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133 terms

L&E Final Exam Q's for Review I

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STUDY
PLAY
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