Test bank for legal and ethical issues for health professions 3rd edition

Test Bank for Legal and Ethical Issues for Health Professions 3rd Edition

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Chapter 06: The Medical Malpractice Lawsuit and the Trial Process Test Bank MULTIPLE CHOICE 1. Which of the following students might be guilty of ordinary negligence? a. The student explains a procedure to a patient using a patient information sheet as a

prompt. b. The student draws blood from the patient for lab tests to be performed that day,

though no one told her directly to do so. c. The student eats an orange while talking with a patient in the reception area. d. The student moves a patient in a wheelchair at a high speed and does not use wheel

brakes during stops.

ANS: D

Ordinary negligence is conduct that involves unreasonable risk of harm. The student’s reckless behavior would be considered ordinary negligence.

DIF: Cognitive Level: Application

REF: pp. 84-87

2. Which situation does not illustrate determination of the existence of a duty that has been

breached? a. A physician mistakenly removes healthy ovaries from a 23-year-old patient. b. A radiology technician is reprimanded more than 5 times in writing regarding his inability to perform his job accurately. c. A physician’s liability insurance has been canceled 12 times. d. A nurse performs within the scope of her duties.

ANS: D

The physician removing the ovaries has caused harm to the patient, and the radiology technician could have caused harm that occurs in the future, as could the physician whose liability insurance has been canceled so often. A nurse performing within the scope of her duties is fulfilling her duty to the patient.

DIF: Cognitive Level: Application

REF: pp. 85-87

3. What is the term for failure to use or not use the same care as used by a reasonably prudent

person? a. Negligence b. Malpractice c. Abuse d. Battery ANS: A

Negligence is a tort in the U.S. court system.

DIF: Cognitive Level: Knowledge

REF: p. 86

4. An individual’s responsibility for his or her conduct for failure to meet a standard of care is

called:

a. b. c. d.

strict liability. product liability. liability. straight liability.

ANS: C

Strict liability may be proved without demonstrating fault, and product liability is related to the liability of a manufacturer or vendor for injury to a person by a given product.

DIF: Cognitive Level: Knowledge

REF: pp. 91-92

5. Which is an individual’s responsibility for his or her conduct for failure to meet a standard of

care? a. Liability b. Sentinel c. Professionalism d. Carelessness ANS: A

Liability is an individual’s responsibility for his conduct for failure to meet a standard of care or for failure to perform a duty that causes harm to a client.

DIF: Cognitive Level: Comprehension

REF: pp. 91-92

6. Allied health professionals can avoid negligence by conducting themselves in which way

when providing patient services? a. Competently b. Reasonably c. Negligently d. Under a standard of care ANS: B

Allied health professionals can avoid negligence by conducting themselves reasonably when providing patient services.

DIF: Cognitive Level: Comprehension

REF: pp. 84-87

7. Which is a patient’s compensation for injuries that he or she has sustained? a. Medical b. Emotional c. Financial d. None of the above ANS: C

Financial compensation is a patient’s compensation for any sustained injuries.

DIF: Cognitive Level: Knowledge

REF: p. 87

8. Which is a way to resolve conflicts using alternative dispute resolution? a. Negotiation b. Mediation c. Arbitration

d. All of the above ANS: D

Ways to resolve conflicts through alternative dispute resolution include negotiation, mediation, arbitration, and communication.

DIF: Cognitive Level: Comprehension

REF: pp. 83-84

9. The process by which a neutral third party facilitates dispute resolution is called: a. mediation. b. negotiation. c. arbitration. d. communication.

ANS: A

Mediation is the process in which a neutral third party facilitates and assists the parties in resolving a dispute or conflict.

DIF: Cognitive Level: Knowledge

REF: pp. 83-84

10. If a physician and patient need a controlled, structured setting, they may wish to try which of

the following? a. Mediation b. Negotiation c. Arbitration d. Communication ANS: C

Arbitration is the process of resolving issues in conflict in a more structured setting like formal litigation.

DIF: Cognitive Level: Comprehension

REF: pp. 83-84

11. What term is used to describe the amount of time a plaintiff has after an injury to file a

lawsuit? a. Statute of limitations b. Discovery rule c. Release of tortfeasor d. Respondeat superior ANS: A

Statute of limitations vary from state to state, but its purpose is to limit the amount of time after the injury or discovery of the injury (based on the discovery rule) for the plaintiff to file a lawsuit.

DIF: Cognitive Level: Knowledge

REF: p. 84

12. What are the four elements needed in a negligence case? a. Consent, dereliction of duty, direct cause, damages b. Denial, direct cause, liability, damages c. Duty, dereliction of duty, direct cause, damages d. Duty, direct cause, liability, damages

ANS: C

In order for negligence to be proven, the plaintiff must prove the defendant had a duty to perform, the defendant was derelict in his/her duty, and the damages incurred were directly related to the negligent act; and then the court determines what damages were caused by the defendant.

DIF: Cognitive Level: Knowledge

REF: p. 84

13. Damages for financial losses based on actual income and expenses are called: a. punitive. b. nominal. c. compensatory. d. none of the above.

ANS: C

Compensatory damages are financial losses based on actual income and expenses, for example. Recovery of these losses can be awarded in a court case. Punitive damages are rewarded to punish, and nominal damages are small awards given when no major damages were suffered.

DIF: Cognitive Level: Knowledge

REF: p. 87

14. Awards that are intended to punish are considered: a. compensatory. b. punitive. c. nominal. d. none of the above.

ANS: B

Punitive means “to punish” and punitive awards are usually based on an intentional act that was performed and used to punish for the wrongful act. They are usually large amounts of money.

DIF: Cognitive Level: Knowledge

REF: p. 87

15. “The thing speaks for itself” is called: a. res ipsa loquitur. b. respondeat superior. c. res judicata. d. duces tecum.

ANS: A

Res ipsa loquitur means that there is clear evidence of negligence and there was no possible way that the patient (plaintiff) could have effected a different outcome or contributed to the damages or injury.

DIF: Cognitive Level: Knowledge

REF: p. 88

16. A defendant does not want to go through a trial, and wants the issue at hand dealt with

expediently. He may use: a. a release of tortfeasor.

b. alternative dispute resolution. c. the discovery rule. d. all of the above.

ANS: B

Alternative dispute resolution can be used instead of going to trial, and can include arbitration or mediation.

DIF: Cognitive Level: Application

REF: p. 88

17. This type of defense is a denial of negligence. a. Denial b. Affirmative c. Emergency care d. Good Samaritan ANS: B

An affirmative defense asserts that the outcome was contributed to or possibly caused by other factors beyond the alleged negligence, either contributory negligence or comparative negligence.

DIF: Cognitive Level: Comprehension

REF: p. 89

18. When the defendant shows that the plaintiff’s actions or inaction was a contributing factor in

the damages, this is considered: a. ordinary negligence. b. negligence. c. comparative negligence. d. straight negligence.

ANS: C

In this form of defense, the defendant shows that the actions or inaction of the plaintiff was a contributing factor in the damages that were incurred. For example, suppose a patient suffers from complications from a surgical procedure that resulted in damages or further injury, but the patient did not follow up with the physician or notify the physician immediately that there was a problem; then the lack of follow-up by the plaintiff was partially responsible for the damages.

DIF: Cognitive Level: Comprehension

REF: p. 89

19. In this type of defense, the medical record plays the largest part of the defense. a. Affirmative b. Emergency care c. Assumption of risk d. Good Samaritan ANS: C

In assumption of risk, the medical record is the best defense, if documented properly, accurately, and completely. The records should show the entire series of events leading up to the point of the alleged negligence.

DIF: Cognitive Level: Comprehension

REF: p. 91

20. “Let the master answer” is: a. res ipsa loquitur. b. respondeat superior. c. res judicata. d. duces tecum.

ANS: B

Under the respondeat superior doctrine, the physician or provider would be liable for the actions of anyone under their employ. All parties involved would be liable for their contribution in the case, but the one held most responsible is the highest licensed of the practice and/or the employer of the individual named that caused the harm and/or showed negligence.

DIF: Cognitive Level: Knowledge

REF: pp. 85, 91

21. To help prevent malpractice, a healthcare provider should: a. work within their scope of practice. b. make promises to cure a patient. c. treat patients as if they were friends. d. with permission from a superior, work outside their job description.

ANS: A

A healthcare provider should always work within their scope of practice, or potentially face a malpractice suit. They should never make promises to a patient, and never work outside their job description. The provider should also never treat patients as if they were friend, but should always treat a patient with dignity and respect.

DIF: Cognitive Level: Comprehension

REF: p. 92

22. Who can protect a physician from liability? a. Physician assistant b. Risk management supervisor c. Registered nurse d. Hospital administrator ANS: B

The risk management supervisor can aid in protecting the provider or respondeat superior from liability. The risk management supervisor’s duties would include monitoring all aspects of prevention of malpractice and guarding the practice against issues of fraud and abuse.

DIF: Cognitive Level: Comprehension

REF: p. 92

23. The risk management supervisor is responsible for: a. talking to unruly patients. b. talking to new employees about their dress code violations. c. overseeing all written communication for patients. d. documenting employees’ time records.

ANS: C

Test Bank for Legal and Ethical Issues for Health Professions 3rd Edition

As far as communication, the risk management supervisor is responsible for ensuring that all staff members are up to date on the policies and procedures that pertain to their roles in the practice and that all HIPAA confidentiality is safeguarded, for communicating with patients, and for overseeing all written communications.

DIF: Cognitive Level: Comprehension

REF: p. 94

24. Establishing and putting into place the forms required for patient encounters, including

informed consent, and for billing is the __________’s job. a. head nurse. b. physician. c. medical assistant. d. risk management supervisor.

ANS: D

The risk management supervisor is responsible for documentation, including the establishment of the forms for patient encounters, informed consent, and billing.

DIF: Cognitive Level: Knowledge

REF: p. 94

25. Physicians can reduce their liability risks by: a. obtaining adequate diagnostic results before beginning treatment. b. double-checking dosage and medication for a patient. c. having an assistant present during examination. d. following all of the above practices.

ANS: D

All of the above should be done in addition to avoiding unnecessary use of toxic or risk tests, or treatments wherever possible.

DIF: Cognitive Level: Comprehension

REF: p. 94

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