Medical Law and Ethics Flashcards

Which of the following is an example of nonfeasance?

Answer: Failing to perform a required action that results in harm

Nonfeasance is the failure to perform a required duty or act, which distinguishes it from misfeasance (improper performance) and malfeasance (wrongful act).

The Good Samaritan Law is intended to protect:

Answer: Healthcare providers who voluntarily assist in emergency situations outside their workplace

Good Samaritan laws protect off-duty healthcare workers who voluntarily provide emergency assistance from liability, encouraging people to help in emergencies.

Which action could constitute medical battery?

Answer: Performing a procedure the patient did not consent to

Medical battery occurs when a healthcare provider performs a procedure or touches a patient without their consent, regardless of whether harm results.

The release of medical records to a patient's employer without patient authorization is:

Answer: A violation of patient confidentiality

Releasing PHI to an employer without patient authorization violates HIPAA confidentiality protections unless a specific exception applies.

A breach of confidentiality is most likely permissible when:

Answer: A patient poses a credible threat of harm to an identifiable third party

The duty to warn (Tarasoff doctrine) may require breach of confidentiality when a patient poses a serious, credible threat to an identifiable person.

In the context of medical ethics, paternalism refers to:

Answer: Overriding a patient's autonomy in the belief it is for their benefit

Paternalism in healthcare is when providers make decisions for patients based on what they believe is best, overriding the patient's own preferences or autonomy.

Which element is NOT required to prove medical negligence?

Answer: Intentional harm by the provider

Negligence requires duty, breach, causation, and damages — it does not require intent; intentional harm would constitute a different legal claim such as battery.