COMLEX LEVEL 2 - MEDICAL LAW/ETHICS
QUESTIONS
What is contributory negligence? - Answer -it is when a patient voluntary neglects to
follow advice leading to injury.
If doctors are talking about a patient then when are they considered violating HIPAA? -
Answer -If they mention the state then they are not in violation of the law. However, if
they mention the city then they are screwed.
If a patient comes in to the ER with emergency symptoms and they request to be
examined or in need of care what must you do even if the insurance denies pay? -
Answer -if the insurance denies pay and the patient has emergency symptoms then
they are required to be screened. If it turns out they have an emergency medical
situation then you must treat them until they can be transferred to another facility.
This is EMTALA (emergency medical treatment and labor act)
If you have a patient with an STD and you try to convince them to tell their partner and
they repeatedly refuse, what is it your duty to do? - Answer -It is your duty to warn an
endangered third party if you try to convince someone that they should report their STD
and use protection and they refuse.
what is paternalism, nonmalificence, due care? - Answer -paternalism- ignores patient's
autonomy
nonmalificence- do no harm
due care- provide care to the patient.
When does a doctors duty to exercise reasonable care to a 1st time patient arise? -
Answer -It arises when the doctor actually provides medical treatment, even if the
doctor gives a treatment without physically contacting the patient.
When a caretaker verbally insults, insults, or threatens harm what type of abuse is this?
- Answer -it's psychological abuse.
What is 'violation of basic rights' and how is it different from active neglect? - Answer -
violation of basic rights: deprives the basic rights that are protected under state and
federal law like the right of privacy to freedom of religion.
Active abuse- when the caregiver intentionally doesn't provide care to the patient like
not giving food or meds.
, what is passive type of abuse? - Answer -passive abuse is when the caregiver
unintentionally doesn't provide care because they are overloaded with work.
If a patient writes in his/her will that they have chosen a power of attorney and they are
not married or the parents want to take control, who has the final say in the patient's
outcome? - Answer -no matter what, once a power of attorney is declared (whoever it
be) they are the decision maker.
What agencies must be contacted in the case of child abuse? - Answer -a doctor may
contact local law enforcement first before submitting a written report to child protective
services or department of children and family services.
In what patient population is a physician required to report abuse? When is a doctor not
required to report abuse? - Answer -They are required to report abuse of children and
elderly, even if the patients request nothing be said. If a spouse if being abused they are
NOT required to report it because the spouse may get beaten more.
What is the rule regarding patient confidentiality? - Answer -The doctor is required to
maintain patient confidentiality even when it involves third party payers. So if an
insurance company asks for the patients file you gotta ask the patient.
When can a doctor break confidentiality? - Answer -A doctor can break confidentiality if
they feel a patient will harm their own body, certain infectious diseases, & patients with
epilepsy to the DMV.
When is a hospital not forced to follow EMTALA? - Answer -When a patient comes into
an ER asking for nonmedical emergency services like a shot or gathering criminal law
cases. However, they must comply if they seek a medical screening exam.
What is implied consent used for? - Answer -implied consent is used for when a patient
is incapacitated; they pass out. When a patient comes into an urgent care facility it's
implied that they are going to get TX so if they pass out then you should treat them.
What does EMTALA say about patients who come in to the ER but want to leave? -
Answer -EMTALA says that examination should be offered to each ER patient that
requests an examination or looks to have emergency medical condition.
But if a patient refuses then you have to make sure the refusal is written in writing and
that the patient knows about the benefits or treatment and the risks about not getting
treated.
Rights of minors / when do they NOT need parental consent - Answer -Minors do NOT
need parental consent for... and any wishes to not involved parents MUST be followed.
1. Contraception
2. STD testing
QUESTIONS
What is contributory negligence? - Answer -it is when a patient voluntary neglects to
follow advice leading to injury.
If doctors are talking about a patient then when are they considered violating HIPAA? -
Answer -If they mention the state then they are not in violation of the law. However, if
they mention the city then they are screwed.
If a patient comes in to the ER with emergency symptoms and they request to be
examined or in need of care what must you do even if the insurance denies pay? -
Answer -if the insurance denies pay and the patient has emergency symptoms then
they are required to be screened. If it turns out they have an emergency medical
situation then you must treat them until they can be transferred to another facility.
This is EMTALA (emergency medical treatment and labor act)
If you have a patient with an STD and you try to convince them to tell their partner and
they repeatedly refuse, what is it your duty to do? - Answer -It is your duty to warn an
endangered third party if you try to convince someone that they should report their STD
and use protection and they refuse.
what is paternalism, nonmalificence, due care? - Answer -paternalism- ignores patient's
autonomy
nonmalificence- do no harm
due care- provide care to the patient.
When does a doctors duty to exercise reasonable care to a 1st time patient arise? -
Answer -It arises when the doctor actually provides medical treatment, even if the
doctor gives a treatment without physically contacting the patient.
When a caretaker verbally insults, insults, or threatens harm what type of abuse is this?
- Answer -it's psychological abuse.
What is 'violation of basic rights' and how is it different from active neglect? - Answer -
violation of basic rights: deprives the basic rights that are protected under state and
federal law like the right of privacy to freedom of religion.
Active abuse- when the caregiver intentionally doesn't provide care to the patient like
not giving food or meds.
, what is passive type of abuse? - Answer -passive abuse is when the caregiver
unintentionally doesn't provide care because they are overloaded with work.
If a patient writes in his/her will that they have chosen a power of attorney and they are
not married or the parents want to take control, who has the final say in the patient's
outcome? - Answer -no matter what, once a power of attorney is declared (whoever it
be) they are the decision maker.
What agencies must be contacted in the case of child abuse? - Answer -a doctor may
contact local law enforcement first before submitting a written report to child protective
services or department of children and family services.
In what patient population is a physician required to report abuse? When is a doctor not
required to report abuse? - Answer -They are required to report abuse of children and
elderly, even if the patients request nothing be said. If a spouse if being abused they are
NOT required to report it because the spouse may get beaten more.
What is the rule regarding patient confidentiality? - Answer -The doctor is required to
maintain patient confidentiality even when it involves third party payers. So if an
insurance company asks for the patients file you gotta ask the patient.
When can a doctor break confidentiality? - Answer -A doctor can break confidentiality if
they feel a patient will harm their own body, certain infectious diseases, & patients with
epilepsy to the DMV.
When is a hospital not forced to follow EMTALA? - Answer -When a patient comes into
an ER asking for nonmedical emergency services like a shot or gathering criminal law
cases. However, they must comply if they seek a medical screening exam.
What is implied consent used for? - Answer -implied consent is used for when a patient
is incapacitated; they pass out. When a patient comes into an urgent care facility it's
implied that they are going to get TX so if they pass out then you should treat them.
What does EMTALA say about patients who come in to the ER but want to leave? -
Answer -EMTALA says that examination should be offered to each ER patient that
requests an examination or looks to have emergency medical condition.
But if a patient refuses then you have to make sure the refusal is written in writing and
that the patient knows about the benefits or treatment and the risks about not getting
treated.
Rights of minors / when do they NOT need parental consent - Answer -Minors do NOT
need parental consent for... and any wishes to not involved parents MUST be followed.
1. Contraception
2. STD testing
