trial An appeal is heard after the lower court makes a decision. A trial is when the plaintiff’s and defendant’s positions are heard in open court. Interrogatories are a written set of questions from a plaintiff or defendant under oath. Mediation is a form of alternative dispute resolution. Pre-trial is activity, such as interrogatories that come before the trial.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.05 Topic: Elements of a lawsuit 22.

A jury is selected in the ________ stage of a lawsuit.

A. trial B. interrogatories C. appeal D. pre-trial E. mediation A trial is when the plaintiff’s and defendant’s positions are heard in open court. If a jury is to be selected, it is at the beginning of this stage. An appeal is heard after the lower court makes a decision. Interrogatories are a written set of questions from a plaintiff or defendant under oath. Mediation is a form of alternative dispute resolution. Pre-trial is an activity, such as interrogatories, that come before the trial.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.05 Topic: Elements of a lawsuit 23.

A(n) ______________ is issued by the clerk of the court and is delivered with a copy of the complaint to the defendant.

A. trial B. summons C. appeal D. interrogatory E. mediation A summons is issued by the court and delivered to the defendant along with a copy of the complaint. A trial is when the plaintiff’s and defendant’s positions are heard in open court. An appeal is heard after the lower court makes a decision. Interrogatories are a

written set of questions from a plaintiff or defendant under oath. Mediation is a form of alternative dispute resolution.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.05 Topic: Elements of a lawsuit 24.

What is the difference between a subpoena and subpoena duces tecum?

A. There is no difference.

B. Subpoena duces tecum is just an old fashioned term for subpoena.

C. A subpoena duces tecum requires that documents and records be brought to court.

D. A subpoena requires that an individual appear in court.

E. A subpoena requires that an individual serve on the jury.

A subpoena requires the recipient to appear in court as a witness. A subpoena duces tecum requires the individual to bring certain records and documents to court.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.05 Topic: Elements of a lawsuit 25.

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

A. trial B. jury selection C. pleadings D. summons E. interrogatories In the interrogatory phase of a lawsuit, a court order may be issued commanding the presence of an individual to provide sworn testimony outside the court. A trial is when the plaintiff’s and defendant’s positions are heard in open court. A summons is an order for the court to appear, but it could be to appear in court during the trial. Pleadings are documents filed with the court before the trial. Juries are selected just before the trial begins.

ABHES: none Accessibility: Keyboard Navigation

Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.05 Topic: Elements of a lawsuit 26.

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

A. med-arb B. discovery C. pleadings D. arbitration E. mediation Mediation is a method in which a neutral third party listens to both sides of the argument and then helps resolve the dispute. Med-arb is a combination of both mediation and arbitration. Discovery is a phase of a lawsuit. Arbitration is a method of settling a dispute where both parties agree to abide by the decision of an arbitrator and is usually established by contract. Pleadings are documents filed with court before the trial.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.06 Topic: Alternative dispute resolution 27.

Alternative dispute resolution has become increasing popular over the years.

What is the reason for this increase?

A. shortage of attorneys to represent clients B. ease of proceedings C. better overall results D. overcrowding of court calendars E. shortage of court rooms to hold trials Alternative dispute resolution has become popular over the years because the court calendars have become overcrowded. The process is not always easy and, depending on which side you are on, the better overall results could be disputed.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute

Learning Outcome: 05.06 Topic: Alternative dispute resolution 28.

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?

A. both parties B. the defendant C. the plaintiff D. the American Mediation Association E. the American Arbitration Association Under the terms of a written contract, either the American Arbitration Association or the court chooses an arbitrator.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.06 Topic: Alternative dispute resolution 29.

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

A. the mediator B. the jury C. the judge D. the court E. arbitrator In the alternative dispute resolution method called med-arb, the mediator resolves the dispute if the two parties are unable to reach an agreement after mediation.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.06 Topic: Alternative dispute resolution 30.

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

A. The American Arbitration Association B. The two parties select an arbitrator and the two arbitrators select a third to act.

C. The two parties select an arbitrator and the court decides.

D. The court selects an arbitrator of its choosing.

E. Arbitration If no contract exists, each of the two parties selects an arbitrator and the two arbitrators select a third arbitrator who works the case.

ABHES: none Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: none Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.06 Topic: Alternative dispute resolution 31.

All of the following guidelines are in place to help health care practitioners stay within their scope of practice and operate within the law except: A. following an employer’s established policies dealing with the health care contract B. maintaining and disposing of regulated substances in compliance with government guidelines C. maintaining confidentiality D. documenting care accurately for a fellow medical assistant E. practicing within the scope of your training and education Following an employer’s established policies dealing with the health care contract, maintaining and disposing of regulated substances in compliance with government guidelines, maintaining confidentiality, and practicing within the scope of your training and education are all guidelines established to help health care practitioners stay within their scope of practice and operate within the law. Documenting, although accurately, for a fellow medical assistant is not lawful. Only the practitioner who provides patient care should document services rendered.

ABHES: 4.c. Follow established policies when initiating or terminating medical treatment Accessibility: Keyboard Navigation Bloom’s: Remember CAAHEP: IX.C.7. Compare and contrast physician and medical assistant roles in terms of standard of care Difficulty: 1 Easy Est Time: 0-1 minute Learning Outcome: 05.02 Topic: Standard of care and duty of care