NRCMA Medical Law and Ethics 1 — Questions and Answers
Question 1: Which legal concept requires a patient to be informed of risks, benefits, and alternatives before agreeing to a procedure?
- Implied consent
- Informed consent (Correct answer)
- Express consent
- Substituted consent
Correct answer: Informed consent
Informed consent requires the provider to disclose risks, benefits, and alternatives so the patient can make a knowledgeable decision.
Question 2: A medical assistant accidentally discloses a patient's HIV status to the patient's employer. This is an example of:
- Battery
- Negligence
- Breach of confidentiality (Correct answer)
- Abandonment
Correct answer: Breach of confidentiality
Releasing protected health information without patient authorization constitutes a breach of confidentiality.
Question 3: Under HIPAA, the minimum necessary standard means:
- Only the minimum staff may view any records
- Only the minimum amount of PHI needed for the task should be used or disclosed (Correct answer)
- Patients must receive minimal notice of privacy practices
- The fewest number of forms must be completed
Correct 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.
Question 4: Which act primarily governs the privacy and security of patient health information in the United States?
- OSHA Act
- HIPAA (Correct answer)
- ADA
- CLIA
Correct answer: HIPAA
HIPAA (Health Insurance Portability and Accountability Act) sets national standards for protecting patients' protected health information.
Question 5: A physician-patient relationship may be legally terminated by the physician without liability if the physician:
- Gives no notice to the patient
- Provides reasonable notice and time for the patient to find alternative care (Correct answer)
- Refuses to treat the patient mid-treatment without notice
- Ends care immediately after a dispute
Correct 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.
Question 6: The legal term for performing a procedure on a patient without consent is:
- Negligence
- Fraud
- Battery (Correct answer)
- Defamation
Correct answer: Battery
Battery is the intentional harmful or offensive touching of another person without consent, including unauthorized medical procedures.
Question 7: Which of the following is an example of nonfeasance?
- Performing a procedure incorrectly
- Falsifying a medical record
- Failing to perform a required action (Correct answer)
- Performing an unauthorized procedure
Correct answer: Failing to perform a required action
Nonfeasance is the failure to perform an act that one is legally obligated to perform.
NRCMA Medical Law and Ethics 1
Which legal concept requires a patient to be informed of risks, benefits, and alternatives before agreeing to a procedure?