BUSI 302 quiz 2 Contracts, Torts, Negligence, and Liability solutions complete answers

BUSI 302 quiz 2 Contracts, Torts, Negligence, and Liability solutions complete answers 

 

Which of the following is not a patient responsibility in the physician-patient relationship?

 

Enterprise risk management

 

Which brochure applies to both hospital and health care visits and encourages high quality care?

 

According to the AHRQ, patients who are most likely to leave the hospital against physician's orders are

 

When entering into a contract, certain conditions must pertain to the offer. Which of the following accurately describes one of these conditions?

 

The highest law in our country is

 

From which of the following does an implied contract result?

 

There are ______ branches of the federal government.

 

A physician assistant provides treatment to a person who has come to the emergency room for treatment of a painful rash. This is an example of a(n)

 

The president of the United States exercises limited legislative powers when issuing

 

When no written contract exists, who chooses an arbitrator to resolve disputes?

 

A physician working in an emergency room is obligated to treat all the patients who come through the door. This is an example of which of the following concepts?

 

A provider breaches duty of care to a patient. This element of negligence is defined as

 

In a hospital, a certain standard of care is expected of health care practitioners. Which of the following best describes this concept?

 

A surgeon removes the wrong kidney from a patient. The patient can sue under which of the following legal doctrines?

 

The family of a patient sues for wrongful death when the patient’s death was judged to have been due to the negligence of the health care practitioners. What might the family collect from a settlement of this case?

 

According to Medscape, which of the following medical specialties is most likely to be sued?

 

Alternative dispute resolution has become increasingly popular over the years. What is the reason for this increase?

 

A plea made for a case to be reviewed by the higher court occurs in the ______ phase of a lawsuit.

 

For legal purposes, the health care professional should know that if it isn’t in writing and explained completely and accurately, it wasn’t done. To which of the following “4 Cs of medical malpractice prevention” does this statement refer?

 

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

 

Risk management is a process to

 

A physician who owns a medical practice decides his malpractice insurance is too expensive and drops the policy. Which of the following aspects of this physician’s practice will impact the physician the most?

 

A medical malpractice lawsuit has been decided under the doctrine of res judicata. What does this Latin term mean?

 

 

Civil law includes a general category of law known as torts. Which of the following is not an example of a tort?                

A criminal act may be classified as a felony or a misdemeanor. Which of the following is an example of a misdemeanor?                   

Each member of Congress is elected by the people of his or her own state. Which of the following is the primary duty of these elected officials?           

Each state has its own court system, but the general structure is the same in all states. Which of the following state courts hears major criminal or civil cases?                 

A health care professional restrains a patient against his will and administers an injection to calm him. This professional may be found guilty of which of the following torts in a court of law?           

In a civil lawsuit involving a tort, there is always a tortfeasor. Which of the following describes this term?                 

In which of the following cases would the state court have jurisdiction?                   

A judge decides a malpractice case in favor of the plaintiff. This judgment then becomes a legal precedent. What type of law is established through this type of legal precedent?                   

Laws such as those pertaining to the functioning of the Internal Revenue Service (IRS) are known as:            

A nurse finds out that another nurse is stealing the possessions of residents of a long-term nursing facility, but does not say anything to anyone about the crimes. What is the term for the nurse who does not act on knowledge of these crimes?             

A nurse refuses to allow elderly residents of a nursing home visits from family and friends as punishment for filing a petition against her with the administrators of the facility. Of which of the following torts might this nurse be convicted?                   

Occasionally situations arise in which premature termination of a physician/patient contract occurs. Which of the following situations definitively warrants premature termination of this contract?                  

Of all the following torts, which is an unintentional tort?                  

A patient has contracted a chiropractor for six months of back adjustments. Which of the following is true regarding this contract?            

A patient signs a contract to employ the services of a private duty nurse and later finds out that the nurse is not licensed to practice nursing. Which of the following elements of this contract has been breached?               

A patient signs a contract to receive care in an acute-care facility following an automobile accident that left him with a spinal cord injury. Which of the following elements of a contract is fulfilled when the acute-care facility makes an offer and the patient accepts it?                   

A person commits arson, a crime that is in violation of a public law forbidding it. This is an example of the body of criminal law that involves crimes against:                 

A person is being charged with murdering a neighbor. Who would be the plaintiff in this case?                   

Those responsibilities not set by the United States Constitution are left to the states. Which of the following is an exclusive power of state governments?           

A senator from Illinois debates a new tax bill presented by a colleague. In which of the following branches of government would this occur?           

A system was established by the U.S. Constitution, which keeps any one branch of government from assuming too much power over the other branches. Which of the following is the correct term for this system?                 

Through his or her ability to issue executive orders the president has limited legislative powers. Which of the following is a primary reason executive orders, are issued?                  

Which of the following is an example of a health care practitioner committing fraud?            

Which of the following players in the court scene must show that he or she was wronged or injured?           

 

 

Amanda is a nurse in Dr. Smith’s pediatric practice. She accidentally gives a patient the wrong medication. Dr. Smith is held responsible under:                

A court of last resort is commonly known as a:          

The Easy Collection Agency continues to call Susan at work to talk to her about her past due account at St. John’s Hospital. The Easy Collection Agency is violating which law?              

The law of ________ makes employers liable for the actions of their employees.           

Practicing medicine without a license is an example of which of the following types of laws?             

The President of the United Sates exercises limited legislative powers when issuing:              

Which list describes the elements of a contract?                  

 

 

Amanda is a nurse in Dr. Smith’s pediatric practice. She accidentally gives the wrong medication. Dr Smith is held responsible under:                

The American hospital Association (AHA) created a Patients’ Bill of Rights in 1973. This Bill of Rights has:                 

Assault is defined as:             

Battery is defined as:             

Both parties in the physician-patient relationship have certain rights and responsibilities. Which of the following is a physician responsibility?                   

Broad enabling statutes defining an agency’s powers and procedures are known as:              

A court of last resort is commonly known as:            

Dr. Giles and his practice manager are considering charging interest on unpaid balances. Which law says the doctor must first tell the patients of this change in policy?

A felony is:               

For which of the following actions would an employer be responsible under respondeat superior?               

If a mentally incompetent person enters into a contract, the agreement may be set aside or validated at a later date. In this case, the agreement is said to be:                  

The law of _______ makes employers liable for the actions of their employers.             

Laws enacted by state or federal legislatures are called:          

A misdemeanor is:                

A nurse who steals drugs from a medication cart is committing an offense under what kind of law?             

A patient has not paid the balance due after insurance payments. The practice manager has sent numerous reminders and the patient has not contacted the practice. At this point, the practice manager              

The relatives of a patient in a nursing home have been prevented from seeing their family member by one of the staff in the nursing home. The patient had filed a complaint about the staff member, so the staff member thought it appropriate to prevent visitors? Which of the following torts might the staff member be convicted of?          

A state court would have jurisdiction in which of the following cases?           

There are ____ branches of federal government.          

Unintentionally, a health care provider fails to exercise what is considered ordinary care. This is called _________ and the provider may be sued by the patient.                 

What are the elements of a contract?            

Which of the following must be in writing?               

 

 

All of the following guidelines are in place to help health care practitioners stay within their scope of practice and operate within the law except            

Amanda is a nurse in Dr. Smith’s pediatric practice. She accidently gives a patient the wrong medication. Dr. Smith is held responsible under          

A(n) ______ is issued by the clerk of the court and is delivered with a copy of the complaint to the defendant.           

As employers, physicians have general liability for many aspects of their business. Which of the following does not fall under the responsibility of the employers?            

Those damages awarded by the court to punish the defendant are called                 

The definition of liability is                

A deposition may be taken in which phase of the lawsuit?                

The failure to act when one should is called              

For which of the following actions would an employer be responsible under respondeat superior?               

If a patient is injured because a health care professional failed to exercise the care and expertise that under the circumstances could reasonably be expected of a professional with similar experience and training, then that professional may be liable for            

In an informal proceeding of arbitration, each side presents evidence and witnesses. In the dispute resolution method, referred to as med-arb, who resolves the dispute if the two parties are unable to reach an agreement after mediation?                   

Instead of going to court, two parties in dispute agree to a neutral third party listening to both sides of the argument and helping to resolve the dispute. What is the term for this type of dispute resolution?                  

A jury is selected in the ______ stage of a lawsuit.                 

The law of ______ makes employers liable for the actions of their employees.             

A medical assistant takes universal precautions while drawing blood for analysis. This is an example of          

A medical assistant who is recording data in a patient’s medical record maintains confidentiality at all times. Which of the following describes this practice?                   

A patient is properly cared for by the nurse practitioner. Which of the following describes one of the elements that the nurse practitioner has successfully met?              

A patient’s mammogram is reviewed and the radiologist reports a normal exam. Six months later, the patient finds a lump in her breast. The patient has a lumpectomy and makes a full recovery. It was determined that the mass was present and visible in the original mammogram. The patient sued claiming mental anguish. What type of damages might she be awarded?          

A patient was harmed when the oxygen tank she was using exploded. When filing a lawsuit, what type of damages might this patient be awarded?          

A physician is a specialist in obstetrics. Which of the following is true regarding the standard of care expected of this physician?                 

A physician working in a nursing home warns the residents of an outbreak of a communicable disease and takes measures to protect them from exposure. This is an example of what principle?                   

Some states require mediation and/or arbitration for certain civil cases, while in other states alternative dispute resolution methods are voluntary. Under the terms of a written contract, who chooses an arbitrator?            

What is the difference between a subpoena and subpoena duces tecum                  

Which of the following is an example of a privileged communication?            

Which of the following is not a violation of patient confidentiality?                

 

 

A certified medical assistant is constantly updating her knowledge and skills by attending in-services and seminars. This person is practicing which of the “4 Cs of medical malpractice prevention”?                  

The cost of malpractice liability insurance is based upon which of the following?                  

Developing an open line of communication can help the office with malpractice lawsuits. What is not a recommendation to improve communication?            

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

A health care practitioner who practices the “four Cs of medical malpractice prevention” finds two important benefits related to one of the “Cs”—that is, improvement in patients’ medical conditions and the decreased likelihood that they will sue. Which “C” is most likely to provide these benefits?                  

If the patient knew the _______________ before treatment, the defendant may use contributory negligence as a defense in a lawsuit.              

Medical malpractice insurance that covers the insured only for any claims arising from an incident that occurred, or is alleged to have occurred, during the time the policy was in force, regardless of when the claim is made is called:                   

Patients sue for a variety of reasons. Which of the following is not one of the top recurring reasons patients sue?              

A patient sues a physician for negligence and loses. The patient then sues the physician for breach of contract. The second suit is dismissed under what doctrine?           

A physician assistant (PA) accused of medical malpractice claims that the charge does not meet all of the elements of the theory of recovery. Which of the following defenses is being used by the PA?             

A physician joins a group practice and is applying at the local hospital for admission privileges, also known as credentialing. Which of the following is the final step in verifying the physician’s credentials?            

Release of tortfeasor is a(n):              

The statute of limitations is               

What instrument of risk management is particularly beneficial for following coding and billing regulations for Medicare, Medicaid, and other government plans?                   

What would be the best advice for a nurse caring for patients who have complained about their treating physician?                   

When a physician has malpractice insurance, who should they contact first when faced with a malpractice lawsuit?                   

When the defense claims that the patient’s actions caused or contributed to the injury, this is called a(n)                 

Where are Medicare and Medicaid sanctions and malpractice histories recorded?                 

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

Which of the following is a recommended communication technique to prevent medical malpractice lawsuits?           

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

 

 

The employer physician puts a plan in place to ensure that all government regulations are enforced in the practice. This is referred to as a _________ plan.            

For legal purposes, the healthcare professional should know that if it isn’t in writing and explained completely and accurately, it wasn’t done. To which of the following “4 Cs of medical malpractice prevention” does this statement refer?            

Medical malpractice insurance that covers the insured only for those claims made while the policy is in force is called                   

Methods used to manage risk are considered a part of which of the following?                   

Using the process of comparative negligence, a judge determines that the patient contributed 35% to the injury and the physician contributed 65%. Which of the following is the outcome of the case?              

What are the two factors that would influence the cost of premiums for a malpractice insurance policy?                   

What are the two limitations to a physician choosing to be covered by a self-insurance malpractice plan?                

Which of the following insurance policies cover incidents that occurred before the beginning of the new insurance relationship but that have not yet been brought to the insured’s attention as a claim?           

Which of the following is an example of a physician using risk management to reduce the likelihood of a malpractice lawsuit against his office?