(Law) Flashcards
7 cards from real MPT practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 (Law) flashcards as text
A physical therapist receives a subpoena for a patient's records in a malpractice lawsuit. What is the most appropriate first action?
Answer: Contact the facility's legal counsel before releasing any records
Upon receiving a subpoena, a PT should first consult legal counsel, as a subpoena alone may not override HIPAA protections without a court order.
Under the Americans with Disabilities Act (ADA), a physical therapy clinic must provide reasonable accommodations. Which scenario best exemplifies an 'undue hardship' exemption?
Answer: Purchasing a Braille-capable communication device for a small solo-practice clinic with limited revenue
Undue hardship applies when an accommodation imposes significant difficulty or expense relative to the size and financial resources of the organization.
Which federal law specifically governs the privacy and security of individually identifiable health information held by covered entities and their business associates?
Answer: HIPAA
HIPAA (Health Insurance Portability and Accountability Act) establishes the Privacy and Security Rules governing protected health information (PHI).
A PT treating a minor patient discovers signs consistent with physical abuse. State law mandates reporting. Which of the following is correct?
Answer: The PT must report regardless of parental objection, as mandatory reporting supersedes confidentiality
Mandatory reporting laws require PTs to report suspected child abuse regardless of parental consent or confidentiality obligations.
Which legal doctrine holds that a PT is responsible for the negligent acts of support personnel under their supervision?
Answer: Respondeat superior
Respondeat superior ('let the master answer') holds supervisors and employers vicariously liable for negligent acts of employees acting within the scope of employment.
A patient refuses a prescribed PT intervention, stating they understand the risks. The PT proceeds anyway. This action violates which legal concept?
Answer: Informed consent and patient autonomy
Proceeding with treatment after a patient refuses violates the legal right to informed consent and patient autonomy, potentially constituting battery.
A PT in private practice fires an employee without documentation after the employee filed an OSHA complaint. This may constitute:
Answer: Retaliatory termination, which is illegal under whistleblower protection laws
Terminating an employee for filing an OSHA complaint constitutes illegal retaliation, prohibited under federal whistleblower protection provisions.