DMSO EXAM 4 UPDATED ACTUAL QUESTIONS AND
CORRECT ANSWERS
Question:
1. What is administrative law?
Answer:
A form of law made by administrative agencies appointed by the president or governor, which makes rules
under authority established by acts of the legislature.
Question:
2. What is common law?
Answer:
Court-made law based on custom and usage, with most malpractice laws being examples of this type of
law.
Question:
3. What is statutory law?
Answer:
Laws enacted and enforced by federal or state legislators to maintain social order and protect individual
rights, including rules established by governmental agencies.
Question:
4. What is a tort?
Answer:
A wrongful act or civil wrong, other than a breach of contract, for which the law provides a remedy,
divided into intentional and unintentional categories.
Question:
5. What is medical malpractice?
Answer:
Occurs when a negligent act or omission by a medical professional results in harm to the patient, often
judged against universally accepted standards.
Question:
6. What is implied consent?
Answer:
Consent that is understood from established policies and procedures rather than being explicitly stated by
the patient.
Question:
7. What are civil laws?
Answer:
Laws that affect the individual rather than society as a whole.
, Question:
8. What is false imprisonment?
Answer:
The illegal detention of a person without their consent, which can occur if a patient is unnecessarily
confined or restrained.
Question:
9. What is negligence?
Answer:
Performance that falls below the expected standard of care, defined as doing something a reasonably
prudent person would not do or failing to do something they would do.
Question:
10. What does res ipsa loquitur mean?
Answer:
A legal doctrine meaning 'the thing speaks for itself,' where the burden of proof shifts to the defendant to
show negligence did not occur.
Question:
11. What are examples of unintentional torts?
Answer:
Negligence, medical malpractice, misdiagnosis.
Question:
12. What are examples of intentional torts?
Answer:
Assault, battery, invasion of privacy, false imprisonment.
Question:
13. What is implied consent in the context of medical procedures?
Answer:
Consent understood from the circumstances surrounding the procedure, not spoken or written.
Question:
14. What four elements must an injured patient prove to establish negligence?
Answer:
Duty, breach, harm, and causation.
Question:
15. What should a witness avoid when testifying at a trial?
Answer:
Arguing, volunteering information, speaking in jargon, losing composure, overstating or understating.
Question:
16. What rights do patients have during a procedure?
CORRECT ANSWERS
Question:
1. What is administrative law?
Answer:
A form of law made by administrative agencies appointed by the president or governor, which makes rules
under authority established by acts of the legislature.
Question:
2. What is common law?
Answer:
Court-made law based on custom and usage, with most malpractice laws being examples of this type of
law.
Question:
3. What is statutory law?
Answer:
Laws enacted and enforced by federal or state legislators to maintain social order and protect individual
rights, including rules established by governmental agencies.
Question:
4. What is a tort?
Answer:
A wrongful act or civil wrong, other than a breach of contract, for which the law provides a remedy,
divided into intentional and unintentional categories.
Question:
5. What is medical malpractice?
Answer:
Occurs when a negligent act or omission by a medical professional results in harm to the patient, often
judged against universally accepted standards.
Question:
6. What is implied consent?
Answer:
Consent that is understood from established policies and procedures rather than being explicitly stated by
the patient.
Question:
7. What are civil laws?
Answer:
Laws that affect the individual rather than society as a whole.
, Question:
8. What is false imprisonment?
Answer:
The illegal detention of a person without their consent, which can occur if a patient is unnecessarily
confined or restrained.
Question:
9. What is negligence?
Answer:
Performance that falls below the expected standard of care, defined as doing something a reasonably
prudent person would not do or failing to do something they would do.
Question:
10. What does res ipsa loquitur mean?
Answer:
A legal doctrine meaning 'the thing speaks for itself,' where the burden of proof shifts to the defendant to
show negligence did not occur.
Question:
11. What are examples of unintentional torts?
Answer:
Negligence, medical malpractice, misdiagnosis.
Question:
12. What are examples of intentional torts?
Answer:
Assault, battery, invasion of privacy, false imprisonment.
Question:
13. What is implied consent in the context of medical procedures?
Answer:
Consent understood from the circumstances surrounding the procedure, not spoken or written.
Question:
14. What four elements must an injured patient prove to establish negligence?
Answer:
Duty, breach, harm, and causation.
Question:
15. What should a witness avoid when testifying at a trial?
Answer:
Arguing, volunteering information, speaking in jargon, losing composure, overstating or understating.
Question:
16. What rights do patients have during a procedure?
