CMA EXAM REVIEW- LEGAL AND ETHICAL ISSUES
Laws - Answers - Rules and regulations with specific penalties set by the local, state, or
federal government.
Ethics - Answers - Social guidelines based on moral principles and values. Standard of
behavior is based on right and wrong.
Criminal Law (crimes against the state) - Answers - *Misdemeanor: less serious crime.
(Retail fraud, burglary, disturbing the peace.) Punishable by fines or imprisonment of
less than one year.
*Felony: more serious crime. (Abuse, manslaughter, practicing medicine w/o a license.)
Punishable by death or greater than a year of state or federal imprisonment.
Civil Law (crimes against a person) - Answers - *Intentional tort:
*Assault or battery
*Defamation (libel or slander)
*False imprisonment
*Fraud or abuse (fraud being more serious)
*Invasion of privacy (confidentiality)
*Unintentional tort:
*Negligence
Tort - Answers - A civil wrong not involving a contract.
*2 types: intentional and unintentional.
Assault - Answers - A threat or attempt to injure another.
Battery - Answers - An assault where there is physical contact.
Defamation - Answers - Act of harming or ruining another's reputation.
*Slander: spoken
*Libel: written
Fraud - Answers - A deliberate deception intended to secure an unfair or unlawful gain.
Negligence - Answers - Careless neglect, often resulting in injury.
Contract - Answers - A voluntary agreement between two or more parties.
*THREE OF THESE MUST BE MET:
*Agreement: an offer and an acceptance
, *Consideration: something of value
*Legal subject matter: must be enforceable or breach of contract occurs
*Contractual capacity: both sides must have competency to understand the concept
and meaning of the contract.
Types of contracts - Answers - *Expressed: clearly stated or written with all elements
present.
*Implied: conduct of parties indicates acceptance.
*Employment contract: describes duties of employee/employer and other considerations
of employment
Physician's Rights - Answers - *Right to select patients they will see
*Right to refuse service to patients
*Right to determine type of service they will provide
*Right to be paid for services rendered
*Right to withdraw from relationship
*Right to vacation and time off
The physician is NOT expected to: - Answers - *Treat every patient seeking care
(unless in ER)
*Restore patients to original state of health
*Make correct diagnoses in every case
*Guarantee successful results or cures
Physician responsibilities - Answers - *Use due care, skill, judgment, and diligence
*Keep knowledge up to date
*Perform to the best of ability
*Educate patients regarding diagnoses, options, methods of treatment, and fees for
services
Medical Assistants - Answers - *Recognize scope of practice for their particular state
*Are held to a higher standard inside and outside of work hours and the medical office
*Understand the "reasonable person" standard
Reasonable person standard - Answers - The standard of behavior expected of a
hypothetical "reasonable person." The standard against which negligence is measured
and that must be observed to avoid liability for negligence.
Patient responsibilities - Answers - *Follow instructions and participate in care
*Share relevant information with practitioners
*Follow orders for treatment
*Pay for services provided
Patient consent - Answers - *Permission for examination, tests, and treatment
Laws - Answers - Rules and regulations with specific penalties set by the local, state, or
federal government.
Ethics - Answers - Social guidelines based on moral principles and values. Standard of
behavior is based on right and wrong.
Criminal Law (crimes against the state) - Answers - *Misdemeanor: less serious crime.
(Retail fraud, burglary, disturbing the peace.) Punishable by fines or imprisonment of
less than one year.
*Felony: more serious crime. (Abuse, manslaughter, practicing medicine w/o a license.)
Punishable by death or greater than a year of state or federal imprisonment.
Civil Law (crimes against a person) - Answers - *Intentional tort:
*Assault or battery
*Defamation (libel or slander)
*False imprisonment
*Fraud or abuse (fraud being more serious)
*Invasion of privacy (confidentiality)
*Unintentional tort:
*Negligence
Tort - Answers - A civil wrong not involving a contract.
*2 types: intentional and unintentional.
Assault - Answers - A threat or attempt to injure another.
Battery - Answers - An assault where there is physical contact.
Defamation - Answers - Act of harming or ruining another's reputation.
*Slander: spoken
*Libel: written
Fraud - Answers - A deliberate deception intended to secure an unfair or unlawful gain.
Negligence - Answers - Careless neglect, often resulting in injury.
Contract - Answers - A voluntary agreement between two or more parties.
*THREE OF THESE MUST BE MET:
*Agreement: an offer and an acceptance
, *Consideration: something of value
*Legal subject matter: must be enforceable or breach of contract occurs
*Contractual capacity: both sides must have competency to understand the concept
and meaning of the contract.
Types of contracts - Answers - *Expressed: clearly stated or written with all elements
present.
*Implied: conduct of parties indicates acceptance.
*Employment contract: describes duties of employee/employer and other considerations
of employment
Physician's Rights - Answers - *Right to select patients they will see
*Right to refuse service to patients
*Right to determine type of service they will provide
*Right to be paid for services rendered
*Right to withdraw from relationship
*Right to vacation and time off
The physician is NOT expected to: - Answers - *Treat every patient seeking care
(unless in ER)
*Restore patients to original state of health
*Make correct diagnoses in every case
*Guarantee successful results or cures
Physician responsibilities - Answers - *Use due care, skill, judgment, and diligence
*Keep knowledge up to date
*Perform to the best of ability
*Educate patients regarding diagnoses, options, methods of treatment, and fees for
services
Medical Assistants - Answers - *Recognize scope of practice for their particular state
*Are held to a higher standard inside and outside of work hours and the medical office
*Understand the "reasonable person" standard
Reasonable person standard - Answers - The standard of behavior expected of a
hypothetical "reasonable person." The standard against which negligence is measured
and that must be observed to avoid liability for negligence.
Patient responsibilities - Answers - *Follow instructions and participate in care
*Share relevant information with practitioners
*Follow orders for treatment
*Pay for services provided
Patient consent - Answers - *Permission for examination, tests, and treatment
