Medical Law and Ethics Flashcards

What type of consent is demonstrated when a patient extends their arm for a phlebotomy procedure?

Answer: Implied Consent

Implied consent is assumed based on a patient's actions, which indicate agreement to a procedure. Extending an arm for a blood draw is a classic example of a non-verbal action that implies consent. Informed consent involves a detailed explanation of risks and benefits, while expressed consent is stated verbally or in writing.

Which of the following is a permissible disclosure of Protected Health Information (PHI) under HIPAA without patient authorization?

Answer: For treatment, payment, and healthcare operations (TPO)

HIPAA allows for the disclosure of PHI without specific patient authorization for Treatment, Payment, and healthcare Operations (TPO). This enables healthcare providers to coordinate care, bill for services, and conduct quality assessment activities. All other options listed would require specific patient authorization.

In California, which of the following tasks is outside the scope of practice for a Medical Assistant?

Answer: Independently triaging patients over the phone

Medical Assistants in California cannot independently triage patients, as this requires a license to assess and diagnose. While they can ask standardized questions from a script provided by a licensed professional, they cannot make independent judgments about a patient's condition. The other tasks are within the MA scope of practice under direct supervision.

The legal doctrine "Res ipsa loquitur" refers to:

Answer: The thing speaks for itself

"Res ipsa loquitur" is a Latin legal principle meaning "the thing speaks for itself." It is used in cases where negligence is so obvious that it doesn't need to be proven by the plaintiff, such as a surgical instrument being left inside a patient after surgery.

A patient's right to confidentiality is primarily protected by which federal law?

Answer: The Health Insurance Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule establishes national standards to protect individuals' medical records and other identifiable health information. It sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization.

A document that specifies a patient's wishes regarding medical treatment if they become unable to make decisions for themselves is called a(n):

Answer: Living Will

A Living Will is a type of advance directive that outlines a person's desires regarding their medical treatment in circumstances in which they are no longer able to express informed consent. It is a key component of end-of-life planning and is part of the Patient Self-Determination Act.

A medical assistant who publicly criticizes a physician's diagnosis is committing a breach of:

Answer: Professional ethics

Professional ethics require healthcare workers to maintain a professional demeanor and handle disagreements or concerns through proper channels, not through public criticism. This behavior undermines the patient's trust in the healthcare team and is considered unprofessional conduct.