CPHRM Claims Management 5

Question 1

A patient signs a general consent form upon hospital admission. This consent is MOST relevant to which type of claim defense?

Accepted Answer

Informed consent for routine and standard care procedures

Answer

General consent upon admission covers routine and standard care, but does not substitute for procedure-specific informed consent for invasive or high-risk treatments.

Question 2

Which legal concept allows a defendant physician to argue that the patient's outcome would have been the same even with proper treatment?

Accepted Answer

Causation in fact challenge

Answer

Challenging causation in fact means arguing that even if there was a breach of care, it was not the actual cause of the patient's injury or outcome.

Question 3

When a risk manager conducts a 'mock trial' or focus group before a case goes to trial, the PRIMARY goal is to:

Accepted Answer

Assess how jurors might perceive the case and evaluate settlement value

Answer

Mock trials and focus groups help predict juror reactions to the evidence and arguments, informing settlement decisions and trial strategy.

Question 4

Under HIPAA, protected health information (PHI) may be disclosed to a plaintiff's attorney in a malpractice case:

Accepted Answer

Only with the patient's written authorization or a valid court order

Answer

HIPAA requires either a valid patient authorization or a court order (such as a subpoena with proper notice) before PHI can be disclosed in litigation.

Question 5

A 'consent judgment' in a malpractice claim differs from a standard settlement because:

Accepted Answer

It is entered by the court as a formal judgment with the parties' agreement

Answer

A consent judgment is a negotiated settlement that is entered into the court record as a formal judicial judgment, combining settlement agreement with court enforceability.

CPHRM Exam Practice Test

CPHRM Exam Practice Test

CPHRM Claims Management 5