All health care professionals are held to the same standard of care.

True

False

False

Health care professionals are held to the standard of care which applies to their specific position, their education, training and experience, the task which they are undertaking, and their level of responsibility.

All contracts in medicine must be in writing in order to be valid.

True

False

False

Not all contracts in medicine need to be in writing.

Which one of the following persons can enter into a contract?

a. a drunk person

b. an infant

c. an elderly person

d. a person who is legally insane

c. an elderly person

Infants, drunk people, and people who are legally insane are considered incompetent for the purposes of contract law and, therefore, cannot enter into contracts.

Which of the following is (are) true about malpractice?

a. It is a form of unintentional tort.

b. It is also known as professional negligence.

c. It is a specific type of negligence that occurs when the standard of care is not met.

d. it is a form of intentional tort

e. a,b, and c

f.  b,c, and d

e. a,b, and c

It is a form of unintentional tort.

It is also known as professional negligence.

It is a specific type of negligence that occurs when the standard of care is not met.

Negligence is the failure to perform professional duties according to the accepted standard of care.

True

False

Which of the following is NOT true with respect to punitive or exemplary damages?

a. It may be awarded for pain and suffering.

b. Some states limit these kinds of damages.

c. It may be awarded for mental anguish.

d. It is for actual damages which the patient sustained and nothing more.

d. It is for actual damages which the patient sustained and nothing more.

The doctrine of res ipsa loquitur (Latin for "the thing speaks for itself") means that a physician is responsible for the 

acts of his or her employees.

True

False

False

The doctrine of res ipsa loquitur refers to negligence which is so obvious that the result could not have happened without negligence.

Battery refers to the unlawful touching, beating, or laying hold of persons or their clothing without consent.

True

False

Which of the following is not an example of an intentional tort?

a. inadvertently giving a patient a medication which their chart shows they are allergic to

b. knowingly performing a surgical procedure on someone without their consent

c. publishing false information about another doctor in order to ruin her reputation

d. gossiping about a patient's medical history in the elevator where others can hear

a. Giving a patient a medication which they are allergic to would be considered an unintentional tort since it would be done on accident. 

Gossiping would be considered invasion of privacy and therefore an intentional tort.

Because of the doctrine Respondeat Superior which requires that physicians are liable for the acts of their 

employees, employees do not need to worry about being sued.

True

False

False

Professional liability exists for both employer and employee.

Professional negligence

a. is more easily prevented than defended

b. may be described as malpractice

c. can be the result of either a provider or an employee error

d.  all of the above

e.  only a and b above

d.  all of the above

A contract may be

a. expressed or implied

b. written or oral

c. invalid if the agreement is unlawful

c. all of the above

e. only a and b above

c. all of the above

One type of defamation is battery.

True

False

False

Defamation is spoken or written words that tend to injure a person's reputation and for which damages can be recovered.

Libel is false and malicious defamatory spoken words.

True

False

False

 This is slander.

Nonfeasance is the improper performance of an act resulting in injury to another.

True

False

False

Nonfeasance is the failure to perform an act when there is a duty to do so.

A health care provider always has the right to terminate a relationship with a patient.

True

False

False

If a provider works for a managed care plan, there may be limitations on whether or not the provider can terminate a provider-client relationship.

A _________ is a wrongful act committed by one person against another person or against property.

The term res ipsa loquitur means "let the master answer".

True

False

False

The term res ipsa loquitur is Latin for "the thing speaks for itself".

The term respondeat superior means "let the master answer".

__________ is the commission of an unlawful act.

__________ is the term used to describe the improper performance of an act that results in an injury to another.

Spoken or written words concerning someone that tend to injure that person's reputation and for which damages 

can be recovered is called __________.

_________ is false, defamatory writings about a person.

Slander is false, malicious, defamatory spoken words.

True

False

A (an)__________ is a person appointed by a principal party to perform authorized acts in the name and under the control and direction of the principal.

Assault is the unlawful touching, beating, or laying hold of persons or their clothing without their consent.

True

False

False

Assault refers to a threat to inflict injury with an apparent ability to do so. The statement describes battery.

A _________ of contract arises when one of the parties involved in the contract fails to meet the contractual 

components.

Wrongful act committed by one person against another person or property.

Health care employee appointed by their employer (medical provider) to perform authorized acts in the name and under the control and direction of the employer.

A Latin phrase meaning "let the master answer", that is, the provider or physician is responsible for the acts of his or her employees.

Unlawful touching, beating, or laying hold of persons or their clothing without their consent.

res ipsa loquitur

A Latin phrase meaning "the thing speaks for itself". Relates to negligence law.

Spoken or written words concerning someone that could injure that person's reputation and for which damages can be recovered.

Professional negligence of physicians or providers.

Threat to inflict injury with the apparent ability to do so.

an alternative to litigation whereby a third party decides the outcome which is usually binding

an alternative to litigation whereby the parties are assisted to facilitate agreement between themselves

Read the scenario on P. 69 of your textbook regarding the patient who fell in the doctor's office.

If the family and patient sues, what concept in law would the suit be based upon?

a. defamation

b. intentional tort

c. abandonment

d. negligence

d. negligence

Read the scenario on P. 69 of your textbook regarding the patient who fell in the doctor's office.

Can the patient sue for punitive damages?

YES

NO

YES

The patient may sue for these types of damages, but some states limit the dollar amount of money the patient may receive.

Read the scenario on P. 69 of your textbook regarding the patient who fell in the doctor's office.

If the situation was different, and the patient was not harmed, could the patient still successfully sue?

YES

NO

NO

In order for a suit to take place, there must be some sort of damage or harm done.

Read the scenario on P. 69 of your textbook regarding the patient who fell in the doctor's office.

The MA cannot be held liable for the fall due to the doctrine of respondeat superior.

True

False

False

The employee can still be held liable but the employer may also be liable under this doctrine.

Read the scenario on P. 69 of your textbook regarding the patient who fell in the doctor's office.

If the patient sues the surgeon which of the following legal concepts would apply?

a. res ipsa loquitur

b. respondeat superior

c. nonfeasance

d. abandonment

e. all of the above

b. respondeat superior