Medical Law And Ethics 5th Edition By Bonnie F. Fremgen – Test Bank A+

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1) Failure to perform an action that a reasonable person would have performed in a similar situation is

1. A) an assumption of risk.
2. B) negligence.
3. C) respondeat superior.
4. D) malfeasance.

Answer: B

2) Performing a wrong and illegal act is considered

1. A) misfeasance.
2. B) nonfeasance.
3. C) malfeasance.
4. D) feasance.

Answer: C

3) Professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient is

1. A) nonfeasance.
2. B) feasance.
3. C) malpractice.
4. D) misfeasance.

Answer: C

4) Negligence is composed of four elements

1. A) malpractice, misfeasance, nonfeasance, and malfeasance.
2. B) duty, dereliction of duty, direct or proximate cause, and damages.
3. C) malpractice, misfeasance, dereliction of duty, and damages.
4. D) duty, dereliction of duty, nonfeasance, and malfeasance.

Answer: B

5) The reasonable person standard refers to the

1. A) dereliction of duty.
2. B) damages.
3. C) duty of due care.
4. D) proximate cause.

Answer: C

6) The standard of care for physicians and other healthcare professionals is determined by

1. A) the AMA.
2. B) the local hospital.
3. C) a board of physicians appointed by the local chapter of the AMA who practice in the same medical specialty.
4. D) what members of the same profession would do in a similar situation within the same geographic area.

Answer: D

7) To prove dereliction of duty, a patient would have to prove the physician

1. A) did not carry malpractice insurance.
2. B) did not conform to the acceptable standard of care.
3. C) took additional risks in performing the treatment.
4. D) none of the above.

Answer: B

8) The thing speaks for itself applies to the law of negligence and is the doctrine of

1. A) res ipsa loquitur.
2. B) respondeat superior.
3. C) preponderance of evidence.
4. D) compensatory damages.

Answer: A

9) Monetary awards by a court to a person who has been harmed in an especially malicious or willful way are

1. A) compensatory damages.
2. B) nominal damages.
3. C) punitive damages.
4. D) wrongful damages.

Answer: C

10) To win a wrongful death case, the plaintiff must prove

1. A) proximate cause of death.
2. B) malpractice.
3. C) nominal damages.
4. D) negligence.

Answer: D

11) The most common defense provided by the defendant in a medical malpractice case is called

1. A) affirmative defense.
2. B) denial defense.
3. C) assumption of risk.
4. D) borrowed servant.

Answer: B

12) Assumption of risk is the legal defense

1. A) used by the defendant in a case to prove innocence from injury.
2. B) that prevents the plaintiff from recovering damages if he or she accepts a risk associated with the activity.
3. C) that determines that the patient was fully or partly at fault for the injury, and no damages may be recovered.
4. D) that bases the recovery of damages by the plaintiff on the amount of fault of the defendant.

Answer: B

13) When an employer lends an employee to someone else, this is called

1. A) comparative negligence.
2. B) respondeat superior.
3. C) the borrowed servant doctrine.
4. D) fraud.

Answer: C

14) The statute of limitations for a case begins to run

1. A) when the injury occurs.
2. B) 2 years after the injury.
3. C) when the plaintiff sues the defendant.
4. D) when the injury is discovered.

Answer: D

15) Deliberate concealment of the facts from a patient is

1. A) comparative negligence.
2. B) fraud.
3. C) liability.
4. D) contributory negligence.

Answer: B

16) Res judicata means

1. A) the thing has been decided.
2. B) let the master answer.
3. C) borrowed servant doctrine.
4. D) the thing speaks for itself.

Answer: A

17) The legal relationship formed between two people when one person agrees to perform work for another person is called

1. A) the promise to cure.
2. B) liability.
3. C) the law of agency.
4. D) all of the above.

Answer: C

18) Protection for the physician/employer by the healthcare professional is best accomplished by

1. A) having a job description with clearly defined responsibilities, duties, and necessary skills.
2. B) using extreme care when performing his or her job.
3. C) carrying out only those procedures for which he or she is trained.
4. D) all of the above.

Answer: D

19) Responsibility for action in employment is ultimately assigned to the

1. A) employee.
2. B) employer.
3. C) agency.
4. D) supervisor.

Answer: B

20) A contract by which one person promises to compensate or reimburse another if he or she suffers a loss from a specific cause or a negligent act is

1. A) a rider.
2. B) arbitration.
3. C) liability insurance.
4. D) malpractice insurance.

Answer: C

21) Coverage of the insured party for all injuries and incidents that occurred while the policy was in effect, regardless of when they are reported, is

1. A) occurrence insurance.
2. B) claims-made insurance.
3. C) malpractice insurance.
4. D) rider insurance.

Answer: A

22) A general liability policy that covers any negligence on the part of the physician’s staff would include

1. A) claims-made insurance.
2. B) occurrence insurance.
3. C) the malpractice policy.
4. D) a rider on the malpractice policy.

Answer: D

23) Submitting a dispute to a person other than a judge is called

1. A) law of agency.
2. B) arbitrator.
3. C) arbitration.
4. D) liability.

Answer: C

24) A/An important reason for arbitration(s) of civil cases is to save

1. A) court appointments.
2. B) time.
3. C) money.
4. D) time and money.

Answer: D

25) The only health professional who is not usually employed by the physician is the

1. A) nurse.
2. B) pharmacist.
3. C) medical assistant.
4. D) radiology technician.

Answer: B

Medical Law and Ethics, 5e (Fremgen)

Chapter 7 Public Duties of the Physician and the Health Care Professional

1) Data, such as birth and death dates, are used by the government to

1. A) determine the tax base for a community.
2. B) determine population trends and needs.
3. C) encourage planning and zoning in a community.
4. D) provide healthcare professionals in a city.

Answer: B

2) Public duties for the physician include reporting

1. A) births and still births.
2. B) deaths and injuries.
3. C) communicable illnesses or diseases.
4. D) all of the above.

Answer: D

3) The live birth certificate must be signed by the

1. A) county medical officer.
2. B) physician who delivered the child.
3. C) person in attendance in a home birth.
4. D) B and C.

Answer: D

4) A death certificate must include the

1. A) date and time of death.
2. B) name of the parents of the deceased.
3. C) location of the place of death.
4. D) all of the above.

Answer: D

5) A coroner or medical examiner must sign the death certificate of the deceased when

1. A) no physician was present at the time of death.
2. B) a violent death occurred.
3. C) the death occurred when the deceased was in jail or prison.
4. D) all of the above.

Answer: D

6) A medical examiner is a

1. A) physician.
2. B) nurse practitioner.
3. C) physician assistant.
4. D) lawyer.

Answer: A

7) Which of the following is not a reportable communicable disease?

1. A) Tetanus
2. B) Tuberculosis
3. C) Chicken pox
4. D) Gonorrhea

Answer: C

8) Which of the following is/are required by the National Childhood Vaccine Injury Act of 1986?

1. A) The polio virus vaccine, live
2. B) The hepatitis A vaccine
3. C) The measles, mumps, and rubella vaccine
4. D) A and C

Answer: D

9) A physician reporting possible child abuse

1. A) may be sued by the parents of the child for defamation.
2. B) may not be sued by the parents of the child for defamation.
3. C) may file an initial oral report followed by a written report.
4. D) B and C.

Answer: D

10) Failure to report a suspected case of child abuse may result in a charge of

1. A) manslaughter.
2. B) misdemeanor.
3. C) felony.
4. D) child abuse.

Answer: B

11) Elder abuse may legally include all of the following except

1. A) physical abuse.
2. B) exploitation.
3. C) verbal abuse.
4. D) abandonment.

Answer: C

12) Injuries, fractures, pain in the genital area, and weight loss may be signs of

1. A) exploitation.
2. B) abandonment.
3. C) psychological abuse.
4. D) physical abuse.

Answer: D

13) Evidence gathered in an abuse case may include

1. A) pictures of bruises or injuries.
2. B) urine specimens.
3. C) clothing.
4. D) all of the above.

Answer: D

14) Chain of evidence refers to all of the following except

1. A) clearly labeled evidence with name, date, and time.
2. B) documentation in the medical record of date and time the evidence was obtained.
3. C) clothing evidence that is clean and dry.
4. D) evidence that has been kept in locked storage until required.

Answer: C

15) Conditions such as cancer, epilepsy, and congenital disorders of the newborn are often reported to government agencies in order to

1. A) receive additional funding from insurance companies.
2. B) maintain accurate public health statistics.
3. C) receive funding through Medicare.
4. D) prevent malpractice lawsuits.

Answer: B

16) Enforcement of drug sales and distribution is through the

1. A) local pharmacy.
2. B) Drug Enforcement Administration.
3. C) Food and Drug Administration.
4. D) Bureau of Narcotics and Dangerous Drugs.

Answer: C

17) The purpose of the DEA is to

1. A) regulate the Controlled Substances Act of 1970.
2. B) ensure the safety of food items sold in the United States.
3. C) regulate drug dealers.
4. D) keep physicians from prescribing controlled substances.

Answer: A

18) Registration for physicians who administer controlled substances must be renewed every

1. A) 2 years.
2. B) 3 years.
3. C) 4 years.
4. D) 5 years.

Answer: B

19) The proper method of destroying a controlled substance that needs to be disposed of “disposed of or wasted” is to

1. A) return it to the original container to be counted.
2. B) flush it down a toilet as advised by the manufacturer.
3. C) place it in a locked container to be removed by the hazardous waste disposal personnel.
4. D) all of the above.

Answer: B

20) The penalty for violation of the Controlled Substances Act is

1. A) a fine.
2. B) loss of license to practice medicine.
3. C) a jail sentence.
4. D) all of the above.

Answer: D

21) DEA registration numbers are available to

1. A) physicians.
2. B) medical assistants.
3. C) nurses.
4. D) pharmacists.

Answer: A

22) Prescriptions for Schedule II controlled substances can

1. A) be refilled every 6 months.
2. B) be refilled over the phone in a nonemergency.
3. C) not be refilled.
4. D) be refilled for up to 2 years.

Answer: C

23) A program of management-financed and confidential counseling and referral service designed to help employees and/or their family members assess a problem is the

1. A) EAP.
2. B) DEA.
3. C) FDA.
4. D) CSA.

Answer: A

24) It is estimated that personal problems related to alcohol and/or drug abuse cost the U.S. economy more than ________ of its $70 billion budget yearly.

1. A) 25 percent
2. B) 33 percent
3. C) 50 percent
4. D) 75 percent

Answer: C

25) Hazardous medical waste includes

1. A) solid waste from administration.
2. B) infectious waste from body fluid contact.
3. C) radioactive waste.
4. D) B and C.

Answer: D