HLHS 105 / MEDL 101 Exam 2 V2 | HLHS
105 / MEDL 101 Medical Law & Ethics |
Actual Q&A with Rationale
(HLHS105/MEDL101 Exam 2) | Ivy Tech
Community College
1. Which legal doctrine translates to ‘let the master answer’ and holds an employer liable for
the actions of their employees?
A. Res ipsa loquitur
B. Stare decisis
C. Respondeat superior
D. Quid pro quo
Answer: C
Rationale: The principle of respondeat superior dictates that an employer is legally
responsible for the wrongful acts of an employee if those acts occur within the scope of
employment. This doctrine is foundational in medical malpractice cases where a hospital or
clinic is sued for the negligence of a nurse or technician. It ensures that patients have a
pathway to compensation through the entity that oversees the staff’s training and
performance.
,2. In the context of professional negligence, which ‘D’ refers to the provider failing to act as a
reasonably prudent provider would in similar circumstances?
A. Duty
B. Damages
C. Direct Cause
D. Dereliction
Answer: D
Rationale: Dereliction, or breach of duty, occurs when a healthcare professional fails to
meet the established standard of care. This constitutes the second element of a negligence
claim that a plaintiff must prove to succeed in a lawsuit. The court evaluates this by
comparing the defendant’s actions against what a peer with similar training would have
done in the same situation.
3. Which of the following is an example of ‘implied consent’ in a healthcare setting?
A. An unconscious patient being treated in the emergency room.
B. A patient verbally agreeing to a flu shot.
C. A patient signing a surgical authorization form.
D. A patient participating in a clinical trial after a briefing.
Answer: A
,Rationale: Implied consent is assumed in emergency situations where the patient is unable
to provide expressed consent due to unconsciousness or incapacitation. The law presumes
that a reasonable person would want to receive life-saving treatment under such dire
circumstances. This legal protection allows healthcare providers to act quickly without fear
of battery charges while attempting to stabilize a patient.
4. Under the HIPAA Privacy Rule, what does the acronym TPO stand for regarding the use of
protected health information?
A. Treatment, Payment, and Operations
B. Testing, Processing, and Observation
C. Technical, Physical, and Organizational
D. Trust, Privacy, and Ownership
Answer: A
Rationale: TPO refers to Treatment, Payment, and healthcare Operations, which are the
primary reasons a covered entity may use or disclose PHI without a specific patient
authorization. This framework allows for the efficient delivery of care, billing of insurance
companies, and internal quality improvement activities. Healthcare workers must still
ensure that they only access the minimum necessary information required to perform
these functions.
, 5. If a physician performs a procedure on a competent patient who has explicitly refused that
procedure, the physician could be charged with which intentional tort?
A. Slander
B. Battery
C. Libel
D. Abandonment
Answer: B
Rationale: Battery is defined as the intentional and unauthorized touching of another
person. In medical law, performing any treatment against a patient’s will or without their
consent falls under this category, even if the treatment was medically beneficial. This
highlights the importance of patient autonomy and the legal requirement for informed
consent before any physical intervention.
6. The ‘statute of limitations’ for a medical malpractice case refers to which of the following?
A. The timeframe within which a legal action must be filed.
B. The maximum amount of money a patient can be awarded.
C. The specific laws governing physician licensing.
D. The number of witnesses allowed in a trial.
Answer: A
105 / MEDL 101 Medical Law & Ethics |
Actual Q&A with Rationale
(HLHS105/MEDL101 Exam 2) | Ivy Tech
Community College
1. Which legal doctrine translates to ‘let the master answer’ and holds an employer liable for
the actions of their employees?
A. Res ipsa loquitur
B. Stare decisis
C. Respondeat superior
D. Quid pro quo
Answer: C
Rationale: The principle of respondeat superior dictates that an employer is legally
responsible for the wrongful acts of an employee if those acts occur within the scope of
employment. This doctrine is foundational in medical malpractice cases where a hospital or
clinic is sued for the negligence of a nurse or technician. It ensures that patients have a
pathway to compensation through the entity that oversees the staff’s training and
performance.
,2. In the context of professional negligence, which ‘D’ refers to the provider failing to act as a
reasonably prudent provider would in similar circumstances?
A. Duty
B. Damages
C. Direct Cause
D. Dereliction
Answer: D
Rationale: Dereliction, or breach of duty, occurs when a healthcare professional fails to
meet the established standard of care. This constitutes the second element of a negligence
claim that a plaintiff must prove to succeed in a lawsuit. The court evaluates this by
comparing the defendant’s actions against what a peer with similar training would have
done in the same situation.
3. Which of the following is an example of ‘implied consent’ in a healthcare setting?
A. An unconscious patient being treated in the emergency room.
B. A patient verbally agreeing to a flu shot.
C. A patient signing a surgical authorization form.
D. A patient participating in a clinical trial after a briefing.
Answer: A
,Rationale: Implied consent is assumed in emergency situations where the patient is unable
to provide expressed consent due to unconsciousness or incapacitation. The law presumes
that a reasonable person would want to receive life-saving treatment under such dire
circumstances. This legal protection allows healthcare providers to act quickly without fear
of battery charges while attempting to stabilize a patient.
4. Under the HIPAA Privacy Rule, what does the acronym TPO stand for regarding the use of
protected health information?
A. Treatment, Payment, and Operations
B. Testing, Processing, and Observation
C. Technical, Physical, and Organizational
D. Trust, Privacy, and Ownership
Answer: A
Rationale: TPO refers to Treatment, Payment, and healthcare Operations, which are the
primary reasons a covered entity may use or disclose PHI without a specific patient
authorization. This framework allows for the efficient delivery of care, billing of insurance
companies, and internal quality improvement activities. Healthcare workers must still
ensure that they only access the minimum necessary information required to perform
these functions.
, 5. If a physician performs a procedure on a competent patient who has explicitly refused that
procedure, the physician could be charged with which intentional tort?
A. Slander
B. Battery
C. Libel
D. Abandonment
Answer: B
Rationale: Battery is defined as the intentional and unauthorized touching of another
person. In medical law, performing any treatment against a patient’s will or without their
consent falls under this category, even if the treatment was medically beneficial. This
highlights the importance of patient autonomy and the legal requirement for informed
consent before any physical intervention.
6. The ‘statute of limitations’ for a medical malpractice case refers to which of the following?
A. The timeframe within which a legal action must be filed.
B. The maximum amount of money a patient can be awarded.
C. The specific laws governing physician licensing.
D. The number of witnesses allowed in a trial.
Answer: A