Health Law Final Exam

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Health Law Final Exam

Note: It is recommended that you save your response as you complete each question.

 

Question 1 (3 points)

 

 

Who has ultimate responsibility for the quality of care rendered in a healthcare organization?

Question 1 options:

  Governing board (board of directors/trustees)
  Chief of the medical staff
  Medical executive committee
  Medical staff credentialing committee

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Question 2 (3 points)

 

 

When acting on applications for medical staff privileges, both government-owned and private hospitals must provide procedural due process.

Question 2 options:

  True
  False

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Question 3 (3 points)

 

 

A significant aspect of the Health Care Quality Improvement Act is that it

Question 3 options:

  creates a national data bank on peer review activities
  estabishes a national board of appeals for peer review decisions
  requires hospitals to immediately suspend any physician suspected of misconduct
  allows courts to substitute their judgments about decisions to suspend a physician’s privileges

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Question 4 (3 points)

 

 

In cases involving discipline of medical staff members, an allegation of “unprofessional conduct” is too vague and subjective to be a valid standard.

Question 4 options:

  True
  False

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Question 5 (3 points)

 

 

Which of the following is not commonly a function of the organized medical staff?

Question 5 options:

  Providing continuing medical education
  Serving as a liaison between physicians and the governing board
  Doing background checks on applications for medical staff privileges
  Investigating Medicare and Medicaid fraud by physicians

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Question 6 (3 points)

 

 

Legal disputes with the medical staff must be avoided if at all possible because

Question 6 options:

  collusion with the medical staff violates antitrust laws
  physicians are hospital employees
  such disputes are disruptive and expensive
  physicians are solely responsible for admitting patients

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Question 7 (3 points)

 

 

A hospital enters into an exclusive contract with a physician or physician group to provide specialty services (e.g., anesthesia or emergency department coverage). If that decision is challenged by a physician who has been excluded from performing those services, the courts generally defer to the hospital’s decision and find in favor of the hospital.

Question 7 options:

  True
  False

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Question 8 (3 points)

 

 

“Corporate liability” refers to which of the following?

Question 8 options:

  A corporation’s responsibility for the acts of its employees
  Use of reasonable care in appointing members of the medical staff
  Medical malpractice insurance coverage
  Medicare Conditions of Participation

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Question 9 (3 points)

 

 

Of the following legal issues, which is most likely to be of concern in the peer review process?

Question 9 options:

  Licensure
  Criminal background checks
  Medical society membership
  Confidentiality of peer review records

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Question 10 (3 points)

 

 

Under common-law principles, for many years private hospitals were essentially free of court intervention in decisions about medical staff appointments.

Question 10 options:

  True
  False

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Question 11 (3 points)

 

 

A patient in a hospital-owned ambulance is considered to have “come to the hospital” for purposes of the federal law on emergency medical care.

Question 11 options:

  True
  False

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Question 12 (3 points)

 

 

The federal law on emergency medical conditions applies to anyone on hospital property who the hospital determines has an emergency medical condition, even if the individual is not in the emergency department.

Question 12 options:

  True
  False

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Question 13 (3 points)

 

 

As a matter of common law, a physician has no duty to respond to a stranger’s call for medical assistance.

Question 13 options:

  True
  False

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Question 14 (3 points)

 

 

Under federal law, a woman who is in labor is considered to have an emergency condition.

Question 14 options:

  True
  False

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Question 15 (3 points)

 

 

To be a violation of the federal emergency medical treatment law, a hospital’s refusal to see a patient must have been motivated by the patient’s inability to pay.

Question 15 options:

  True
  False

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Question 16 (3 points)

 

 

Most courts have held that the federal law on emergency medical conditions essentially allows patients to sue for damages in federal court if their medical screening exams were performed negligently.

Question 16 options:

  True
  False

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Question 17 (3 points)

 

 

Historically, a physician’s duty to treat someone was founded upon which principle?

Question 17 options:

  The doctor-patient relationship
  Medicare Conditions of Participation
  Joint Commission standards
  Res ipsa loquitur

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Question 18 (3 points)

 

 

The federal law that requires evaluation of persons who come to a hospital emergency room is called

Question 18 options:

  OSHA
  EMTALA
  ERISA
  EXCULPA

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Question 19 (3 points)

 

 

Which of the following is the best summary of the purpose of a Good Samaritan Statute?

Question 19 options:

  To require people to stop blind men from walking off cliffs
  To protect people from liability who render aid at the scene of an accident
  To protect paramedics and other “first responders” from lawsuits
  To provide financial incentives that encourage emergency response teams

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Question 20 (3 points)

 

 

When can a patient who appears at a hospital and asks for emergency treatment be transferred to another facility?

Question 20 options:

  Never
  After the patient has been admitted and the condition is no longer an emergency
  When a transfer is in the patient’s best interests, medically speaking
  When no physician is on duty

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Question 21 (3 points)

 

 

The expression “implied consent” is most applicable in which of the following situations?

Question 21 options:

  When the patient has been seeing the doctor for many years
  When the treatment is part of a clinical research project
  When the patient is dying
  When there is an emergency and the patient is unconscious

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Question 22 (3 points)

 

 

Proof of a patient’s consent is a defense against which type of lawsuit?

Question 22 options:

  Harassment
  Battery
  False imprisonment
  Negligence

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Question 23 (3 points)

 

 

Which of the following factors is not relevant to a decision whether to provide nonemergency care to a competent 17-year-old.

Question 23 options:

  The individual is married.
  The individual is a member of the US Armed Forces.
  The individual is a high-school graduate.
  The individual is mature, and the treatment is relatively minor.

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Question 24 (3 points)

 

 

What type of consent is most commonly an issue in a medical malpractice case?

Question 24 options:

  Deathbed consent
  Express consent
  Informed consent
  Testamentary consent

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Question 25 (3 points)

 

 

The proper role of a medical interpreter is to translate literally the physician’s words into the patient’s native language.

Question 25 options:

  True
  False

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Question 26 (3 points)

 

 

“Ghost surgery” refers to what questionable practice?

Question 26 options:

  Procedures performed by a substitute physician
  Exorcism
  Voodoo rituals
  Training of medical residents

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Question 27 (3 points)

 

 

Which of the following was not a “right to die” case?

Question 27 options:

  In re Quinlan
  Matter of Conroy
  Buck v. Bell
  Cruzan v. Director

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Question 28 (3 points)

 

 

A patient has a right to refuse to consent to medical treatment because

Question 28 options:

  treatment without consent is battery
  it is in the Constitution
  otherwise the doctor cannot be paid
  it is required by Medicare

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