NHI Medical Law and Ethics 5 — Questions and Answers
Question 1: The term 'standard of care' in a medical malpractice case is determined by:
- The patient's expectations of treatment
- What a reasonably competent provider in the same specialty would do under similar circumstances (Correct answer)
- The most advanced available treatment option
- The healthcare facility's internal policies
Correct answer: What a reasonably competent provider in the same specialty would do under similar circumstances
Standard of care is the level and type of care a reasonably competent healthcare professional with similar training would provide under the same or similar circumstances.
Question 2: HIPAA's Privacy Rule grants patients the right to:
- Delete incorrect information from their medical records
- Request an amendment to their medical records (Correct answer)
- Prevent all disclosures of their health information
- Access records of other patients in their household
Correct answer: Request an amendment to their medical records
HIPAA gives patients the right to request amendments to their records, though covered entities may deny the request under certain conditions.
Question 3: An expressed consent is best defined as:
- Consent implied by a patient's actions
- Oral or written agreement to treatment given directly by the patient (Correct answer)
- Consent given by a legal guardian
- Assumed consent in an emergency
Correct answer: Oral or written agreement to treatment given directly by the patient
Expressed consent is explicit agreement to treatment, either verbally or in writing, as opposed to implied consent inferred from a patient's behavior.
Question 4: A healthcare worker who reports a coworker's suspected substance abuse to administration is acting in accordance with:
- Whistleblower protection laws and ethical duty (Correct answer)
- HIPAA's minimum necessary standard
- The False Claims Act
- OSHA's workplace safety exemptions
Correct answer: Whistleblower protection laws and ethical duty
Reporting a coworker's substance abuse is both an ethical duty to protect patients and may be protected by whistleblower laws depending on the jurisdiction.
Question 5: Which of the following describes a 'tort' in the context of medical law?
- A criminal act committed by a healthcare provider
- A civil wrong that causes harm and may result in legal liability (Correct answer)
- A written contract between patient and provider
- A violation of a federal healthcare regulation
Correct answer: A civil wrong that causes harm and may result in legal liability
A tort is a civil wrong — not a criminal act — that causes harm to another person and can result in civil liability, such as a medical malpractice claim.
Question 6: Which of the following is an example of implied consent?
- Signing a surgical consent form before an operation
- Extending your arm for a blood draw after being told it is needed (Correct answer)
- A family member agreeing to treatment for an unconscious patient
- A written advance directive for end-of-life care
Correct answer: Extending your arm for a blood draw after being told it is needed
Implied consent is inferred from a patient's actions, such as extending an arm for a blood draw, indicating agreement without explicit verbal or written statement.
Question 7: The False Claims Act primarily applies to healthcare providers who:
- Misdiagnose patients and cause harm
- Submit fraudulent claims for reimbursement to federal healthcare programs (Correct answer)
- Fail to obtain informed consent
- Violate HIPAA patient privacy rules
Correct answer: Submit fraudulent claims for reimbursement to federal healthcare programs
The False Claims Act holds providers liable for knowingly submitting false or fraudulent billing claims to Medicare, Medicaid, or other federal healthcare programs.
NHI Medical Law and Ethics 5
The term 'standard of care' in a medical malpractice case is determined by: