Medical Law and Ethics Flashcards

Which of the following best describes the 'standard of care' in medical malpractice cases?

Answer: The care a reasonably competent healthcare professional would provide under similar circumstances

Standard of care is measured by what a reasonably competent professional in the same field would do under similar circumstances.

A patient who is unconscious in an emergency room cannot give consent. In this situation, which type of consent applies?

Answer: Implied consent

Implied consent allows treatment in emergencies when the patient is unable to consent and delay would result in harm.

Under the doctrine of respondeat superior, who is held legally responsible for the negligent acts of an employee performed within the scope of employment?

Answer: The employer

Respondeat superior ('let the master answer') holds employers vicariously liable for employees' negligent acts committed within the scope of employment.

Which of the following is NOT one of the four Ds of negligence?

Answer: Defamation

The four Ds of negligence are Duty, Dereliction, Direct cause, and Damages; Defamation is a separate tort.

A patient has the right to access their own medical records under which federal law?

Answer: HIPAA

HIPAA grants patients the right to inspect, obtain copies of, and request amendments to their medical records.

Which term describes a written defamatory statement that damages a person's reputation?

Answer: Libel

Libel is written or published defamation, whereas slander refers to spoken defamatory statements.

A medical assistant who witnesses a patient's signature on an advance directive is primarily serving as a:

Answer: Witness

The medical assistant's role when a patient signs an advance directive is to serve as a witness, verifying the patient signed voluntarily.