Medical Law, Ethics & Professionalism

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Medical law for a Medical Assistant Program

Law may be defined as:

a rule of conduct

Which of the following statements is NOT a result of a medical practitioner's being accused of unethical conduct?

having his or her medical license revoked

Medical office personnel act as agents for their employer when the employer is:

a health maintenance organization, a clinic, a single physician

What is the purpose of formalized codes of ethics in the health care profession?

to increase the competence and standard of care within the profession

Rules of etiquette applicable in the workplace are known as:

protocol

The basis for ethical conduct, formed through the influences of the family, culture, and society, is served by:

moral values

The discipline dealing with the ethical implications of biological research is known as:

bioethics

What document serves as a guideline for all employees of a medical facility, regarding professional ethics and etiquette?

the office policy manual

Which group or groups have a formalized code of ethics?

American Association of Medical Assistants (AAMA), American Medical Association (AMA), and American Society of Radiological Technologists (ASRT)

When a medical ofice employee acts on behalf of his or her employer, the act falls under:

the law of agency

Which of the folowing are NOT enacted by government?

rules of etiquette

What do organizations establish to govern the behavior of their members?

codes of ethics

Studying law and ethics as related to health care can help you gain perspective in which important areas?

how rising costs affect the health care industry, how patients are affected by legal and ethical issues, how advancing technology impacts patients and patient care

What does the government enact to keep society running smoothly?

laws

Which of the following is a synonym for "good manners"?

etiquette

What means of issuing a medical license is made by prior arrangement between two states?

reciprocity

In which of the following situations does a physician NOT need a license to practice medicine in a particular state?

emergency situations, while establishing, employment by a federal facility

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

associate practice

Under this managed care plan insured patients must designate a primary-care physician (PCP)

gatekeeper or primary care plan

A managed care plan's list of approved prescription medications for which it will reimburse subscribers is called:

formulary

This federal act established the National Practitioner Data Bank to encourage professional peer review:

Health Care Quality Improvement Act

This federal act provides for certain protections of health insurance coverage when qualified workers change jobs:

Health Insurance Portablility and Accountability Act (HIPAA)

This federal act established standards and requirements for the maintenanc and transmission of health information that identifies individual patients.

Health Insurance Portability and Accountability Act (HIPAA)

This practice component involves identifying problem practices or behaviors, then eliminating or controlling them in order to reduce liability risk.

risk management

This procedure helps assure that all government regulations are followed by a medical practice or insurance plan.

compliance plan

This term refers to remote consultation with physicians or other health care professionals via telephone, closed-circuit TV, or the internet:

telemedicine

Which of the following allows "whistleblowers" to bring suit for fraud on behalf of the government and to share in any court-awarded damages?

Federal False Claims Act

Which of the following services may be provided by e-health Internet sites?

prescription drug sales, support groups, medical advice and diagnosis

The concept of respondeat superior is based upon what law?

law of agency

The term for the process by which a health care provider's license and other credentials are checke before he or she is employed by a managed care plan:

credentialing

The highest law of our country is:

The U.S. Constitution

Laws enacted by state or federal legislatures are called:

statutes

The President of the U.S. exercises limited legislative powers when issuing:

executive orders

What type of law governs certain activities between and among persons, or between persons and the goverment?

civil

What is the power and authority given to a court to hear a case and make a judgment called?

jurisdiction

Criminal laws:

protect members of society from the harmful acts of others, include both state and federal offenses, and rovide for charges to be brought by the government against a person

To charge one with a crime is to:

indict

Which of the following types of contract results from the conduct of the parties involved, rather than from expressed or written words?

an implied contract

An example of a limited contract is:

emegency room treatment

Under a physician-patient contract, a physician:

must treat every patient who seeks his or her services

Which of the following is NOT required information for written payment agreements under the Truth-in-Lending Act?

a list of valuables for collateral

Which is an example of contractual arrangement?

keeping an appointment with a physician, checking out books from a public library, and eating in a restaurant

The making of an offer by one party to another:

must be communicated

Implied contracts:

are most often used in the medical office

Termination of the physician-patient contract by the physician without notice constitutes:

breach of contract

Liability is:

the legal responsibility of competent adults for their own acts

What is awarded to a plaintiff when a defendant is found guilty of a tort?

damages

As employers, physicians have general liability for:

the practice's building and grounds, employees using their automobiles for work purposes, and employee safety on the job

Health care practitioners may be charged with negligence under:

the standard of care for their profession

We are responsible for our actions, or our failure to act, under:

the reasonable-person standard

Health care workers are legally obligated to safeguard a patient's:

privacy

A means of establishing standard of care in a trial is called:

expert testimony

The failure to act when one should is called:

nonfeasance

Mediation and arbitration are types of:

alternative dispute resolution

The criteria by which our actions in a given situation are judged competent or incompetent are called:

standard of care

Physicians have a duty of care first toward:

their patients

The increasing number of HIV/AIDS cases has le to increased concern over the ethical and legal implications concerning:

privacy

Ther performance of a lawful act in an illegal or improper manner is called:

misfeasance

Damages may be a collected by a deceased's beneficiaries under this statue when a patient's death is judged due to negligence.

wrongful death

When a defendant is found guilty of a tort, such as negligence, the planitff is awarded compensation based upon:

extent of his or her injuries, loss of income, and damage to reputation

Concerning the prevention of malpractice claims, which of the following is NOT a responsibility of a health care practitioner?

avoiding criticism of other professionals' work

The assertion of innocence as a defense against malpractice charges is called:

denial

A defense based on upon the assumption that the patient knew of the inherent risk before treatment was performed is called:

assumption of risk

Suppose a person causes injury to another person in an automobile accident and a lawsuit ensues. The person who caused the accident is called the:

tortfeasor

Under which doctrine can a claim NOT be retried between the same parties if it has already been legally resolved?

res judicata

Statutes of limitations may apply to:

collections, medical malpractice claims, and child sexual abuse claims

One of the most common occurrences for marking the beginning of the statutory period includes:

the day the alleged negligent act was committed

Which of the following is NOT a form of affirmative defense to a professional liability suit?

denial

The health care practitioner who comes to the aid of an accident victim at the scene would not be held liable under which defense?

emergency

A defense that alleges the defendant did no wrong is called:

dnial

Under which defense may the party who caused an accident be liable both for the victim's injury and any medical negligence by an attending physician?

assumption of risk

Which doctrine says a suit cannot move forward if a certain period of time has elapsed?

statue of limitations

Which defenses to liability suits hinge on legal technicalitities, rather than factual evidence?

technical defenses

When damages are apportioned according to the degree a plaintiff contributed to his or her injury, this is called:

contributory negligence

Which of the following is NOT a guideline to follow that may help prevent malpractice lawsuits?

always express optimism about the outcome of a patient's care

Medical records are:

legal documents

To correct an error discovered after a patient's medical record has been filed:

draw a line through the mistake, label it as a correction, and date and intial it

Medical records are legal if kept on:

paper, microfilm, and computer tape or disks

Patients' medical reocrds are the property of:

the owners of the facitility where they were created

Medical info about a patient may be released for the following purposes:

insurance claims, transfer to another physician, use in a court of law

Requests for info coming into the medical office from inusrance companies or other sources should:

list the purpse for which the data will be used

Informed consent implies that the patient understands:

the proposed modes of treatment, the reasons the treatment is necessary, the risks involved in the proposed treatment

Consent is unnecessary:

in emergency situations

When complying with a subpoena to produce specified medical records in court, it is the responsibility of the medical office employee in charge of medical records to:

verify that the patient named was a patient of the physician named, verify the trial date and time as listed on the subpoena, and notify the physician that a subpoena was received.

Patient's medical records:

should not be released to a third party without written permission

Medical info about a patient is often released for the following purposes:

to document insurance claims

The confidentiality of alcohol and drug abuse, patient records statute:

protect the patients with histories of substance abuse regarding release of medical treatment info

The legal basis for a patient's permission for medical treatment is the:

doctrine of informed consent

The law that effectively waives consent in medical emergencies is the:

Good Samaritan Act

Which federal law addresses the severe shortage of organs available for transplant?

National Organ Transplant Act

Examples of public data collected by law from physicians include:

births, deaths, rapes and assaults

How do U.S. gov't standards recommend that all birth and death certificates be completed?

they should be typed or legibly printed in ink

If a patient dies of natural causes while under his or her physicians care, who completes the medical portion of the death certificate?

the attending physician

Which of the following is NOT required on a death certificate

decedent's complete medical history

The public official who investigates and holds inquests over those who die from unknow or violent causes is the:

coroner

It is against the law for a physician to sign a death certificate if the death:

was not attended by a physician within a specified length of time before death, was due to causes undetermined by the physician, or was violent or otherwise suspicious

Which of the following is NOT a purpse of public health statues?

requiring physicians and other health care workers to take continuing education courses in public health

Which of the following disases are reportable under most public health statutes?

diphtheria, plague, and TB

Under what authority does the federal gov't regulate the sale and use of drugs?

the controlled substances act

Which of the following statements regarding abuse and domestic violence is NOT true?

One should always encourage an abuse adult to leave the batterer immediately

Which of the following statements concerning controlled substances is true?

Copies of controlled substance prescriptions are filed in the patient's medical record, when a physician discontinues practice, the DEA controlled substances registration certificate is returned, the physician or employee responsible for disposing of controlled drugs should contact the nearest field offic of the DEA and the responsible state agency for disposal info.

The MA can help with DEA compliance regarding controlled drugs by:

checking to be sure that all controlled substances are kept in a locked cabinet, keeping accurate records for scheduled drugs, maintain an accurate inventory

General regulations mandated by the Controlled Substances Act do NOT include which of the following?

patients behaving suspiciously be reported to the nearest office of the DEA and local police

Which of the following drugs have no proven or acceptable medical use and a high potential for abuse?

Schedule 2

When a physician starts an intravenous injection, he has _____ the drug to his or her patient:

administered

Which of these activities, if documented, is least likely to cause legal problems for an employer?

dismissing and employee for just cause

Title VII of the Civil Rights Act of 1964:

makes discrimination in the workplace illegal

Oral promises made to an employee by an employer may be used as evidence in a suit brought by the employee for:

wrongful discharge

Which of the following is NOT true of Title VII of the Civil Rights Act of 1964?

it applies to businesses with 25 employees or more

Which of the following is NOT a form of sexual harassment?

consensual dating between 2 employees

The primary source of info for all OSHA standards is:

the Federal Register

Occupational Safety and Health Administration (OSHA) inspectors may:

conduct workplace inspections, issue citations for workplace violations of OSHA, levy penalties upon employers in the form of fines

Which of the following is NOT against the law?

refusal to take a drug or lie detector test as a condition of employment

Which of the following questions is improper in an interview with an applicant in a medical office position?

where does your spouse work?

For which types of compensation benefits may workers injured ont he job apply?

medical treatment, surgical treatment, permanent disability benefits

Many states have right-to-know laws, which:

allow employees broader access to info about toxic or hazardous substances, employer duties, employee rights, and other health and saftey issues

What is the authority by which OSHA can levy fines, based upon the CDC's guidelines?

bloodborn pathogens

The Rehabilitation Act of 1973:

requires federal contractors to implement affirmative action plans in hiring and promoting disabled employees

The Americans With Disabilities Act differs form the Rehabilitation Act of 1973 in that it:

mandates equal access for the disabled to certain public facilities

Which of the following workplace laws most specifically regulates hazards in the medical office?

Hazard Communication Standard

The combination of proteins that comprises each human chromosome is called:

DNA

Which of the following were goals of the Human Genome Project?

to locate and map each human gene, to create a readily available data bank of info, and to continue to examine ethical, legal and social issues originating with human genetic research

During this process, fluid is withdrawn from a woman's pregnant uterus to be used for genetic and medical tests:

amniocentestis

Which of the following is an important issue raised by genetic testing?

privacy

Which of the following federal laws does NOT offer protection against genetic discrimination?

The Human Genome Act

Objections to genetic engineering projects have often been raised on the grounds that:

humans should not tamper with nature, the environment may be harmed, a project may lead to human cloning

Which of the following procedurees involves transplanting animal tissues and organs into humans?

xenotransplantation

Which of the following is NOT true of human cloning?

scientific knowledge is presently insufficient to proceed

Embryonic stem cells have the potential to become:

any type of body cell

Which of the following has been useful in gene therapy?

retroviruses

Which of the following best describes cloning?

a scientific process producing new organisms, identical to the parent, without union of sperm or egg

In this process, eggs and sperm are brought together ourside of the body, in a test tube or petri dish:

in vitro fertilization (IVF)

Which of the following federal laws affect some aspects of adoption?

Child abuse prevention and treatment and adoption reform act, indian child welfare act, adoption assistance and child welfare act of 1980

The doctrine of parens patriae allows the state to:

act as a parental authority

Physicians may legally withhold medical treatment from newborns who:

are chronically and irreversibly comatose, would suffer inhumanely if treatment was provided, will most certainly die and treatment is considered futile

Biological moral issues arising from advances in modern technology and research are called:

bioethics

Which of the following is NOT included in teh fundamental elements of the patient-physician relationship, as discussed in teh AMA's code of medical ethics?

patients have the right to refuse to pay for unsuccessful medical treatment

In the allocation fo limited medical resources, ethical considerations include:

the likelihhood of benefit to the patient, the urgency of the patient's need, the change in the quality of the patient's life

Policies on medical futility should follow a due process approach that includes:

joint decision-making among the physician, patient, and proxy, whenever possible

A determination of "adequate levels of health care" should take into account:

number of people who will benefit, cost, and degree of benefit

The two types of gene therapy are:

somatic cell and germ line therapies

Which two federal agencies supervise and regulate gene splicing, recombinant DNA research, chemical sythesis of DNA, and other genetic engineering research?

Judicial council of the AMA and the surgeon general's office

Which of the following statements is true of artificial insemination?

disclosure of a full medical history and appropriate diagnostic screening is recommended to donors and recipients, but is not required

Physicians should keep permanent records of anonymous sperm donors in order to:

bill the donor for any unexpected medical outcomes

Which of the following statements regarding surrogacy contracts is NOT true, as discussed int he AMA's code of medical ethics?

should reward custody to the parent who contributes genetic material

Physicians should not participate in human cloning at this time because:

the harms and benefits of the process are not yet known and further investigation and discussion are necessary

Which federal law established requirements for all U.S. hospitals participating in organ donor programs?

the Organ Procurement Organization law

Ethical guidelines concerning clinical investigation state that:

investigations should show the same concern for the welfare, safety, and comfort of subjects as is required of physicians furnishing medical care to any patient

In organ transplantation, whose rights are paramount?

the donor's

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