CMA Medical Law and Ethics 3 — Questions and Answers
Question 1: What does 'respondeat superior' mean in a medical malpractice context?
- The patient is responsible for their own care decisions
- An employer can be held liable for the negligent acts of employees (Correct answer)
- The superior court has jurisdiction over all medical cases
- Physicians must respond to all patient complaints
Correct answer: An employer can be held liable for the negligent acts of employees
Respondeat superior is a legal doctrine holding employers vicariously liable for negligent acts of employees performed within the scope of employment.
Question 2: Which document designates a trusted person to make healthcare decisions if a patient becomes incapacitated?
- Living will
- Do-Not-Resuscitate order
- Durable power of attorney for healthcare (Correct answer)
- Informed consent form
Correct answer: Durable power of attorney for healthcare
A durable power of attorney for healthcare (healthcare proxy) designates a specific individual to make medical decisions if the patient loses decision-making capacity.
Question 3: A medical assistant overhears a colleague discussing a patient's HIV status in the hallway. This is a violation of:
- OSHA standards
- The Fair Labor Standards Act
- HIPAA privacy regulations (Correct answer)
- The Controlled Substances Act
Correct answer: HIPAA privacy regulations
Discussing a patient's PHI in a public area where others may overhear violates HIPAA's privacy regulations.
Question 4: The Stark Law (Physician Self-Referral Law) is primarily designed to prevent:
- Physicians from practicing in multiple states
- Conflicts of interest when physicians refer patients to facilities they own (Correct answer)
- Patients from choosing their own specialists
- Medical assistants from performing clinical tasks
Correct answer: Conflicts of interest when physicians refer patients to facilities they own
The Stark Law prohibits physicians from referring Medicare/Medicaid patients to entities in which the physician has a financial relationship, to prevent conflicts of interest.
Question 5: Which ethical principle requires a healthcare provider to 'do no harm'?
- Autonomy
- Beneficence
- Nonmaleficence (Correct answer)
- Justice
Correct answer: Nonmaleficence
Nonmaleficence is the ethical principle of 'do no harm,' obligating healthcare providers to avoid causing unnecessary injury to patients.
Question 6: A patient signs a general consent form upon arrival at a clinic. This form covers:
- All surgical procedures that may be performed
- Routine examinations and standard treatments (Correct answer)
- Experimental treatments and clinical trials
- Release of records to any third party
Correct answer: Routine examinations and standard treatments
A general consent form covers routine care such as physical exams and standard treatments; invasive or risky procedures require separate specific informed consent.
Question 7: Which of the following actions by a medical assistant would constitute battery?
- Failing to explain a procedure clearly to a patient
- Performing a procedure on a patient who has not consented (Correct answer)
- Documenting inaccurate information in a medical record
- Discussing a patient's case without proper authorization
Correct answer: Performing a procedure on a patient who has not consented
Battery is the intentional harmful or offensive touching of a patient without consent, such as performing a procedure the patient did not authorize.
CMA Medical Law and Ethics 3
What does 'respondeat superior' mean in a medical malpractice context?