2025 ETHICS LEGAL
JURISPRUDENCE QUESTIONS WITH
VERIFIED ANSWERS ALREADY
GRADED BY EXPERTS
What is Malpractice? - CORRECT ANSWER>>>Professional misconduct, improper discharge
of professional duties. Or failure to meet the standard of care of a profession that results in harm
to another.
It is the negligence or carelessness of a professional person.
Negligence - CORRECT ANSWER>>>Omission or commission of an act that a reasonable
prudent person would or would not perform under given circumstances.
It is a form of heedlessness or carelessness that constitutes a departure from the standard of care
generally imposed on members of society
**Follow scope of practice as defined by state and professional association
**Looking for the norm in your region
Commission - CORRECT ANSWER>>>Doing something that an ordinary, reasonable, prudent
person under like circumstances would not normally have done.
Typically results from inattention to detail and/or carelessness
Can also result from lack of knowledge, over confidence, or intentional risk-taking
Omission - CORRECT ANSWER>>>Failing to do something that the ordinary, reasonable
person would have done under the same or similar circumstances.
Biggest is informed consent, risks.
Lacking safety - gait belts, AD
Negligence: Ordinary - CORRECT ANSWER>>>Negligence occurring outside of the realm of
the health care professional service delivery. like pt education, informed consent, not hands on.
Negligence: Professional - CORRECT ANSWER>>>Related to the duty of providing health
care professional service delivery
Malpractice leads to what? - CORRECT ANSWER>>>Negligence --> Commission or Omission
and results in harm to the pt.
What are some examples of Common Negligence? - CORRECT ANSWER>>>Not
having/following proper policies, guidelines, and procedures
Not conducting appropriate assessments, baseline testing measurements
Not maintaining complete, accurate documentation
Not utilizing clear lines of communication
Not educating on the risks - and potential consequences - of adverse treatments
1
,Vicarious Liability - CORRECT ANSWER>>>Employers are vicariously liable for the conduct
of employees who act within the foreseeable scope of their employment responsibilities.
(volunteers, students)
Not liable for unforeseen conduct
Corporate Liability - CORRECT ANSWER>>>Negligence of a business entity to fulfill their
oversight and management duties to others
Monitoring the quality of services provided
Maintaining safe premises in the facility
Screening, hiring, credentialing of staff
Establishing effective risk management programs
Strict Product Liability - CORRECT ANSWER>>>Dangerously defective products that cause
injury and damage
Product must be used in a normal and foreseeable manner
Manufacturing defect, design defect, failure to warn
Lack of calibration, improper usage, etc... does not exempt clinician or user
Plaintiff - CORRECT ANSWER>>>Party who brings a civil suit seeking damages or other legal
relief
Plaintiffs can bring a suit based upon "anything"
Responsibility of lawyers and judges to determine the merits of the suit
Can occur at any time within the statute of limitations
Defendant - CORRECT ANSWER>>>The party against whom the suit is brought, demanding
that he, she, and/or pay the other party legal relief
Anyone can be named as a defendant
Counsel is highly recommended for representation to navigate the legal system
Costs are always associated with a defense
Civil Liability - Burden of Proof - CORRECT ANSWER>>>Must have a legal duty of care to
the plaintiff (duty owed)
Must have breached, violated or failed to comply with the legal duty of care (duty violated)
Breach of duty must have caused injury/damage (causation)
Plaintiff must have sustained damages (compensable damages)
Statue of Limitations - CORRECT ANSWER>>>Begins the date of first discovered/harm
Personal injury typically 2 years, exceptions can be made by a judge with compelling info
Professional Liability Insurance - CORRECT ANSWER>>>Everyone is encouraged to purchase
if practicing health care
Statutory immunity - federal and selected state public health professionals are immune from
lawsuits and liability for their official duties
2
, Having your own policy adds additional input and advice from legal counsel regarding strategies,
tactics, and course of action
In the realm of overall expenses, it is not expensive!
What does your $222 cover? - CORRECT ANSWER>>>Claims made? Occurrence?
Per Incident Limit? Coverage Limit?
Exemptions?
Jurisdictions?
Duel Credentials?
Hourly Attorney fees? What attorney?
Travel?
Expert fees? Cost of evidence/exhibits?
professional liability insurance options - claims made - CORRECT ANSWER>>>Protect the
insured from liability for covered events even if a claim and lawsuit are presented after coverage
lapses, so long as the coverage was in effect at the time of the incident giving rise to the claim
and lawsuit
professional liability insurance options - occurrence - CORRECT ANSWER>>>Provides
protection only if a policyholder maintains his professional liability insurance coverage until a
claim and lawsuit ensue
To have similar coverage to a claims-made policy, the holder of an occurrence policy must
purchase (expensive) tail (post-employment) or prior acts (covering events prior to current
employment and follow-on insurance coverage). - CORRECT ANSWER>>>-
Example: Let's say you purchased an occurrence policy from Adequate Insurance Company,
with an effective date of January 1, 2004 and liability limits of $200,000. You elect to let the 1-
year policy lapse at the end of 2004. You are then sued in 2006 for treatment you provided in
June of 2004. Since your occurrence policy was in effect at the time of the incident, Adequate
Insurance Company would respond to the claim, up to the $200,000 limit -- regardless of when
the claim is filed. - CORRECT ANSWER>>>Even if you left Adequate to purchase coverage
from another company, Adequate would respond to covered claims that occurred while their
policy was active, under the terms of that policy.
Optional Coverage - Extended Reporting Period Endorsement - CORRECT
ANSWER>>>Allows you to report a claim to your prior insurance company after the policy has
ended. It provides protection for covered claims that arise out of incidents that occurred during
the policy period, up to the date the policy ended.
I am being sued! Now what? - CORRECT ANSWER>>>Don't tell everyone!
Do not panic
Contact the appropriate parties (lawyer, supervisor, etc...)
Do not try to jog your memory and stress over it
3
JURISPRUDENCE QUESTIONS WITH
VERIFIED ANSWERS ALREADY
GRADED BY EXPERTS
What is Malpractice? - CORRECT ANSWER>>>Professional misconduct, improper discharge
of professional duties. Or failure to meet the standard of care of a profession that results in harm
to another.
It is the negligence or carelessness of a professional person.
Negligence - CORRECT ANSWER>>>Omission or commission of an act that a reasonable
prudent person would or would not perform under given circumstances.
It is a form of heedlessness or carelessness that constitutes a departure from the standard of care
generally imposed on members of society
**Follow scope of practice as defined by state and professional association
**Looking for the norm in your region
Commission - CORRECT ANSWER>>>Doing something that an ordinary, reasonable, prudent
person under like circumstances would not normally have done.
Typically results from inattention to detail and/or carelessness
Can also result from lack of knowledge, over confidence, or intentional risk-taking
Omission - CORRECT ANSWER>>>Failing to do something that the ordinary, reasonable
person would have done under the same or similar circumstances.
Biggest is informed consent, risks.
Lacking safety - gait belts, AD
Negligence: Ordinary - CORRECT ANSWER>>>Negligence occurring outside of the realm of
the health care professional service delivery. like pt education, informed consent, not hands on.
Negligence: Professional - CORRECT ANSWER>>>Related to the duty of providing health
care professional service delivery
Malpractice leads to what? - CORRECT ANSWER>>>Negligence --> Commission or Omission
and results in harm to the pt.
What are some examples of Common Negligence? - CORRECT ANSWER>>>Not
having/following proper policies, guidelines, and procedures
Not conducting appropriate assessments, baseline testing measurements
Not maintaining complete, accurate documentation
Not utilizing clear lines of communication
Not educating on the risks - and potential consequences - of adverse treatments
1
,Vicarious Liability - CORRECT ANSWER>>>Employers are vicariously liable for the conduct
of employees who act within the foreseeable scope of their employment responsibilities.
(volunteers, students)
Not liable for unforeseen conduct
Corporate Liability - CORRECT ANSWER>>>Negligence of a business entity to fulfill their
oversight and management duties to others
Monitoring the quality of services provided
Maintaining safe premises in the facility
Screening, hiring, credentialing of staff
Establishing effective risk management programs
Strict Product Liability - CORRECT ANSWER>>>Dangerously defective products that cause
injury and damage
Product must be used in a normal and foreseeable manner
Manufacturing defect, design defect, failure to warn
Lack of calibration, improper usage, etc... does not exempt clinician or user
Plaintiff - CORRECT ANSWER>>>Party who brings a civil suit seeking damages or other legal
relief
Plaintiffs can bring a suit based upon "anything"
Responsibility of lawyers and judges to determine the merits of the suit
Can occur at any time within the statute of limitations
Defendant - CORRECT ANSWER>>>The party against whom the suit is brought, demanding
that he, she, and/or pay the other party legal relief
Anyone can be named as a defendant
Counsel is highly recommended for representation to navigate the legal system
Costs are always associated with a defense
Civil Liability - Burden of Proof - CORRECT ANSWER>>>Must have a legal duty of care to
the plaintiff (duty owed)
Must have breached, violated or failed to comply with the legal duty of care (duty violated)
Breach of duty must have caused injury/damage (causation)
Plaintiff must have sustained damages (compensable damages)
Statue of Limitations - CORRECT ANSWER>>>Begins the date of first discovered/harm
Personal injury typically 2 years, exceptions can be made by a judge with compelling info
Professional Liability Insurance - CORRECT ANSWER>>>Everyone is encouraged to purchase
if practicing health care
Statutory immunity - federal and selected state public health professionals are immune from
lawsuits and liability for their official duties
2
, Having your own policy adds additional input and advice from legal counsel regarding strategies,
tactics, and course of action
In the realm of overall expenses, it is not expensive!
What does your $222 cover? - CORRECT ANSWER>>>Claims made? Occurrence?
Per Incident Limit? Coverage Limit?
Exemptions?
Jurisdictions?
Duel Credentials?
Hourly Attorney fees? What attorney?
Travel?
Expert fees? Cost of evidence/exhibits?
professional liability insurance options - claims made - CORRECT ANSWER>>>Protect the
insured from liability for covered events even if a claim and lawsuit are presented after coverage
lapses, so long as the coverage was in effect at the time of the incident giving rise to the claim
and lawsuit
professional liability insurance options - occurrence - CORRECT ANSWER>>>Provides
protection only if a policyholder maintains his professional liability insurance coverage until a
claim and lawsuit ensue
To have similar coverage to a claims-made policy, the holder of an occurrence policy must
purchase (expensive) tail (post-employment) or prior acts (covering events prior to current
employment and follow-on insurance coverage). - CORRECT ANSWER>>>-
Example: Let's say you purchased an occurrence policy from Adequate Insurance Company,
with an effective date of January 1, 2004 and liability limits of $200,000. You elect to let the 1-
year policy lapse at the end of 2004. You are then sued in 2006 for treatment you provided in
June of 2004. Since your occurrence policy was in effect at the time of the incident, Adequate
Insurance Company would respond to the claim, up to the $200,000 limit -- regardless of when
the claim is filed. - CORRECT ANSWER>>>Even if you left Adequate to purchase coverage
from another company, Adequate would respond to covered claims that occurred while their
policy was active, under the terms of that policy.
Optional Coverage - Extended Reporting Period Endorsement - CORRECT
ANSWER>>>Allows you to report a claim to your prior insurance company after the policy has
ended. It provides protection for covered claims that arise out of incidents that occurred during
the policy period, up to the date the policy ended.
I am being sued! Now what? - CORRECT ANSWER>>>Don't tell everyone!
Do not panic
Contact the appropriate parties (lawyer, supervisor, etc...)
Do not try to jog your memory and stress over it
3
