NRCMA Medical Law and Ethics 2 — Questions and Answers
Question 1: Which of the following best describes the 'standard of care' in medical malpractice cases?
- The level of care provided by the most experienced specialist
- The care a reasonably competent healthcare professional would provide under similar circumstances (Correct answer)
- The care outlined in the patient's insurance policy
- The minimum care required by state licensing boards
Correct 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.
Question 2: A patient who is unconscious in an emergency room cannot give consent. In this situation, which type of consent applies?
- Informed consent
- Express consent
- Implied consent (Correct answer)
- Substituted consent
Correct answer: Implied consent
Implied consent allows treatment in emergencies when the patient is unable to consent and delay would result in harm.
Question 3: Under the doctrine of respondeat superior, who is held legally responsible for the negligent acts of an employee performed within the scope of employment?
- The employee only
- The patient
- The employer (Correct answer)
- The state licensing board
Correct answer: The employer
Respondeat superior ('let the master answer') holds employers vicariously liable for employees' negligent acts committed within the scope of employment.
Question 4: Which of the following is NOT one of the four Ds of negligence?
- Duty
- Dereliction
- Defamation (Correct answer)
- Damages
Correct answer: Defamation
The four Ds of negligence are Duty, Dereliction, Direct cause, and Damages; Defamation is a separate tort.
Question 5: A patient has the right to access their own medical records under which federal law?
- OSHA
- CLIA
- HIPAA (Correct answer)
- ADA
Correct answer: HIPAA
HIPAA grants patients the right to inspect, obtain copies of, and request amendments to their medical records.
Question 6: Which term describes a written defamatory statement that damages a person's reputation?
- Slander
- Libel (Correct answer)
- Battery
- Fraud
Correct answer: Libel
Libel is written or published defamation, whereas slander refers to spoken defamatory statements.
Question 7: A medical assistant who witnesses a patient's signature on an advance directive is primarily serving as a:
- Legal guardian
- Notary public
- Witness (Correct answer)
- Healthcare proxy
Correct 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.
NRCMA Medical Law and Ethics 2
Which of the following best describes the 'standard of care' in medical malpractice cases?