Test Bank for Medical Law and Ethics 5th Edition by Fremgen

Test Bank for Medical Law and Ethics 5th Edition by Fremgen

Chapter 6   Professional Liability and Medical Malpractice

1) Failure to perform an action that a reasonable person would have performed in a similar situation is

1. A) an assumption of risk.
2. B) negligence.
3. C) respondeat superior.
4. D) malfeasance.

Answer:  B

2) Performing a wrong and illegal act is considered

1. A) misfeasance.
2. B) nonfeasance.
3. C) malfeasance.
4. D) feasance.

Answer:  C

3) Professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient is

1. A) nonfeasance.
2. B) feasance.
3. C) malpractice.
4. D) misfeasance.

Answer:  C

4) Negligence is composed of four elements

1. A) malpractice, misfeasance, nonfeasance, and malfeasance.
2. B) duty, dereliction of duty, direct or proximate cause, and damages.
3. C) malpractice, misfeasance, dereliction of duty, and damages.
4. D) duty, dereliction of duty, nonfeasance, and malfeasance.

Answer:  B

5) The reasonable person standard refers to the

1. A) dereliction of duty.
2. B) damages.
3. C) duty of due care.
4. D) proximate cause.

Answer:  C

6) The standard of care for physicians and other healthcare professionals is determined by

1. A) the AMA.
2. B) the local hospital.
3. C) a board of physicians appointed by the local chapter of the AMA who practice in the same medical specialty.
4. D) what members of the same profession would do in a similar situation within the same geographic area.

Answer:  D

7) To prove dereliction of duty, a patient would have to prove the physician

1. A) did not carry malpractice insurance.
2. B) did not conform to the acceptable standard of care.
3. C) took additional risks in performing the treatment.
4. D) none of the above.

Answer:  B

8) The thing speaks for itself applies to the law of negligence and is the doctrine of

1. A) res ipsa loquitur.
2. B) respondeat superior.
3. C) preponderance of evidence.
4. D) compensatory damages.

Answer:  A

9) Monetary awards by a court to a person who has been harmed in an especially malicious or willful way are

1. A) compensatory damages.
2. B) nominal damages.
3. C) punitive damages.
4. D) wrongful damages.

Answer:  C

10) To win a wrongful death case, the plaintiff must prove

1. A) proximate cause of death.
2. B) malpractice.
3. C) nominal damages.
4. D) negligence.

Answer:  D

11) The most common defense provided by the defendant in a medical malpractice case is called

1. A) affirmative defense.
2. B) denial defense.
3. C) assumption of risk.
4. D) borrowed servant.

Answer:  B

12) Assumption of risk is the legal defense

1. A) used by the defendant in a case to prove innocence from injury.
2. B) that prevents the plaintiff from recovering damages if he or she accepts a risk associated with the activity.
3. C) that determines that the patient was fully or partly at fault for the injury, and no damages may be recovered.
4. D) that bases the recovery of damages by the plaintiff on the amount of fault of the defendant.

Answer:  B

13) When an employer lends an employee to someone else, this is called

1. A) comparative negligence.
2. B) respondeat superior.
3. C) the borrowed servant doctrine.
4. D) fraud.

Answer:  C

14) The statute of limitations for a case begins to run

1. A) when the injury occurs.
2. B) 2 years after the injury.
3. C) when the plaintiff sues the defendant.
4. D) when the injury is discovered.

Answer:  D

15) Deliberate concealment of the facts from a patient is

1. A) comparative negligence.
2. B) fraud.
3. C) liability.
4. D) contributory negligence.

Answer:  B