Test 2 Flashcards by Renee Glaser

Actual damages, which compensate a plaintiff for for losses incurred, are _______.

A. Nominal
B. Compensatory
C. Non-economic
D. Punitive

Compensatory

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Service of a summons and complaint ________.

A. Require adequate notice to the defendant
B. May occur in person or via mail
C. Both a and b
D. None of the above

Both a and b

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Court orders for the production of records ______.

A. Are issued by opposing counsel
B. Do not require patient authorization
C. Do require patient authorization
D. Are the same as subpoenas for the production of records

Does not require patient authorization

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A plaintiff files a lawsuit against a defendant. The defendant, in turn, files a lawsuit against the plaintiff a.) and against a co-defendant b) These two actions, a) and b) are called________.

A. Counterclaim; crossclaim
B. Crossclaim; counterclaim
C. Joinder; crossclaim
D. Default judgement; counterclaim

Counterclaim; crossclaim

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When a patient discovers that a sponge has been left in his abdomen following surgery, the patient has a cause of action to bring a lawsuit. To bring suit, the patient must document and serve his allegations to the surgeon in a legal document called a(n) ________.

A. Answer
B. Denial
C. Subpoena
D. Complaint

Complaint

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A defendant fails to respond to a plaintiff’s complaint. This may result in________.

A. Default judgment
B. Joinder
C. A counterclaim
D. A crossclaim

Default judgment

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When a patient discovers that a hemostat has been left in his abdomen by a surgeon, the patient has a cause of action to bring a lawsuit. To bring suit, the patient must document and serve his allegations to the surgeon. The surgeon must respond via a legal document called a(n) ________.

A. Answer
B. Denial
C. Subpoena
D. Complaint

Answer

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Mrs. Black’s filed lawsuit against Mr. Brown. Mr. brown ignored the summons and complaint. Under what legal theory did Mrs. Black win the case?

A. Beyond a reasonable doubt
B. Default judgement
C. Directed verdict
D. Preponderance of the evidence

Default judgement

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A defendant does not pay the damages awarded against her in a lawsuit. The court may order the seizure of a portion of her monthly wages to satisfy the judgment in an action called________.

A. Garnishment
B. Judgement lien
C. Punitive damages
D. Writ of execution

Garnishment

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An environmental service employee of the hospital was called to the vascular surgery floor to clean the floor where a bag of potassium chloride had spilled. After cleaning the floor, the employee failed to place any signs advising others of a wet floor. Mrs. Jones, a hospital visitor, fell on the wet floor and injured her back. She incurred medical expenses of $560 and lost wages in the amount of $1000. She brought suit and the jury awarded her $1560, representing reimbursement of the medical expenses and lost wages, plus $10,000 for the jurors’ perceived recklessness on the part of the hospital. What is the $10,000 amount considered?

A. Compensatory damages
B. Nominal damages
C. Punitive damages
D. Minimal damages

Punitive damages

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The burden of proof in which a plaintiff must prove that it was “more likely than not” that each element of a case was met is called ________.

A. Beyond a reasonable doubt
B. Compensatory damages
C. Equity
D. Preponderance of the evidence

Preponderance of the evidence

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The process that allows evidence to be used in a court of law and considered by a jury is________.

A. Admissibility
B. Discoverability
C. Service
D. Litigation

Admissibility

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A state appellate court will hear a case dealing with an injury to a patient if the attorney appealing the case can prove________.

A. An error of law occurred
B. An error of fact occurred
C. The witnesses who testified for the opposing side were not truthful
D. The witnesses who testified for the opposing side incorrectly recalled the incident that led to the injury

An error of law occurred

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Mr. Green won a $500,000 lawsuit against Dr. Blue. Dr. Blue has appealed. Upon appeal, Mr. Green is referred to as the________.

A. Respondent
B. Petitioner
C. Plaintiff
D. Defendant

Respondent

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A health information management professional may attend legal proceedings and testify as to ________.

A. The authenticity of the patients health record
B. The reason a patient was treated
C. Reasons a defendant healthcare provider should not be sued
D. All of the above

The authenticity of the patients health record

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A subpoena duces tecum compels the recipient to________.

A. Bring records to a legal proceeding
B. Serve on a jury
C. Answer a complaint
D. Testify a trial

Bring records to a legal proceeding

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The Electronic Discovery Reference Model (EDRM) ________.

A. Was developed to assist in the e-discovery process
B. Is a legally-binding agreement that all organizations must follow
C. Is a legally-binding agreement in some but not all states
D. Is a model that must be followed in e-discovery cases

Was developed to assist in the e-discovery process

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The legal proceedings that accompany a lawsuit are called _______.

A. Complaint
B. Default judgement
C. Summons
D. Litigation

Litigation

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Formal, written objections to subpoenas are often made in a _____.

A. Motion of quash
B. Denial to respond
C. Refusal
D. Letter

Motion of quash

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Class action lawsuits often involve ________.

A. Students against teachers
B. Groups of consumers against large entities
C. Physicians against other physicians
D. Hospitals against insurance companies

Groups of consumers against large entities

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Dr. Howard is called to testify in a medical malpractice case against Dr. Dale. He testifies that, based on his expertise of the subject matter, Dr. Dale did not commit medical malpractice. In this case, Dr. Howard is a(n)

A. Bailiff
B. Lay Witness
C. Juror
D. Expert Witness

Expert Witness

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A health record is representative of what type of evidence?

A. Documentary evidence
B. Direct evidence
C. Circumstantial evidence
D. Oral evidence

Documentary evidence

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Evidence is __________.

A. The means by which facts of a case are proved or disproved
B. The use of pictures and objects to present a case
C. The sharing of pretrial information among parties to a case
D. The admission of information to be considered by a judge or jury

The means by which facts of a case are proved or disproved

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Forms of evidence include __________.

A. Oral testimony
B. Written documents
C. Pictures and objects
D. All of the options are correct

All of the options are correct

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Apology statutes __________. A. Protect providers' apologetic communications to patients from being admitted into evidence B. Allow providers' apologetic communications to patients to be admitted into evidence C. Prohibit providers apologizing for adverse medical outcomes D. Consider providers' admissions of sympathy due to adverse medical outcomes as admissions of guilt

Protect providers' apologetic communications to patients from being admitted into evidence

Pat Clark, a plaintiff in a legal case has been subpoenaed for a deposition. The plaintiff's attorney wishes to use his client's health record as evidence to prove his client's case. In this situation, although the record constitutes hearsay, it may be used as evidence based on the _________. A. Admissibility exception B. Discover exception C. Business records exception D. Direct evidence exception

Business records exception

The main purpose of an incident report is to do which of the following? A. Document adverse events B. Determine who is at fault C. Develop a defense strategy D. Deliver sanctions to those at fault

Document adverse events

Which of the following types of records may be protected from discovery by privilege? A. Incident reports B. Medical records C. Employee records D. Payroll records

Incident reports

When a legal hold is issued by the court, what action must an organization take? A. Suspend the processing or destruction of the records in question B. Consult with legal counsel C. Destroy all records that have been inactive for at least five years D. Disclose all requested records to opposing counsel

Suspend the processing or destruction of the records in question

During a trial to determine whether Dr. Smith was liable for medical malpractice, Dr. Smith testified in his own defense. Legally, Dr. Smith's testimony was _______. A. Real evidence B. Direct evidence C. Inadmissible D. Unreliable

Direct evidence

Information about an electronic health record, such as the date and time of data creation is __________. A. Metadata B. Spoliation C. Legal hold D. Hearsay

Metadata

Whether or not a health record tends to make the existence of any fact more or less probable than it would be without the record refers to __________. A. Relevance B. Admissibility C. Burden of proof D. Discoverability

Relevance

When Dr. Smith realized he was being sued over a malpractice issue, he intentionally destroyed certain records and other evidence relevant to the legal proceedings. What legal concept is indiactive of this situation? A. Legal hold B. Spoliation C. Mutilation D. Metadata

Spoliation

The Best Evidence Rule allows for __________. A. Copies of records to be allowed as evidence B. Hearsay to be allowed as evidence C. The jury to decide what is the best evidence D. Only original records to be allowed as evidence

Copies of records to be allowed as evidence

Physician-patient privilege belongs to the __________. A. Judge B. Physician C. Patient D. Owner of the medical record

Patient

Gwen Stone files a medical malpractice lawsuit against Dr. Hudson, alleging that he committed negligence in the treatment of her diabetes. Ms. Stone's attorney insists that Dr. Hudson cannot speak about her medical diagnoses because of physician-patient privilege. Ms Stone's attorney ______. A. Is correct because of the physician-patient privilege is absolute B. Is incorrect because she placed her medical condition as an issue B. Is incorrect because she has not yet signed an authorization for disclosure D. Is incorrect because the physician holds the physician-patient privilege

Is incorrect because she placed her medical condition as an issue

If a patient seeks damages as the result of a car accident in which her back was injured, which records would probably be admissible? A. All of her previous medical records B. All medical records from her physician who performed her facelift C. All medical records pertaining to her back injury D. All records from her previous immunizations

All medical records pertaining to her back injury

The affidavit of the custodian of records allow the health record to be _________. A. Disregarded as evidence B. Admitted into evidence C. Considered hearsay D. Relevant evidence

Admitted into evidence

A patient places her medical condition at issue by filing a lawsuit against her treating physician. By doing this, the patient has __________. A. Breached patient confidentiality B. Testified against the physician C. Established the authority of her medical information D. Waived the physician patient privilege

Waived the physician-patient privilege

Alex Smith is a patient of Robert Parker, a physician's assistant at Norris Clinic. A question has surfaced that regarding physician-patient privilege and who is this case has the right to waive the confidentiality of Mr. Smith's patient information. The person who can waive confidentiality is _______. A. The Norris Clinic B. Alex Smith, patient C. Alex Smith's doctor D. Robert Parker, Physician assistant

Alex Smith, patient

Which of the following terms denotes a civil wrongdoing for which the law will provide a remedy in the form of a law suit to recover damages? A. Common law B. Damages C. Strict liability D. Tort

Tort

The statute of limitations generally refers to ______. A. Limitations imposed by law on those who practice medicine B. Period of time within which a lawsuit must be brought C. Period of time within which a case must go to trial after a lawsuit is filed D. Restrictions imposed on newly appointed medical staff members

Period of time within which a lawsuit must be brought

What is the legal term that refers to the legal obligation or responsibility of Dr. Smith to owe his patient money as a result of a lawsuit the patient has won against Dr. Smith for negligence? A. Felony B. Liability C. Misdemeanor D. Tort

Liability

Dr. Smith performed surgery on a patient. The planned surgery was an appendectomy, but Dr. Smith performed a second procedure as well, which the patient had not consented to. The most likely successful cause of action resulting from the second procedure is__________. A. Defamation B. Battery C. Strict liability D. No possible successful cause of action

Battery

Which of the following terms denotes the form of monetary compensation a court may award to an individual in a civil action who has been injured by another party? A. Common law B. Damages C. Strict liability D. Tort

Damages

Assault and battery falls under the category of ________. A. Malpractice B. Negligent tort C. Intentional tort D. Breach of contract

Intentional tort

In tort law, a tortfeasor refers to which individual in a legal court case? A. Defendant B. Judge C. Plaintiff D. Prosecutor

Defendant

Mr. Jones is suing Dr. Marks for breach of confidentiality in regard to the disclosure of his positive test results related to a sexually transmitted disease. What defense might Dr. Marks claim to counter Mr. Jones claim? A. Assumption of risk because of the disease that Mr. Jones contracted B. Mr. Jones signed an authorization to disclose his information C. Because the test results were positive for a sexually transmitted disease, the results had to be forward to the health department. D. a and b E. b and c

b and c

Johnny Doolittle died as a result of an adverse reaction to a medication administered during surgery at Getwell Hospital, a Joint Commission-accredited facility. The hospital had consistently failed to enforce Joint Commission standards requiring the presence of a complete history and physical exam on the patient’s chart prior to surgery. Because of the absence of a history and physical exam on the patient’s chart and the information it would have contained regarding drug allergies, the hospital may be found to have committed_________ a. Breach of duty b. Breach of contract c. Breach of agreement d. Breach of responsibility

Breach of duty

The following legal doctrine was widely recognized by the courts until the landmark ruling of Darling v. Charleston Community Memorial Hospital was issued. A. Charitable immunity B. Corporate negligence C. Proximate cause D. Vicarious liability

Charitable immunity

Conduct that places a person in reasonable apprehension of being touched in a manner that is insulting, provoking, or physically injurious is called_______ a. Assault b. Battery c. Defamation d. Unlawful touching

Assault

The burden of proof falls upon the defendant, contrary to the usual burden of proof requirement, except in cases that apply this principle __________. A. Stare decisis B. Informed refusal C. Res ipsa loquitur D. Respondeat superior

Res ipsa loquitur

The negligent tort of misfeasance refers to which of the following statements? A. Characterized by the additional element of intentional conduct in that such conduct is intended to cause damage B. Failure to do an act that a person is under a duty to do and that a person of ordinary prudence would have done under the same or similar circumstances C. Improper performance of an act that a person might lawfully do or active misconduct that causes injury to another D. What an individual is expected to do or not do in a particular situation

Improper performance of an act that a person might lawfully do or active misconduct that causes injury to another

The negligent tort of malfeasance refers to which of the following statements? A. Characterized by the performance of a wrongful act that may be unlawful B. Failure to do an act that a person is under a duty to do and that a person of ordinary prudence would have done under the same or similar circumstances C. Improper performance of an act that a person might lawfully do or active misconduct that causes injury to another D. What an individual is expected to do or not do in a particular situation

Characterized by the performance of a wrongful act that may be unlawful

Which elements must be present in order for damages in a negligence action to be awarded? a. Assumption of risk, injury, duty of care, causation b. Injury, duty of care, breach of duty, causation c. Injury, assumption of risk, breach of duty causation d. Injury, duty of care, respondeat superior, breach of duty

Injury, duty of care, breach of duty, causation

The negligent tort of nonfeasance refers to which of the following statements? A. Characterized by the additional element of intentional conduct in that such conduct is intended to cause damage B. Failure to do an act that a person is under a duty to do and that a person of ordinary prudence would have done under the same or similar circumstances C. Improper performance of an act that a person might lawfully do or active misconduct that causes injury to another D. What an individual is expected to do or not do in a particular situation

Failure to do an act that a person is under a duty to do and that a person of ordinary prudence would have done under the same or similar circumstances

What legal concept maybe applied when Dr. Smith failed to prescribe the appropriate treatment for a patient that would have been prescribed by any other physician in a similar situation treating a patient with a similar condition? A. Affirmative defense B. Criminal tort C. Standard of care D. Strict liability

Standard of care

During hospitalization, Mrs. Jones went into shock. Hot water bags and other restoratives were ordered by the attending physician. Because the temperature of the hot water bags was too high, and not checked by the nurse, Mrs. Jones suffered painful and permanent injuries. In this instance who may be sued under the doctrine of respondeat superior? a. Nurse b. Physician c. Hospital d. Doctrine of respondeat superior is not applicable in this situation.

Hospital

In this negligent case, Dr. Smith was found to be 50 percent responsible for the patient's health problem, but the jury also found that the patient was 50 percent responsible for his problem and thus was awarded 50 of the damages. What defense doctrine is applied in this situation? A. Assumption of risk B. Comparative negligence C. Contributory negligence D. Rescue doctrine

Comparative negligence

Mary Jones stopped to help an individual who was in a car crash. The individual later brought a civil case against Ms. Jones alleging she contributed to injuries the person received at the site of the accident although Ms. Jones had nothing to do with the accident. What defense from liability may Ms. Jones rely on in this situation? A. Collateral immunity B. Good Samaritan immunity C. Government immunity D. Sovereign immunity

Good Samaritan immunity

What type of defamation of character occurs when a false oral communication is made about an individual? A. Assault B. Battery C. Libel D. Slander

Slander

What type of defamation of character occurs when a false communication is made in writing about an individual? A. Assault B. Battery C. Libel D. Slander

Libel

What are the two types of causation necessary to meet the “causation” element of negligence? a. Actual and proximate b. Real and proximate c. Relative and actual d. Relative and proximate

Actual and proximate

What is the term used to denote the liability of an employer for the acts of its employees? A. Respondeat superior B. Res ipsa loquitur C. Corporate negligence D. Subpoena duces tecum

Respondeat superior

Which of the following characterizes a corporation? A. It is separate from its owners or incorporators B. It can sue or be sued C. It can continue to exist despite an owner's death D. All of the above

All of the above

Which of the following is/are required for a legal contract to be formed? A. Offer, B. Legally competent parties C. Consideration D. All of the above

All of the above

Express contracts are __________. A. Written B. Implied C. Written or spoken D. None of the above

Written or spoken

Five years ago, 75 percent of cardiac patients in Hart County sought services at Regency Health because of the national reputation of the skill of its medical staff. Now, five years later, 80 percent of cardiac patients in Hart County seek services at Regency Health because of its continued national reputation and the completion of a new cardiac outpatient center. Which of the following statements is true? A. Regency Health's actions cannot be considered antitrust violations because the increase in volume is less than the Sherman Act's threshold of 20 percent in five years B. Regency Health's has committed a "per se" violation of antitrust law C. The 5 percent increase in patient volume is, on its fact, an "unreasonable" restraint of trade in Hart County D. Regency Health's actions may not be antitrust violations because of the superior skill of its medical staff

Regency Health's actions may not be antitrust violations because of the superior skill of its medical staff

A not-for-profit corporation may _______. A. Not make a profit B. Not make a profit for five years in a row C. Pay reasonable salaries to its employees D. Distribute its income for individuals' private gain

Pay reasonable salaries to its employees

Tax-exempt organizations must be __________. A. For-profit B. Not-for-profit C. Either a or b D. Neither a nor b

Not-for-profit

Dr. Jones and Dr. Smith own a medical practice that has existed as a general partnership. They wish to incorporate. Advantages of incorporating include __________. 1. Shielding Dr. Jones and Dr. Smith from personal liability 2. Tax-exempt status for Dr. Jones and Dr. Smith 3. Automatic not-for-profit status of the medical practice 4. Allowing the practice to continue to exist even if Dr. Jones or Dr. Smith dies A. 2 and 3 B. 2 and 4 C. 1 and 4 D. 1 and 3

1 and 4

The Sherman Act __________. A, Prohibits tax-exempt status for for-profit organizations B. Prohibits tax-exempt status for profitable healthcare organizations C. Prohibits concerted activities with the goal of restraining trade D. Prohibits organizations from competing with one another

Prohibits concerted activities with the goal of restraining trade

Community Hospital and Mercy Hospital created a new corporation, Community-Mercy Hospital, Inc. Community Hospital and Mercy Hospital each ceased to exist as individual organizations. This process that has taken place is ________. A. consolidation B. acquisition C. merger D. joint venture

consolidation

Bylaws ___________. A. Are the internal rules of an organization B. Are the regulations of government agencies C. Cannot be modified once they are created D. Are none of the above

Are the internal rules of an organization

"Piercing the corporate veil" refers to _________. A. allowing a corporation to be taxed B. allowing owners to realize additional profits C. holding corporation owners liable for illegal acts D. disclosing corporate secrets to the media.

holding corporation owners liable for illegal acts

A not-for-profit corporation that is formed for a charitable purpose _________. A. Is subject to federal and state taxes B. May distribute its income for individuals' private gain C. Must meet IRS-established criteria to be tax-exempt D. Must provide charity care to anyone who is unable to pay

Must meet IRS-established criteria to be tax-exempt

Duty of loyalty is one component of __________. A. Duty of responsibility B. Fiduciary duty C. Consolidation D. Antitrust law

Fiduciary duty

General Hospital is 1000-bed facility. Mercy Hospital is a 100-bed hospital. They join the form one corporation, which is named General Hospital. The Restructuring that has most likely occurred is a _____. A. Merger B. Acquisition C. Consolidation D. None of the above

Acquisition

If parties to a contract agree to hold each other harmless for each other's actions or inactions, this is referred to as a(n) __________. A. Liability B. Offer C. Indemnification D. Warranty

Indemnification

Which of the following offers both civil and criminal penalties? A. Sherman Act B. Clayton Act C. Federal Trade Commission Act D. None of the above

Sherman Act

A physician has been found to have breached his contract with a patient through abandonment. As a remedy, the court may order that the physician continue to treat the patient until the patient can find a new provider. In this case, the remedy is _________. A. compensatory damages B. specific performance C. a warranty D. all of the above

specific performance

NonCompete agreements _______. A. Might violate antitrust law B. Represent a horizontal restraint of trade C. Are exculpatory contracts D. Are invalid if they are not in writing

Might violate antitrust law

When competitors agree to fix prices to divide the market, they are committing __________. A. Fraud B. Horizontal restraint of trade C. Duess D. Vertical restraint of trade

Horizontal restraint of trade

Which of the following is a defense doctrine used by HIT vendors? A. Learned intermediary B. Duty to warn C. Ultra vires D. Warranty

Learned intermediary

Ultra vires acts are those that __________. A. Exceed a corporations powers B. Are within a corporation's powers C. Bolster a corporation financially D. Cause a corporation to suffer financially

Exceed a corporations powers

Mary has been deposed via a subpoena duces tecum. As the HIM director of General Hospital, she will bring the health record of a patient. Of the following options, what will Mary's role be? A. Authenticate the record's validity B. Decipher the physicians' illegible handwriting C. Read the record to a judge D. Interpret the record's entries

Authenticate the record's validity

A subpoena ________. A. May be issued by a party's attorney B. Is the same as a court order C. Is a method of discovery D. Is used only in civil cases

May be issued by a party's attorney

Mrs. Black sued Mr. Brown for failing to return the mechanics of a clock to her after he failed to build a clock case. Mr. Brown ignored Mrs. Black's lawsuit, and she won a judgment of $1000.00. The court encumbered Mr. Brown's property so that, when he tried to sell it three years later, he was unable to take any profit from the sale until Mrs. Black was first paid. This collection is called________. A. Equity B. Judgement lien C. Garnishment D. Writ of execution

Judgement lien

Relevant evidence __________. a. Favors the defendant b. Favors the plaintiff c. Cannot be prejudicial against either party in a lawsuit d. Tends to make the existence of a fact more or less probable

Tends to make the existence of a fact more or less probable

Whether or not information may be introduced formally into evidence at a trial depends on what evidentiary concept? a. Admissibility b. Discoverability c. Burden of proof d. Case law

Admissibility

Authentication of a record refers to __________. a. Establishment of its baseline trustworthiness b. The type of electronic operating system on which it was created c. The identity of the individual who notarized it d. Its relevance

Establishment of its baseline trustworthiness

Use of EHR metadata __________. a. Enables the compilation of all of a patient's treatment encounters in an EHR b. Determine when and how a document in the EHR may have been modified c. Is relevant when comparing it to a paper health records d. Refers to the intentional destruction of evidence in a record

Determine when and how a document in the EHR may have been modified

The best evidence rule __________. a. Prohibits the introduction of photocopies into evidence b. Requires the submission of photocopies into evidence c. Requires oral testimony instead of documentary evidence d. Permits copies to be substituted in certain circumstances

Permits copies to be substituted in certain circumstances

A patient sued Dr Smith for negligent care. Dr Smith produced evidence showing that the patient's poor medical outcome was due to the patient's failure to follow his treatment plan and to take his prescribed medications. If a court allows the plantiff to only recover damages to the extent he or she was not responsible for the harm, what defense has the court applied to its final judgement? a. Assumption of the risk b. Contributory negligence c. Comparative negligence d. Comparitive risk

Comparative negligence

A scalpel was left in a patient during an exploratory laparotomy. Additional surgery was required to remove the scalpel. Based on these facts, which rule applies? a. Res ipsa loquitur b. Compartive negligence c. Stare decisis d. Contributory negligence

re ipsa loquitur

Which of the following is true of contracts? a. They must be in writing. b. They must be express. c. They must contain an offer and acceptance. d. All of the above

They must contain an offer and acceptance.