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

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

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Medical Law and Ethics, 5e (Fremgen)

Chapter 2   The Legal System

 

1) Congress is the ________ branch of the federal government for the United States.

1. A) executive
2. B) legislative
3. C) judicial
4. D) constitutional

Answer:  B

 

2) The individual states

1. A) may vary on how they interpret and implement state laws.
2. B) may vary on how they interpret and implement federal laws.
3. C) must administer federal law the same.
4. D) A and C.

Answer:  D

 

3) The purpose of a constitution is to

1. A) set up a government.
2. B) define the power of the government to act.
3. C) set limits on the government’s power.
4. D) all of the above.

Answer:  D

 

4) Statutes are laws passed by

1. A) the state legislature.
2. B) Congress.
3. C) the president.
4. D) Congress or the state legislature.

Answer:  D

 

5) A rule or law made by an agency is called a/an

1. A) bill.
2. B) regulation.
3. C) statute.
4. D) act.

Answer:  B

 

6) Common law is established through

1. A) court decision.
2. B) federal law.
3. C) state decision.
4. D) municipal decision.

Answer:  A

 

7) Which definition is the best for precedent?

1. A) The ruling of a current case that is applied to a current case when the facts are different
2. B) The ruling in an early case that is applied to a subsequent case when the facts are the same
3. C) Let the decision stand
4. D) Liability for an injury to another person even if there was no intent to harm the other person

Answer:  B

 

8) Civil law includes

1. A) torts.
2. B) contracts.
3. C) medical malpractice.
4. D) all of the above.

Answer:  D

 

9) A civil injury or wrongful act committed against another person or property that results in harm and is compensated by money damages is

1. A) civil law.
2. B) tort law.
3. C) contract law.
4. D) administrative law.

Answer:  B

 

10) Civil law is commonly handled and settled

1. A) by the judge.
2. B) by the governor.
3. C) outside the courtroom.
4. D) by the federal government.

Answer:  C

 

11) Intentional torts include

1. A) assault and battery.
2. B) defamation.
3. C) false imprisonment.
4. D) all of the above.

Answer:  D

 

12) Action taken to confine a patient against his or her will is

1. A) defamation.
2. B) false imprisonment.
3. C) assault.
4. D) battery.

Answer:  B

 

13) Which is the best definition of libel?

1. A) Speaking false and malicious words concerning another person, which brings injury to his or her reputation
2. B) Making false and/or malicious statements about another person
3. C) Any publication in print, writing, pictures, or signs that injures the reputation of another person
4. D) Attempts to deceive another person

Answer:  C

 

14) Professional exercise of the type of care that a reasonable person would use in a similar circumstance is

1. A) the standard of care.
2. B) negligence.
3. C) a breach.
4. D) an unintentional tort.

Answer:  A

 

15) Failure or omission to perform professional duties to an accepted level is called

1. A) fraud.
2. B) negligence.
3. C) unintentional tort.
4. D) consideration.

Answer:  B

 

16) Which of the following best defines an expressed contract?

1. A) Agreement is shown through inference by signs, inaction, or silence.
2. B) Agreement is entered into orally (clearly stated) or in writing.
3. C) Failure to comply with the terms of the agreement
4. D) All of the above

Answer:  B

 

17) A contract between the patient and the physician can be terminated for

1. A) failure to follow instructions on the part of the patient.
2. B) missed appointments by the patient.
3. C) failure to pay for services.
4. D) all of the above.

Answer:  D

 

18) The result of breaking a criminal law may be

1. A) a fine.
2. B) imprisonment.
3. C) loss of a medical license.
4. D) all of the above.

Answer:  D

 

 

19) Which carries the punishment of fines or imprisonment in jail for up to a year?

1. A) A misdemeanor
2. B) A felony
3. C) Negligence
4. D) Battery

Answer:  A

20) The federal court has jurisdiction a over case when

1. A) the case relates to federal law.
2. B) the dispute occurred on or in international waters.
3. C) another country’s citizen and a U.S. citizen are in dispute with a monetary value of over $75,000.
4. D) all of the above.

Answer:  D

 

21) Which of the following is the lowest to highest division of the state courts?

1. A) Municipal, circuit, supreme
2. B) Circuit, municipal, supreme
3. C) Supreme, circuit, municipal
4. D) Municipal, supreme, circuit

Answer:  A

 

22) The person being sued in a court of law is the

1. A) plaintiff.
2. B) jury.
3. C) defendant.
4. D) litigator.

Answer:  C

 

23) A court order for a witness and certain documents to appear in court is a

1. A) deposition.
2. B) subpoena duces tecum.
3. C) discovery.
4. D) subpoena.

Answer:  B

 

24) An expert witness is considered to have

1. A) knowledge of the crime committed.
2. B) a legal background (for example, a lawyer).
3. C) knowledge or experience beyond the jury.
4. D) all of the above.

Answer:  C

 

 

25) When testifying in court, it is important to

1. A) tell the truth.
2. B) state the facts.
3. C) include your opinion.
4. D) A and B.

Answer:  D

 

Chapter 4   Today’s Healthcare Environment

 

1) A fixed-payment plan of health insurance offers coverage for

1. A) hospital care.
2. B) physicians’ visits.
3. C) complete medical care.
4. D) dental care.

Answer:  C

 

2) Third-party payers are

1. A) physicians.
2. B) insurance companies.
3. C) patients.
4. D) hospitals.

Answer:  B

 

3) The purpose of the gatekeeper is to

1. A) approve all nonemergency services.
2. B) approve hospitalizations.
3. C) approve tests before they are given.
4. D) all of the above.

Answer:  D

 

4) In a managed care organization, financial risk is shared by the

1. A) organization.
2. B) hospital.
3. C) physician.
4. D) all of the above.

Answer:  D

 

5) A gag clause, considered illegal in contracts between physicians and managed care organizations

1. A) prohibits the physician from discussing the income of the organization.
2. B) allows the physician to share financial incentives only with patients.
3. C) prohibits the physician from discussing financial incentives given by the organization.
4. D) allows the managed care organization to refuse to pay for care given by the physician.

Answer:  C

 

6) Managed care organizations may attempt to limit a patient’s

1. A) choice of hospitals.
2. B) referrals to specialists.
3. C) length of stay in a hospital.
4. D) all of the above.

Answer:  D

 

7) A health maintenance organization (HMO) provides

1. A) healthcare services available for a predetermined fee per member by a limited group of providers.
2. B) no preventive care services.
3. C) healthcare services by requiring a large copayment.
4. D) healthcare services through a nonrestricted group of providers.

Answer:  A

 

8) Capitation is

1. A) a fixed monthly fee paid to the healthcare provider for providing patient services.
2. B) an additional payment for services paid directly by the patient at the time of service.
3. C) limitation of all services for care to a fixed dollar amount.
4. D) a fixed amount the managed care organization may charge the patient for membership in the organization.

Answer:  A

 

9) Medicare is a federal program of

1. A) healthcare coverage for the poor and indigent.
2. B) healthcare coverage in which rationing of care might occur in the future.
3. C) healthcare coverage for the elderly and disabled.
4. D) B and C.

Answer:  D

 

10) Medicaid is a

1. A) federally implemented program for indigent care.
2. B) state-funded program for indigent care.
3. C) federal program of care for the poor implemented by the states.
4. D) locally implemented program of indigent care.

Answer:  C

 

11) A Medicare-instituted method of hospital payment is

1. A) HMO.
2. B) DRG.
3. C) PPO.
4. D) EPO.

Answer:  B

 

12) Diagnosis-related groups refer to

1. A) the classification of patients of illness by diagnosis.
2. B) persons without funds.
3. C) limiting care to a certain number of persons with a diagnosis.
4. D) limiting care to a set number of days.

Answer:  A

 

 

13) Those persons most likely to receive the best care under a managed care system are

1. A) the wealthy.
2. B) the poor and ignorant.
3. C) those who understand the system.
4. D) all of the above.

Answer:  C

14) Medicare and Medicaid prohibit physicians from

1. A) referring to services they own.
2. B) charging a reasonable fee for service.
3. C) referring to rehabilitation or long-term care.
4. D) ordering expensive tests.

Answer:  A

 

15) Different methods of medical practice, such as partnerships and corporations, are the result of

1. A) increased insurance coverage costs.
2. B) a desire to better serve patients’ needs.
3. C) increased patient-initiated malpractice lawsuits.
4. D) all of the above.

Answer:  D

 

16) A practice in which the physician employs other physicians and pays them a salary is called

1. A) solo practice.
2. B) sole proprietorship.
3. C) partnership.
4. D) associate practice.

Answer:  B

 

17) An associate practice is a legal agreement in which the physicians

1. A) share a facility and staff.
2. B) share the loss and profits.
3. C) share responsibility for legal actions of each other.
4. D) all of the above.

Answer:  A

 

18) A business operation of a medical practice in which two or more physicians are responsible for the actions of each, including debts, is called a/an

1. A) associate practice.
2. B) solo practice.
3. C) partnership.
4. D) group practice.

Answer:  C

 

 

19) A medical practice consisting of three or more physicians who practice the same specialty and share expenses and income is a/an

1. A) group practice.
2. B) partnership.
3. C) associate practice.
4. D) corporation.

Answer:  A

 

20) The members of a professional corporation are known as

1. A) the board of directors.
2. B) shareholders.
3. C) physicians.
4. D) lawyers.

Answer:  B

21) Benefits of a corporation include all of the following except

1. A) profit sharing for its members.
2. B) pension plans for its members.
3. C) insurance for its members.
4. D) protection from lawsuits for the corporation.

Answer:  D

 

22) Which form of medical practice ends with the death of the owner?

1. A) A corporation
2. B) A partnership with several partners
3. C) An associate practice
4. D) A solo practice

Answer:  D

 

23) Fee splitting occurs when

1. A) a hospital is paid in proportion to business received for holders of the franchise.
2. B) one physician pays another physician for the referral of patients.
3. C) income in a group practice is shared.
4. D) a physician receives payment from both the insurance company and the patient.

Answer:  B

 

24) Allied health professionals who are certified include all of the following except

1. A) medical assistants.
2. B) phlebotomist.
3. C) medical transcriptionists.
4. D) pharmacists.

Answer:  D

 

 

25) A person with the appropriate education who practices as a doctor of medicine or doctor of osteopathy is called a/an

1. A) allied health professional.
2. B) physician.
3. C) dentist.
4. D) all of the above.

Answer:  B