MPT (Law) 2 — Questions and Answers
Question 1: A physical therapist receives a subpoena for a patient's records in a malpractice lawsuit. What is the most appropriate first action?
- Release records immediately to avoid contempt of court
- Contact the facility's legal counsel before releasing any records (Correct answer)
- Notify the patient and obtain written authorization before releasing records
- Refuse the subpoena on the basis of HIPAA
Correct 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.
Question 2: Under the Americans with Disabilities Act (ADA), a physical therapy clinic must provide reasonable accommodations. Which scenario best exemplifies an 'undue hardship' exemption?
- Installing a ramp in a large hospital system
- Purchasing a Braille-capable communication device for a small solo-practice clinic with limited revenue (Correct answer)
- Widening a doorway to meet ADA standards
- Training staff on disability etiquette
Correct 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.
Question 3: Which federal law specifically governs the privacy and security of individually identifiable health information held by covered entities and their business associates?
- ERISA
- HIPAA (Correct answer)
- COBRA
- EMTALA
Correct answer: HIPAA
HIPAA (Health Insurance Portability and Accountability Act) establishes the Privacy and Security Rules governing protected health information (PHI).
Question 4: A PT treating a minor patient discovers signs consistent with physical abuse. State law mandates reporting. Which of the following is correct?
- The PT must obtain parental consent before reporting
- The PT must report regardless of parental objection, as mandatory reporting supersedes confidentiality (Correct answer)
- Reporting is optional if the parent denies abuse
- The PT should document findings but defer reporting to the physician
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.
Question 5: Which legal doctrine holds that a PT is responsible for the negligent acts of support personnel under their supervision?
- Res ipsa loquitur
- Respondeat superior (Correct answer)
- Contributory negligence
- Assumption of risk
Correct 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.
Question 6: A patient refuses a prescribed PT intervention, stating they understand the risks. The PT proceeds anyway. This action violates which legal concept?
- Beneficence
- Informed consent and patient autonomy (Correct answer)
- Standard of care
- Scope of practice
Correct 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.
Question 7: A PT in private practice fires an employee without documentation after the employee filed an OSHA complaint. This may constitute:
- Constructive dismissal
- Retaliatory termination, which is illegal under whistleblower protection laws (Correct answer)
- At-will employment termination, which is always lawful
- A breach of contract only if a written contract exists
Correct 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.
MPT (Law) 2
A physical therapist receives a subpoena for a patient's records in a malpractice lawsuit.
What is the most appropriate first action?