Medical Law and Ethics Flashcards

Which legal concept requires a patient to be informed of risks, benefits, and alternatives before agreeing to a procedure?

Answer: Informed consent

Informed consent requires the provider to disclose risks, benefits, and alternatives so the patient can make a knowledgeable decision.

A medical assistant accidentally discloses a patient's HIV status to the patient's employer. This is an example of:

Answer: Breach of confidentiality

Releasing protected health information without patient authorization constitutes a breach of confidentiality.

Under HIPAA, the minimum necessary standard means:

Answer: Only the minimum amount of PHI needed for the task should be used or disclosed

The minimum necessary standard limits PHI use and disclosure to the least amount needed to accomplish the intended purpose.

Which act primarily governs the privacy and security of patient health information in the United States?

Answer: HIPAA

HIPAA (Health Insurance Portability and Accountability Act) sets national standards for protecting patients' protected health information.

A physician-patient relationship may be legally terminated by the physician without liability if the physician:

Answer: Provides reasonable notice and time for the patient to find alternative care

Giving adequate notice and allowing time to secure alternative care protects the physician from a charge of abandonment.

The legal term for performing a procedure on a patient without consent is:

Answer: Battery

Battery is the intentional harmful or offensive touching of another person without consent, including unauthorized medical procedures.

Which of the following is an example of nonfeasance?

Answer: Failing to perform a required action

Nonfeasance is the failure to perform an act that one is legally obligated to perform.