Medical Law and Ethics Test Questions
Course Introduction
Medical Law and Ethics explores the legal frameworks and moral principles governing healthcare practice. This course examines key topics such as patient rights, informed consent, confidentiality, medical negligence, end-of-life decisions, and resource allocation. Students will analyze landmark legal cases and ethical dilemmas that healthcare professionals commonly encounter, gaining insight into how laws intersect with ethical considerations in clinical settings. Emphasis is placed on developing critical thinking and decision-making skills necessary for navigating complex situations within modern medical practice.
Recommended Textbook
Legal and Ethical Aspects of Health Information Management 3rd Edition by Dana C. McWay
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30 Chapters
838 Verified Questions
838 Flashcards
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Page 2
Chapter 1: Workings of the American Legal System
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Sample Questions
Q1) Which statement is associated with criminal law?
A)The defendant is always the state or federal government.
B)Only the plaintiff may appeal a decision.
C)Punishment may be a fine or imprisonment.
D)Federal statutes alone establish criminal law.
Answer: C
Q2) Which describes the doctrine of res judicata?
A)Appeals to a court decision are prohibited, and a plaintiff would be required to stand before the Supreme Court.
B)Final judgement of a competent court is conclusive upon the parties in any subsequent litigation involving the same cause of action.
C)Parties of a lawsuit have the option of bringing a subsequent action raising the same claim or demand.
D)Plaintiff can re-prosecute the defendant if a valid final judgment was administered by the court.
Answer: B
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3
Chapter 1: Workings of the American Legal System: Part A
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Sample Questions
Q1) The legislative branch of the federal government is responsible for:
A)applying to the doctrine of stare decisis and res judicata
B)determining the need for new laws and changes to existing laws.
C)functioning to enforce and administer laws.
D)interpreting laws using an alternate resolution of dispute (ADR).
Answer: B
Q2) Separation of powers as it pertains to the branches of federal government is in place:
A)as a way to increase the number of jobs created in the country.
B)if the president is unable to fulfill his duties and responsibilities.
C)so that no one particular branch overpowers the other branches.
D)to prevent any interaction between factions of political parties.
Answer: C
Q3) Laws passed at the local level are called:
A)felonies
B)misdemeanors
C)ordinances
D)regulations
Answer: C
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Page 4
Chapter 2: Court Systems and Legal Procedures
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Sample Questions
Q1) In addition to supplying the record, the person who possesses the record could be compelled to deliver it at a certain time and place if the request is accompanied by a:
A)request for production.
B)judicial process of health information.
C)rule of civil procedure.
D)subpoena duces tecum.
Answer: D
Q2) A deposition is a:
A)Formal request for information from another entity.
B)Request for specific documents from a health care facility.
C)Testimony provided under oath outside of the courtroom.
D)Written questions presented to a party to obtain admissions of certain fact(s).
Answer: C
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Chapter 2: Court Systems and Legal Procedures: Part A
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Sample Questions
Q1) Diversity jurisdiction is a form of subject-matter jurisdiction whereby US district courts (e.g., trial courts of general jurisdiction in the federal judiciary) have the power to hear a _____ case where the parties are "diverse" in citizenship, indicating that they are citizens of different states or non-U.S.citizens.
A)civil
B)contract
C)criminal
D)customs
Q2) When parties to a dispute come together to present evidence in court, the formal setting with authority to adjudicate claims or disputes is called a bench or jury _____.
A)appellate proceeding
B)complaint
C)hearing
D)trial
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Chapter 3: Judicial Process of Health Information
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Sample Questions
Q1) Which is a concept that describes the requirement to anticipate the need for data in a court action?
A)duty to preserve
B)litigation hold
C)order of preservsation
D)notice of preservation
Q2) The "I'm Sorry" statutes _____.
A)are the same in all states of the United States of America
B)exclude apology and admission of fault in some states
C)prevent a patient from suing for malpractice or negligence
D)result in an overabundance of lawsuits throughout the world
Q3) A litigation response plan is a _____.
A)motion to quash
B)subpoena commanding the testimony of a witness
C)subpoena duces tecum commanding the production of documents
D)tool consisting of policies and procedures that addresses how to respond to the legal process requests
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Chapter 3: Judicial Process of Health Information: Part A
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Sample Questions
Q1) Regarding ownership of health information, the health care provider owns the
A)health information
B)medium (e.g., microfilmed records)
C)provider's testimony about a case
D)reports (copies) from another provider
Q2) A subpoena ad testificandum _____.
A)authorizes disclosure of information otherwise prohibited by law
B)commands the appearance of a witness to provide testimony
C)is issued by a court to appear and present certain documents
D)seeks information stored electronically in any medium
Q3) Authorization forms signed by the patient for the release of _____ information must specifically authorize the release of this category of information.
A)HIV and AIDS
B)mental health
C)substance abuse
D)all of these
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Chapter 4: Principles of Liability
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Sample Questions
Q1) Which relationship begins with the credentialing process?
A)hospital-patient
B)hospital-physician
C)patient-physician
D)physician-patient
Q2) Medical abandonment may be applied to a patient who was _____.
A)was discharged with continued chest pain and who later died of a heart attack upon returning to her home.
B)was noncompliant regarding taking prescribed medications, for which his physician terminated his relationship.
C)unable to reach his physician who was out of town and who had arranged for his partner on call for his patients.
D)discharged with a diagnosis of false labor and who had a follow-up appointment with her obstetrician scheduled.
Q3) Res ipsa loquitur is translated as _____.
A)let the patient beware
B)let the physician decide
C)the patient is always right
D)the thing speaks for itself
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Chapter 4: Principles of Liability: Part A
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Sample Questions
Q1) Good Samaritan statutes are laws that:
A)establish a time period in which a lawsuit must commence.
B)prohibit governments from being sued without their permission.
C)protect physicians and others from civil liability.
D)shield charitable institutions from liability for torts.
Q2) Contributory negligence is:
A)an admission of mistakes that caused injury to the plaintiff (patient).
B)conduct on the part of the plaintiff that contributed to his or her injury.
C)in place to protect physicians from civil liability during emergency care.
D)the plaintiff's voluntary exposure to known danger.
Q3) Assault is an intentional tort that is defined as a(n):
A)nonintentional tort as well as a nonintentional tort.
B)physical contact involving injury or offense.
C)physician exceeding consent given by the patient.
D)threat that does not involve physical contact.
Q4) Res ipsa loquitur is Latin for:
A)a matter [already] judged.
B)let the superior [or master] respond.
C)the thing speaks for itself.
D)things done.
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Chapter 5: Ethical Standards
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Sample Questions
Q1) In the healthcare context, the distributive justice criterion of equity refers to the
A)Collateral provided against for payment of procedures performed
B)Fact that each healthcare service provided is of equal monetary value
C)Equal distribution of healthcare procedures and services to all in need
D)Resources distributed by weighing members' needs against one another
Q2) The double-effect principle refers to _____.
A)faithfulness, loyalty, and devotion to one's duties in an incompetent person
B)obligations to be fair to all people and includes fairness, honesty, impartiality
C)mentally challenged individuals or those who were once competent
D)recognizing that ethical choices may result in adverse outcomes
Q3) Morals may be defined as _____.
A)A framework for decision making
B)Principles of right conduct
C)Rules of conduct by authorities
D)The basis of healthcare
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11
Chapter 5: Ethical Standards: Part A
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Sample Questions
Q1) Deontology is the:
A)ability to decide based on adequate information and understanding of the information.
B)assertion that decision making is based on moral rules and unchanging principles.
C)balance of competing interests of individuals and groups against one another.
D)fair distribution of burdens and benefits using an independent standard.
Q2) The qualities of kindness, mercy and charity are associated with _____.
A)beneficence
B)etiquette
C)morals
D)values
Q3) Consequentialism is also known as _____.
A)deontology
B)justice
C)privacy
D)utilitarianism
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Chapter 6: Ethical Decisions and Challenges
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Sample Questions
Q1) Ethical challenges involve situations in which _____.
A)Differences in opinion have no effect
B)Just one perfect solution exists
C)Many or few provisions are included
D)There are no clear cut right answers
Q2) Insurance companies may cause an ethical dilemma by requiring _____.
A)adherence with Medicare coding practices
B)limitations of inpatient hospitalization stays
C)primary care referrals to a healthcare specialist
D)use and distribution of just formulary medications
Q3) Which requires healthcare providers to inform patients about the law and their right to make advance decisions concerning health care?
A)AHA
B)ARRA
C)HIPAA
D)PSDA
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Chapter 6: Ethical Decisions and Challenges: Part A
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Sample Questions
Q1) The first step in ethical decision making is to:
A)act as a role model
B)clearly define the issue
C)develop a course of action
D)establish a follow-up plan.
Q2) Which is an internal ethical challenge for the health information department of a health care facilities?
A)Discharging patients too soon
B)Information privacy and security
C)Life-support issues
D)Substance abuse
Q3) Which is established within an organization or profession to evaluate current guidelines and establish new guidelines?
A)covered entity
B)ethics committee
C)patient representative
D)statutory provision
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Chapter 7: Bioethical Issues
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Sample Questions
Q1) The use of the patient's own body part for tissue transplant is called _____.
A)Allograft
B)Autograft
C)Heterograft
D)Xenograft
Q2) Family planning refers to _____.
A)Abortion
B)Artificial insemination
C)Contraception
D)Controlling family size
Q3) Prenatal testing can cause _____.
A)Defective genes
B)Genetic abnormalities
C)Risk to the fetus
D)The control of hereditary factors
Q4) Which patient right is associated with the issue of HIV/AIDS?
A)Confidentiality
B)Duty to treat
C)Genetic testing
D)Prenatal surgery
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Chapter 7: Bioethical Issues: Part A
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Sample Questions
Q1) The Human Genome Project _____.
A)addresses the concern over confidentiality of genetic information
B)genetically alters organisms treat or prevent disease and conditions
C)maps the genes in human DNA, which consists of 46 human chromosomes
D)notifies employers of the genetic predisposition of a potential employee
Q2) Testing designed to determine whether an individual has the genetic makeup to be predisposed to a specific disease is called _____,
A)eugenics
B)genetic testing
C)prenatal surgery
D)prenatal testing
Q3) Which is the general term for documents that includes instructions describing the type of health care the patient wishes to receive or not receive if s/he becomes incapacitated?
A)advance directive
B)enduring power of attorney
C)equal dignity rule
D)power of attorney
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16
Chapter 8: Patient Record Requirements
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Sample Questions
Q1) A nurse writes a verbal order from a physician on the physician order sheet in the health record; the nurse is the _____ of the entry.
A)Authenticator
B)Author
C)Editor
D)Transcriber
Q2) Institutional standards of care _____.
A)Are enforceable by federal and state law
B)Can be lower than state and federal regulations
C)Do not carry the force of law
D)Have no bearing on establishing negligence
Q3) The use of physician handwritten signature stamps to authenticate health record entries _____.
A)Has been eliminated by CMS
B)Is considered acceptable by CMS
C)Proves to be a best practice standard
D)Saves time for physicians and their designees
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Chapter 8: Patient Record Requirements: Part A
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Sample Questions
Q1) When creating a facility's destruction of health records policy and procedure, the HIPAA _____ rule must be addressed.
A)accountability
B)portability
C)privacy
D)security
Q2) When a health care facility files for bankruptcy and closes, a _____ is appointed to make decisions for the bankrupt health care provider.
A)case trustee
B)federal agency
C)licensing authority
D)third-party payer
Q3) Which is an example of personal information associated with the health record?
A)Alcohol, tobacco, and work history
B)Demographic data, such as address
C)Test results and operative reports
D)Third-party payer information
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18
Chapter 9: Confidentiality and Informed Consent
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Sample Questions
Q1) The Freedom of Information Act applies to _____,
A)Governmental record-keeping only
B)HIPAA-legislated P.H.I.
C)Private sector records
D)State and federal records
Q2) The Privacy Act of 1974 _____.
A)Does not apply to government records
B)Focuses on private sector records
C)Mandates disclosure of information
D)Presumes that information be kept confidential
Q3) The health information manager must issue and post the healthcare provider's duties concerning PHI, which is called the _____.
A)Notice of Privacy Practice
B)Privacy and Confidentiality Statement
C)Protected Health Information Rule
D)Treatment, Procedures, Operations Statement
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Chapter 9: Confidentiality and Informed Consent: Part A
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Sample Questions
Q1) The focus of confidentiality is on the _____ relationship.
A)federal-state
B)patient-patient
C)patient-provider
D)provider-provider
Q2) Privacy is defined as a right to protect information _____.
A)belonging to the person individually
B)disseminated as required by law
C)that has no restrictions placed on it
D)which is considered common knowledge
Q3) Which provides instruction about the medical care to be administered or removed in the event of the patient's incapacitation?
A)living will
B)notice of privacy practice
C)power of attorney
D)redisclosure statement
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Chapter 10: Access to Health Information
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Sample Questions
Q1) Health care information is owned by the _____.
A)facility
B)government agency
C)patient
D)treating physician
Q2) Third parties are required to obtain the patient's permission when _____ wish to access the patient's protected health information.
A)Children of elderly parents
B)Accrediting and licensing agents
C)Health care facility's legal attorneys
D)Medicare and Medicaid payers
Q3) With regards to the method of disclosure, the law requires that it be made by:
A)Any method consistent with professional guidelines and institutional practices
B)Electronic transmission that includes the application of encryption software
C)Mail or other shipping method that verifies the receipt of the patient records
D)Portable media such as CD-ROM, DVD, portable hard drive, or thumb drive
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21
Chapter 10: Access to Health Information: Part A
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Sample Questions
Q1) Disclosure of _____ information always requires a judicial decision.
A)abortion
B)adoption
C)drug abuse
D)HIV or AIDS
Q2) According to HIPAA, someone who performs or assists in performing a function or activity that involves the use or disclosure of individually identifiable health information on behalf of a covered entity is called a _____.
A)business associate
B)healthcare provider
C)medical researcher
D)third-party payer
Q3) Which is a repository of personal health records (PHRs) maintained in an electronic format and operated by governmental or commercial entities, which serve as trusted custodians of the data?
A)electronic health record
B)health record bank
C)national health information network
D)personal health information
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Page 22
Chapter 11: Specialized Patient Records
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Sample Questions
Q1) Which statement about the substance abuse treatment is true?
A)Depending on their age, minors are permitted to sign a consent to treatment.
B)In certain circumstances, parental consent is required to authorize treatment.
C)Minors are not permitted to authorize the release of substance abuse information.
D)Substance abuse facilities allow either the minor or parent to authorize treatment.
Q2) State laws regarding substance abuse records _____.
A)are unnecessary as federal law extends to state jurisdiction
B)may be equal to, less restrictive, or more restrictive than federal law
C)prevent the patient's access to his own health records
D)take precedence over federal laws in the event of a conflict
Q3) A valid release of substance abuse treatment information includes a(n) _____.
A)General description about services provided to the patient
B)Overview about the programs goals and objectives
C)Provision that indemnifies the patient from any harm
D)Statement as to who is to receive the information
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Chapter 11: Specialized Patient Records: Part A
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Sample Questions
Q1) The size of specialized patient records is greater, especially with regard to _____.
A)discharge summaries
B)histories and physicals
C)operative reports
D)progress notes
Q2) Accreditation standards and professional guidelines _____.
A)are used to establish mandates of care
B)do not have the same force as statutes
C)might be less specific than Medicare CoP
D)were developed by departments of health
Q3) Which release of information method requires compliance with HIPAA regulations?
A)court orders
B)medical emergencies
C)research activities
D)written patient authorization
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24
Chapter 12: Risk Management, Quality Management, and Utilization Management
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Sample Questions
Q1) Which is an obstacle to peer review activities?
A)Administrative feedback and input
B)Fear of reprisals for candid criticism
C)Participation by healthcare providers
D)Resultant measures to improve care
Q2) Information regarding the competence and conduct of health care practitioners and providers is _____.
A)does not include actions against a provider's license
B)excludes information regarding malpractice payments
C)maintained by individual states of the United States
D)reported to the National Practitioner Data Bank
Q3) What is the most important way to reduce an organization's risk due to loss or litigation?
A)audit trails
B)maintenance of electronic records
C)proper documentation
D)quality reviews
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Page 25
Chapter 12: Risk Management, Quality Management, and Utilization
Management: Part A
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Sample Questions
Q1) Risk managers may report to various lines of authority, depending on the organizational structure of the health care facility, including the _____.
A)HIM department
B)IT security department
C)Outside legal counsel
D)Safety department
Q2) Which is an important area of quality control that uses both patient records and non-patient records?
A)quality management
B)risk management
C)security management
D)utilization management
Q3) Which is an outcome-based management function that implements measures to prevent or lessen the effects of risks at the lowest cost?
A)quality management
B)risk management
C)security management
D)utilization management
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Chapter 13: Information Systems
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Sample Questions
Q1) What constitutes a legal heath record?
A)Business record generated at or for a healthcare organization
B)Dictation of a healthcare facility's physicians and other providers
C)Results of quality management audits that impact patient care
D)Statistical reports that contain data used for accreditation purposes
Q2) Under HIPAA security rules, required specifications _____.
A)Are optional for certain types of facilities
B)Help in detecting security violations
C)Must be implemented by all facilities
D)Provide opportunities to ignore certain rules
Q3) E-SIGN refers to the _____.
A)Electronic Signatures in Global and National Commerce Act of 2001
B)Encryption program used by healthcare facilities that implement an EHR
C)Laws that state electronic signatures may not be used in foreign commerce
D)Programs developed to support insurance reimbursement for health care
Q4) The patient's legal electronic health record is _____
A)Clearly defined by federal statues and written regulations
B)Defined by each institution with input from its legal counsel
C)Healthcare documentation imported from an R.H.I.O.
D)Information captured from one health care setting to another
27
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Chapter 13: Information Systems: Part A
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Sample Questions
Q1) An electronic signature (or computer-generated signature code) is used to _____ entries in an electronic health record (EHR).
A)authenticate
B)invalidate
C)nullify
D)rescind
Q2) The HIPAA security safeguard that protects from unauthorized intrusions and natural/environmental hazards is a(n) _____ safeguard.
A)administrative
B)physical
C)risk prevention
D)technical
Q3) Which is a characteristic of the electronic health record (EHR)?
A)Access to more detailed and sophisticated clinical data.
B)Greater consecutive availability of clinical data among the health care team.
C)Savings in the electronic amount of storage space required
D)Tools that help increase medical mistakes, costs, and improvements to patient care
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28
Chapter 14: Health-Care Fraud and Abuse
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Sample Questions
Q1) The Center for Medicare and Medicaid Services PEPP program _____.
A)Automates audits to reduce intentional fraud
B)Clarifies DHHS OIG regulations
C)Promotes the national correct coding initiative
D)Reduces Medicare payment error rates
Q2) A qui tam action is defined as _____.
A)Any action brought against a healthcare facility or provider by a third-party payer or third-party administrator
B)Government entity that sue on behalf of a private plaintiff to receive a portion of the recovered funds
C)Private plaintiffs who sue on behalf of the U.S.government and who receive a portion of the recovered funds
D)The prosecution of fraud and abuse, which results in governments receiving a portion of recovered funds
Q3) Anti-kickback statutes were enacted to prevent _____.
A)HMO control of health care
B)Overbilling of laboratory services
C)Plaintiffs from filing qui tam actions
D)Remuneration for patient referrals
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Page 29
Chapter 14: Health-Care Fraud and Abuse: Part A
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Sample Questions
Q1) Match the law enforcement agency that fights fraud and abuse with its purpose. Authorized to bring civil actions related to healthcare fraud and abuse (within its own jurisdiction).
A)Federal Bureau of Investigation
B)Office of Inspector General
C)State Attorney General
Q2) The False Claims Act was originally used during the Civil War to prosecute those who provided the Union with inferior products or cheated the government.Today, it is used to prosecute healthcare providers who _____.
A)charge for healthcare services not rendered
B)refuse to accept remuneration for referrals
C)sue the government for fraud and abuse
D)use the USPS or commercial wire services to commit fraud
Q3) Match the type of facility or service with the appropriate law. Clinical laboratories
A)Stark I
B)Stark II
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Chapter 15: Law and Ethics in the Workplace
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Sample Questions
Q1) A living wage law requires employers to pay _____.
A)Employees the federal minimum wage
B)Health insurance for all employees
C)More than the Federal minimum wage
D)Workers even if illegal aliens
Q2) Which are employed by a service firm and assigned to work at a business or an organization?
A)Independent contractors
B)Leased employees
C)Permanent employees
D)Temporary employees
Q3) Incorporating ethics into an employee's performance evaluation _____.
A)Encourages the employee to treat others with respect
B)Has little bearing on employee performance
C)Is not appropriate and is, in fact, illegal
D)May adversely affect corporate compliance
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Q1) Which is the employment arrangement that allows the employer to terminate the employee at any time and allows the employee to leave the employer at any time?
A)At-will employment doctrine
B)Code of conduct
C)Quid pro quo
D)Reasonable accommodation
Q2) Which is the employment arrangement that allows the employer to terminate the employee at any time and allows the employee to leave the employer at any time?
A)At-will employment doctrine
B)Code of conduct
C)Quid pro quo
D)Reasonable accommodation
Q3) Match the Federal legislation with its definition Establishes minimum standards for health and safety of employees.
A)Consumer Credit Protection Act
B)Employee Retirement Income Security Act
C)Federal Labor Standards Act
D)Genetic Information Nondiscrimination Act
E)Occupational Safety and Health Act
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