L&E Final Exam Q's for Review I

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The legal representative of a minor may be a guardian ad litem. (T or F)

true

The tendency of something or someone to act in a certain manner under given circumstances is called:

disposition

Turning to something or someone for help or protection is called:

recourse

What ethical problem is created with the use of computers & patient databases in the modern medical office? (important patient info can be lost b/c of a lack of knowledge about the use of the computer; many patients believe that computers represent an impersonal way of conducting business; unauthorized individuals may gain access to confidential medical records; computers have increased the cost of providing medical care)

unauthorized individuals may gain access to confidential medical records

What is the strongest argument for the use of unique identifiers for patients with HIV? (to keep the identity of the patient confidential, to keep on record a list of the names of those who are HIV positive, to make processing insurance claims easier, or to ensure that patients receive proper care)

to keep the identity of the patient confidential

Physician-assisted suicide now is generally accepted in the USA. (T or F)

false

The failure to perform an act that should have been performed is called:

nonfeasance

A(n) _______ is something done or said that serves as an example or rule to authorize or justify a subsequent act of the same kind.

precedent

The person giving a deposition is called the:

deponent

In the allocation of health resources, the criterion (or criteria) should be which of the following? (likelihood of benefit, urgency of need, duration of benefit, or all of the above)

all of the above

Which statement best defines the practice known as "fee splitting"? (the unethical practice in which physicians are paid for referring patients, the unethical practice of basing the physician's fee on the success of the treatment, an appropriate method of allowing two physicians to work together in treating a patient, or the lowering of the physician's fee as a way to help poor patients)

the unethical practice in which physicians are paid for referring patients

Advertising is not considered ethical for physicians. (T or F)

true

Considered the most serious crime, an offense to overthrow the government is classified as a(n):

act of treason

A physician may be subject to civil or criminal _______ for violation of government laws.

charges

The willful and unlawful use of force or violence on the person of another is called assault. (T or F)

false

The willful and unlawful use of force or violence on the person of another is called:

battery

Filing a false or intentionally inaccurate report is punishable by: (fines, criminal charges, loss of one's job, or all of the above)

all of the above

Refraining from the act of causing harm or committing evil is called:

nonmaleficence

A set of laws designed to standardize electronic data exchange and protect health info is:

HIPAA

________ negligence exists when the patient contributes to his/her own condition.

Contributory

With regard to medical ethics, which term deals with the fair distribution of benefits and burdens among individuals or groups in society having legitimate claims? (veracity, beneficence, reparation, or justice)

justice

The petitioner, or respondent, brings a case to civil court. (T or F)

false

Another name for somatic cell nuclear transfer is:

human cloning

An expert witness is prone to engage in lawsuits. (T or F)

false

When a person has wronged another person, the person in the wrong has the duty to: (express an opinion, make reparations, express fidelity, or become a surrogate)

make reparations

Presumed consent is also called ______ consent.

implied

The science & philosophy of law is called jurisprudence. (T or F)

true

Civil cases must be proven by a(n) _________ of the evidence.

preponderance

Which of the following is NOT a standard of care that physicians are expected to uphold? (exercise reasonable skill and care; follow his or her best judgement in treating patients; use reasonable care, attention, and diligence; or take the advice of consulting physicians)

take the advice of consulting physicians

The failure to perform an act that should have been performed is called:

nonfeasance

Failure to perform a duty is called:

dereliction

________ is an alternative to trial in which a third party hears evidence and makes decisions.

Arbitration

A list of questions from one party in a lawsuit to another party in the lawsuit is called a(n):

interrogatory

What is it called when a physician other than the one approved by the patient performs the surgery?

ghost surgery

The most sacred trust that patients place in the physicians and their staff members is: (the ability to cure disease, the fairness of charges for services, confidentiality, or the competent treatment of symptoms)

confidentiality

Generally, a subpoena duces tecum should be filed no less than _____ days before a trial.

15

The formal action of a legislative body is called an appeal. (T or F)

false

Consent, usually written, that states understanding of what treatment is to be undertaken and the risks involved with such treatment, is called _________ consent.

informed

When one party of a lawsuit is dissatisfied with a lower court's decision, it has the right to _________ to a higher court.

appeal

Administering a lethal drug to a patient to promote death is called ________.

euthanasia

The CEJA is in favor of all abortions at any time and for any reason. (T or F)

false

An inward reflective examination of one's own feelings and thoughts is called:

introspection

Much of our law is based on previous judicial and jury decisions called ordinances. (T or F)

false

A patient's medical record is considered to be ________ evidence.

documentary

Criminal law governs violations of the law that are punishable as offenses against: (corporations, groups, the state or government, or individuals)

the state or government

Things happening at the same time are happening concurrently. (T or F)

true

With regard to ethical distress, what stands in the way of making an ethical choice? (concerns, ethics, morals, or barriers)

barriers

The MA will not have to discuss ethical issues with patients. (T or F)

true

In a(n) _______ case, guilt must be proven beyond a reasonable doubt.

criminal

A physician who fails to obtain consent before treating a patient could be charged with:

battery

Roe v. Wade was heard by the U.S. Supreme Court in ______.

1973

The performance of an act that is wholly wrongful and unlawful is called:

malfeasance

Certain kinds of news, such as births and deaths, are considered part of the public domain. (T or F)

true

If a person appears in the medical office with an official press badge, the MA must make info available. (T or F)

false

How many active members of the AMA serve as CEJA members?

9

According to OSHA regulations, handicapped individuals must be able to enter and exit buildings easily and be able to travel from floor to floor in multistory buildings. (T or F)

false

Which of the following statements is NOT true regarding the human genome? (major healthcare agencies, such as the CDC, are involved in the genome project; the genome project formally began in 1890; the mapping of the human genome has raised questions about confidentiality; or experts need to educate Congress about the use of genetic info)

the genome project formally began in 1890

Which of the following does the CEJA not only consider ethical, but also encourages? (abortion, capital punishment, human cloning, or organ donation)

organ donation

Licensure for physicians cannot be obtained through: (examination, endorsement, transfer, or reciprocity)

transfer

Norma McCorvey was the real Jane Roe in Roe v. Wade (T or F)

true

A physician must use reasonable care, attention, and _________ when treating patients.

diligence

The pretense of curing disease is called:

quackery

Adults who have been found by a court to be insane or incompetent can still consent to medical treatment in almost all cases. (T or F)

false

Something that is ________ is oriented or directed toward social needs and problems.

sociologic

Which of the following are physicians required to do with regard to the opinions of the CEJA? (follow the opinions without any deviation, consider a different career if they cannot abide by the CEJA's opinions, operate their practice in accordance with all the opinions of the CEJA, or consider the opinions but operate their practice in accordance with their own belief system)

consider the opinions but operate their practice in accordance with their own belief system

Which of these sets of regulations contains the general duty clause? (OSHA, CLIA, HIPAA, or ADA)

OSHA

Municipal regulations are also called:

ordinances

The finding or decision of a jury on a matter submitted to it in trial is called the:

verdict

__________ are defined as claims that a person or group makes on society.

Rights

An emancipated minor is over the age of 18. (T or F)

false

A formal expression of judgement or advice by an expert is called a(n):

opinion

A person who is shrewd in management of practical affairs is considered an arbitrator. (T or F)

false

An infraction is a more serious crime than a misdemeanor. (T or F)

false

A sum imposed as punishment for an offense is called a(n) ______.

fine

Which of the following is NOT a type of civil law? (tort, misdemeanor, administrative, or contract)

misdemeanor

A physician who discontinues his/her medical practice must return triplicate prescription forms to the DEA. (T or F)

true

Negligence must be: (assumed, proven, ignored, or noticed)

proven

Although attorneys often accept clients on a(n) _______ fee basis, it's unethical for a physician to do so.

contingency

The provision of care to medical colleagues or their families and staff is called __________.

professional courtesy

The MA cannot explain the consent form; this must be done by the _________.

physician

The physician involved in caring for a patient should be an advocate for the family rather than for the patient. (T or F)

false

What is the opinion of the CEJA with regard to surrogate motherhood? (agrees fully, disagrees, agrees with stipulations, or has no opinion)

agrees with stipulations

Voluntary written consent must be obtained from patients who are to participate in clinical trials.

true

Which agency oversees and enforces the Controlled Substances Act (CSA)? (DEA, IRS, SWAT, or OSHA)

DEA

The document that expresses the wishes of patients in case of terminal illness or an accident after which patients cannot express their wishes is called a:

living will

Which type of ethical problem is characterized by two or more courses of action, in which, regardless of the course taken, something of value will be lost? (ethical distress, ethical dilemma, distributive justice, or locus of authority)

ethical dilemma

Sexual abuse or assault of an adult usually is reported to the: (local police, local constable, state police, or local health department)

local police

The improper performance of a lawful act is called:

misfeasance

Something marked by wisdom or judiciousness is said to be ________.

prudent

Which area of ethical question involves the development of new drugs and procedures? (clinical trials, quality of life, organ donation, or human cloning)

clinical trials

To agree to something after thoughtful consideration is called _______.

assent

The benefits of HIPAA include: (increased revenue cycle time, higher administrative costs, lower administrative costs, or none of the above)

lower administrative costs

_______ damages are small awards that are token compensation for invasion of a legal right in which no actual injury was suffered.

Nominal

A devotion to or conformity with truth is called:

veracity

_______ waiver of insurance co-payments may violate the policies of some insurers.

Routine

The type of ethical problem in which two or more agents think that each knows what's best for the patient but only one agent can prevail is called: (ethical distress, an ethical dilemma, locus of authority, or distributive justice)

locus of authority

The earliest written code of ethics was:

the Code of Hammurabi

With regard to capital punishment, the CEJA agrees that a physician can ethically: (give the lethal injection, give the lethal injection and certify death, completely abstain from participation in capital punishment, or certify death)

certify death

A written defamatory statement or representation that conveys an unjustly unfavorable impression is called liable. (T or F)

false

Something that has significant and demonstrable bearing on the matter at hand is recourse. (T or F)

false

Civil cases must be proven beyond a reasonable doubt. (T or F)

false

A physician committed to saving life and relieving suffering may sometimes find those two goals _________.

incompatible

Only the defense has the right to appeal a court decision to a higher level. (T or F)

false

The first step in the 5-step process of ethical decision making is: (identifying the type of ethical problem, exploring the practical alternatives, gathering relevant information, or determining the ethical approach to use)

gathering relevant information

How many cases are heard by the Supreme Court each year? ____ to ____

80 to 90

______ are a type of testimony that is not limited to the parties in a lawsuit.

Depositions

The term "medical professional liability" encompasses all possibly civil liability that can be incurred during the delivery of medical care. (T or F)

true

Privacy and confidentiality issues do not affect the human genome findings. (T or F)

false

Lawsuits must be filed in the court that has jurisdiction over the case. (T or F)

true

One who pleads the cause of another or defends a cause or proposal is a(n):

advocate

Which statement best describes the practice of physicians waiving co-payments required by insurance companies? (the practice is the best and most humane way to treat needy patients, the practice encourages patients to take advantage of the medical payment system, the practice is encouraged by insurance companies, or the practice may violate insurers' policies if done routinely)

the practice may violate insurers' policies if done routinely

When a physician withdraws medical care from a patient, a(n) ________ letter must be sent to notify the patient.

withdrawal

The Code of Federal Regulations delineates rules and regulations published in the Federal Register by the various departments and agencies of the federal government. (T or F)

true

A docket is a formal record of judicial _________ or a list of the legal cases to be tried.

proceedings

Which of the following is NOT one of the four Ds of negligence? (duty, damages, dereliction, or deposition)

deposition

A(n) _______ is a list of legal cases to be tried.

docket

Local governments create and enact: (acts, precedents, ordinances, or all of the above)

ordinances

The drugs in schedule _____ are considered to have the highest potential for abuse. (I, IV, II, or III)

I

The pretrial disclosure of pertinent facts or documents by one or both parties in a legal action is called:

discovery

The prime objective of the medical profession is to: heal patients, make money, render service to humanity, or all of the above.

render service to humanity

_________ is a solemn declaration, usually made orally by a witness under oath in response to interrogation by a lawyer or an authorized public official.

Testimony

Which of the following tests are exempt from CLIA standards for MAs? (urine pregnancy testing, spun hematocrit testing, dipstick urinalysis, or all of the above)

all of the above

"Respondeat superior" is a Latin term meaning:

Let the master answer

If no jury is present and a judge decides the case, the proceeding is called a(n) _______ trial.

bench

Special damages are injuries that are not a necessary consequence of a physician's negligent act or omission. (T or F)

true

The realm embracing property rights that belong to the community at large is called the ________.

public domain

Which of the following elements is necessary for informed consent? (patient's diagnosis, if known; alternative treatments; risks and benefits of the procedure or treatment; or all of the above)

all of the above

In most cases, convicted felons cannot vote, hold public office, or possess a firearm. (T or F)

true

Something that's easily understood or recognized by the mind is a manifestation. (T or F)

true

Oral defamation is also called:

slander

Logically, the control of gametes should be left to the man and woman who produced them. (T or F)

true

A statement by a part to a legal action of what the party undertakes to prove is called assent. (T or F)

false

Municipal courts represent counties. (T or F)

false

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