CCMA Medical Law and Ethics 5 — Questions and Answers
Question 1: Under the doctrine of 'res ipsa loquitur,' which of the following scenarios would most likely apply?
- A patient develops a post-operative infection after surgery
- A surgical sponge is found inside a patient after an abdominal procedure (Correct answer)
- A patient experiences a drug allergy reaction to a properly prescribed medication
- A patient falls while walking in the parking lot
Correct answer: A surgical sponge is found inside a patient after an abdominal procedure
Res ipsa loquitur ('the thing speaks for itself') applies when negligence is obvious without expert testimony, such as a foreign object left inside a patient.
Question 2: What is the statute of limitations in medical malpractice?
- The minimum amount of damages a patient can sue for
- The time period within which a lawsuit must be filed after an alleged injury (Correct answer)
- The number of expert witnesses required in a malpractice case
- The maximum penalty a physician can receive for negligence
Correct answer: The time period within which a lawsuit must be filed after an alleged injury
The statute of limitations sets a deadline for filing a malpractice lawsuit, which varies by state but typically ranges from 1–3 years.
Question 3: A patient with a terminal diagnosis asks the medical assistant not to tell their family. The medical assistant should:
- Tell the family immediately to prepare them
- Respect the patient's confidentiality and not disclose without consent (Correct answer)
- Inform the physician so they can tell the family
- Document the request but disclose to immediate family only
Correct answer: Respect the patient's confidentiality and not disclose without consent
Adult patients with decision-making capacity control who receives their health information, and confidentiality must be maintained.
Question 4: Which federal law prohibits discrimination in healthcare settings based on race, color, national origin, sex, age, and disability?
- HIPAA
- Section 1557 of the Affordable Care Act (Correct answer)
- The Americans with Disabilities Act only
- The Civil Rights Act of 1964 only
Correct answer: Section 1557 of the Affordable Care Act
Section 1557 of the ACA specifically prohibits discrimination in health programs receiving federal financial assistance on multiple protected grounds.
Question 5: A medical assistant receives a subpoena for a patient's medical records. The CORRECT action is to:
- Immediately send all requested records to the court
- Refuse and destroy the records to protect patient privacy
- Notify the physician and practice administrator before releasing any records (Correct answer)
- Ask the patient's permission before responding to the subpoena
Correct answer: Notify the physician and practice administrator before releasing any records
The physician and practice administrator must be notified so legal counsel can review the subpoena and ensure proper protocols are followed.
Question 6: What ethical principle requires a medical assistant to act in the patient's best interest?
- Autonomy
- Justice
- Beneficence (Correct answer)
- Nonmaleficence
Correct answer: Beneficence
Beneficence is the ethical duty to do good and act in ways that benefit the patient.
Question 7: A patient signs a general consent form upon arriving at the clinic. This consent covers:
- All surgical procedures that may be needed
- Routine examination and standard non-invasive treatments (Correct answer)
- Release of records to any third party
- Emergency procedures only
Correct answer: Routine examination and standard non-invasive treatments
General consent covers routine examinations and basic non-invasive treatments; invasive procedures require separate informed consent.
Under the doctrine of 'res ipsa loquitur,' which of the following scenarios would most likely apply?