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Test Bank for Kinns The Medical Assistant, 11th Edition : Adams

Test Bank for Kinns The Medical Assistant, 11th


Edition : Adams

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Young: Kinn's The Medical Assistant, 11th Edition

Chapter 07: Medicine and Law

Test Bank

TRUE/FALSE

1. The willful and unlawful use of force or violence on the person of another is called assault.

ANS: F
The willful and unlawful use of force or violence on the person of another is called battery.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

2. The Code of Federal Regulations delineates rules and regulations published in the Federal
Register by the various departments and agencies of the federal government.

ANS: T
The CFR delineates rules and regulations published in the Federal Register by the various
departments and agencies of the federal government.

PTS: 1
REF: Cog: IX. 13. Discuss all levels of governmental legislation and regulations as they
apply to medical assisting practice, including FDA and DEA regulations

3. The science and philosophy of law is called jurisprudence.

ANS: T
Jurisprudence is the science and philosophy of law.

PTS: 1 REF: IX. Legal implications

4. Much of our law is based on previous judicial and jury decisions called ordinances.

ANS: F
Much of our law is based upon previous judicial and jury decisions called precedents.

PTS: 1
REF: Cog: IX. 13. Discuss all levels of governmental legislation and regulations as they
apply to medical assisting practice, including FDA and DEA regulations

5. Only the defense has the right to appeal a court decision to a higher level.

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Test Bank 7-2

ANS: F
The defense or the prosecution has the right to appeal a court decision to a higher level;
however, prosecutors often retry a case rather than pursue a formal appeal.

PTS: 1
REF: Cog: IX. 13. Discuss all levels of governmental legislation and regulations as they
apply to medical assisting practice, including FDA and DEA regulations

6. The term medical professional liability encompasses all possible civil liability that can be
incurred during the delivery of medical care.

ANS: T
Medical professional liability encompasses all possible civil liability that can be incurred
during the delivery of medical care.

PTS: 1
REF: Cog: IX. 6. Describe liability, professional, personal injury and third party
insurance

7. When a wrongful death lawsuit is filed, the person who died often is called the decedent.

ANS: T
A deceased person often is called the decedent in legal proceedings.

PTS: 1 REF: IX. Legal implications

8. Healthcare professionals are required to report child abuse only when they have concrete
evidence that abuse has taken place.

ANS: F
Healthcare professionals do not have to be absolutely certain that abuse has taken place to
report it. However, they should make every effort to confirm the abuse before and during
the reporting process.

PTS: 1
REF: Cog: IX. 13. Discuss all levels of governmental legislation and regulations as they
apply to medical assisting practice, including FDA and DEA regulations

9. A physician who discontinues his or her medical practice must return triplicate prescription
forms to the DEA.

ANS: T
Triplicate prescription forms must be returned to the DEA when physicians close their
practices.

PTS: 1

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank 7-3

REF: Cog: IX. 13. Discuss all levels of governmental legislation and regulations as they
apply to medical assisting practice, including FDA and DEA regulations

10. If an individual has not indicated that he or she wants to donate organs, the person’s organs
cannot be harvested after death.

ANS: F
Organs can be harvested for donation after death if the family agrees to allow organ
donation, even if the deceased person did not formally stipulate that he or she wanted
organs to be donated after death.

PTS: 1
REF: Cog: IX. 10. f. Explain how the following impact the medical assistant's practice
and give examples: Living will/Advanced directives

11. According to OSHA regulations, handicapped individuals must be able to enter and exit
buildings easily and be able to travel from floor to floor in multistory buildings.

ANS: F
The Americans with Disabilities Act, not OSHA, regulates situations involving
handicapped individuals.

PTS: 1
REF: Cog: IX. 11. Identify how the Americans with Disabilities Act (ADA) applies to
the medical assisting profession

12. The formal action of a legislative body is called an appeal.

ANS: F
The formal action of a legislative body is called an act.

PTS: 1
REF: Cog: IX. 13. Discuss all levels of governmental legislation and regulations as they
apply to medical assisting practice, including FDA and DEA regulations

13. Things happening at the same time are happening concurrently.

ANS: T
When things happen at the same time, they are said to occur concurrently.

PTS: 1 REF: IX. Legal implications

14. Municipal courts represent counties.

ANS: F
Municipal courts represent cities.

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Test Bank 7-4

PTS: 1 REF: IX. Legal implications

15. Civil cases must be proven beyond a reasonable doubt.

ANS: F
Civil cases must be proven beyond a preponderance of the evidence.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

16. A written defamatory statement or representation that conveys an unjustly unfavorable


impression is called liable.

ANS: F
A written defamatory statement or representation that conveys an unjustly unfavorable
impression is called libel.

PTS: 1
REF: Cog: IX. 9. Provide an example of tort law as it would apply to a medical assistant

17. In most cases, convicted felons cannot vote, hold public office, or possess a firearm.

ANS: T
In most cases, felons cannot vote, hold public office, or have a firearm.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

18. Lawsuits must be filed in the court that has jurisdiction over the case.

ANS: T
Lawsuits must be filed in courts that have jurisdiction over them.

PTS: 1 REF: IX. Legal implications

19. Special damages are injuries that are not a necessary consequence of a physician’s
negligent act or omission.

ANS: T
Special damages are injuries that are not a necessary consequence of a physician’s
negligent act or omission.

PTS: 1 REF: IX. Legal implications

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank 7-5

20. Adults who have been found by a court to be insane or incompetent can still consent to
medical treatment in almost all cases.

ANS: F
Adults who have been found by a court to be insane or incompetent usually are unable to
consent to medical treatment.

PTS: 1
REF: Cog: IX. 13. Discuss all levels of governmental legislation and regulations as they
apply to medical assisting practice, including FDA and DEA regulations

21. A statement by a party to a legal action of what the party undertakes to prove is called
assent.

ANS: F
An allegation is a statement by a party to a legal action of what the party undertakes to
prove.

PTS: 1 REF: IX. Legal implications

22. An expert witness is prone to engage in lawsuits.

ANS: F
An expert witness provides testimony to a court, as an expert in a certain field or subject, to
verify facts. Litigious means prone to engage in lawsuits.

PTS: 1 REF: IX. Legal implications

23. An infraction is a more serious crime than a misdemeanor.

ANS: F
A traffic violation is an infraction, whereas drug offenses, some types of theft, and other
crimes are misdemeanors.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

24. The petitioner, or respondent, brings a case to civil court.

ANS: F
The respondent is the party who answers a lawsuit. Whichever party initiates the lawsuit is
the petitioner in a civil case.

PTS: 1

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank 7-6

REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

25. Something that has significant and demonstrable bearing on the matter at hand is recourse.

ANS: F
Something that has significant and demonstrable bearing on a matter is relevant.

PTS: 1 REF: IX. Legal implications

26. Slander is oral defamation.

ANS: T
Slander is oral defamation, whereas libel is a written defamatory statement.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

27. A person who is shrewd in the management of practical affairs is considered an arbitrator.

ANS: F
An arbitrator is a neutral person chosen to settle differences between two parties in a
controversy. A person who is shrewd in the management of practical affairs is considered
to be prudent.

PTS: 1 REF: IX. Legal implications

28. The legal representative of a minor may be a guardian ad litem.

ANS: T
When a patient is a minor, permission for surgery must be obtained from a parent,
guardian, or a guardian ad litem.

PTS: 1
REF: Cog: IX. 13. Discuss all levels of governmental legislation and regulations as they
apply to medical assisting practice, including FDA and DEA regulations

29. An emancipated minor is over the age of 18.

ANS: F
An emancipated minor is a person under legal age who is self-supporting and living apart
from parents or guardians.

PTS: 1
REF: Cog: IX. 13. Discuss all levels of governmental legislation and regulations as they

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank 7-7

apply to medical assisting practice, including FDA and DEA regulations

30. Something that is easily understood or recognized by the mind is a manifestation.

ANS: T
One of the four requirements for a legal contract is manifestation of asset, or a meeting of
the minds, which means that the idea is easily understood by the parties involved.

PTS: 1 REF: IX. Legal implications

MULTIPLE CHOICE

1. Criminal law governs violations of the law that are punishable as offenses against:
a. individuals
b. the state or government
c. corporations
d. groups
ANS: B
When an individual is guilty of a crime against the state or the government, it is considered
a breach of criminal law.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

2. Local governments create and enact:


a. precedents
b. acts
c. ordinances
d. all of the above
ANS: C
Ordinances are created and enacted by local governments.

PTS: 1
REF: Cog: IX. 13. Discuss all levels of governmental legislation and regulations as they
apply to medical assisting practice, including FDA and DEA regulations

3. Respondeat superior is a Latin term meaning:


a. “Let the master answer.”
b. “Buyer, beware.”
c. “The thing speaks for itself.”
d. “Respond as soon as possible.”
ANS: A
Respondeat superior means, “Let the master answer.”

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank 7-8

PTS: 1 REF: IX. Legal implications

4. Considered the most serious crime, an offense to overthrow the government is classified as
a(n):
a. felony
b. misdemeanor
c. violation
d. act of treason
ANS: D
Attempting to overthrow the government, the most serious crime, is called treason.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

5. A minor crime is called a(n):


a. felony
b. misdemeanor
c. violation
d. act of treason
ANS: B
A minor crime is called a misdemeanor. A major crime is a felony, and the most serious
crime is treason.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

6. A major crime, such as rape, murder, or burglary, is classified as a(n):


a. felony
b. misdemeanor
c. violation
d. act of treason
ANS: A
A major crime, such as rape or murder, is a felony.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

7. Medical liability cases can stem from:


a. a breach of trust on the part of the physician
b. a breach of trust on the part of the patient
c. some type of miscommunication between the patient and physician

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank 7-9

d. all of the above


ANS: D
Many situations can prompt a medical liability case, such as a breach of trust on the part of
the physician or the patient or a miscommunication between the two.

PTS: 1
REF: Cog: IX. 6. Describe liability, professional, personal injury and third party
insurance

8. Which of the following is not a requirement for a valid, legal contract?


a. The contract must include manifestation of assent.
b. The contract must be in writing.
c. The contract must involve legal subject matter.
d. All parties must have the legal capacity to enter into a contract.
ANS: B
A valid contract must contain manifestation of assent and must involve legal subject matter,
and all parties must have the legal capacity to enter into a contract. Contracts do not have to
be in writing to be valid and legal.

PTS: 1 REF: IX. Legal implications

9. A list of questions from one party in a lawsuit to another party in the lawsuit is called a(n):
a. deposition
b. interrogatory
c. petition
d. response
ANS: B
A list of questions from one party to another in a lawsuit is an interrogatory.

PTS: 1 REF: IX. Legal implications

10. The pretrial disclosure of pertinent facts or documents by one or both parties in a legal
action is called:
a. discovery
b. exchange
c. subpoena
d. subpoena duces tecum
ANS: A
Discovery is the pretrial disclosure of pertinent facts in a lawsuit.

PTS: 1 REF: IX. Legal implications

11. Generally, a subpoena duces tecum should be filed no less than ____ days before a trial.
a. 5

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Test Bank 7-10

b. 10
c. 15
d. 20
ANS: C
A subpoena duces tecum should be filed no less than 15 days before the start of a trial.

PTS: 1 REF: IX. Legal implications

12. The performance of an act that is wholly wrongful and unlawful is called:
a. malfeasance
b. misfeasance
c. nonfeasance
d. feasance
ANS: A
Malfeasance is the performance of an act that is wholly wrongful and unlawful.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

13. The improper performance of a lawful act is called:


a. malfeasance
b. misfeasance
c. nonfeasance
d. feasance
ANS: B
Improper performance of a lawful act is called misfeasance.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

14. The failure to perform an act that should have been performed is called:
a. malfeasance
b. misfeasance
c. nonfeasance
d. feasance
ANS: C
Nonfeasance is the failure to perform an act that should have been performed.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank 7-11

15. Negligence must be:


a. assumed
b. proven
c. noticed
d. ignored
ANS: B
Negligence must be proven to win a judgment in court or in arbitration.

PTS: 1
REF: Cog: IX. 10. a. Explain how the following impact the medical assistant's practice
and give examples: Negligence

16. A physician who fails to obtain consent before treating a patient could be charged with:
a. misfeasance
b. breach of contract
c. battery
d. negligence
ANS: C
A physician may be charged with battery if he or she does not obtain consent before
procedures are performed on a patient.

PTS: 1
REF: Cog: IX. 9. Provide an example of tort law as it would apply to a medical assistant

17. A set of laws designed to standardize electronic data exchange and protect health
information is:
a. CLIA
b. OSHA
c. DHHS
d. HIPAA
ANS: D
HIPAA (the Health Insurance Portability and Accountability Act) is a set of laws that were
designed to standardize electronic data exchange and protect health information.

PTS: 1
REF: Cog: IX. 3. Describe the implications of HIPAA for the medical assistant in various
medical settings

18. Which of the following elements is necessary for informed consent?


a. Patient’s diagnosis, if known
b. Risks and benefits of the procedure or treatment
c. Alternative treatments
d. All of the above
ANS: D

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank 7-12

When obtaining informed consent from a patient, the physician must advise the patient of
the diagnosis, the risks and benefits of having and not having treatment, and alternative
treatments.

PTS: 1
REF: Cog: IX. 7. Compare and contrast physician and medical assistant roles in terms of
standard of care

19. A person who represents a minor in legal situations is called a:


a. respondeat superior
b. guardian ad litem
c. respondeat minor
d. none of the above
ANS: B
A guardian ad litem represents minors in legal matters.

PTS: 1 REF: IX. Legal implications

20. The most sacred trust that patients place in physicians and their staff members is:
a. the ability to cure disease
b. the competent treatment of symptoms
c. confidentiality
d. the fairness of charges for services
ANS: C
Confidentiality is a sacred trust that physicians and healthcare professionals must never
breach.

PTS: 1
REF: Cog: IX. 2. Explore issue of confidentiality as it applies to the medical assistant

21. Which of the following conditions does not support classification of a minor by the courts
as emancipated?
a. The minor wants to enter the armed forces.
b. The minor is married.
c. The minor is self-supporting.
d. The minor lives separate and apart from parents or a legal guardian.
ANS: A
An emancipated minor is one who is married, self-supporting, and/or living separate and
apart from parents. The desire to enter the military does not make a minor emancipated.

PTS: 1
REF: Cog: IX. 13. Discuss all levels of governmental legislation and regulations as they
apply to medical assisting practice, including FDA and DEA regulations

22. Which agency oversees and enforces the Controlled Substances Act?

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Test Bank 7-13

a. IRS
b. DEA
c. OSHA
d. SWAT
ANS: B
The Drug Enforcement Agency oversees and enforces the Controlled Substances Act.

PTS: 1
REF: Cog: IX. 13. Discuss all levels of governmental legislation and regulations as they
apply to medical assisting practice, including FDA and DEA regulations

23. The drugs in schedule _____ are considered to have the highest potential for abuse.
a. I
b. II
c. III
d. IV
ANS: A
Schedule I drugs have the highest potential for abuse, and schedule V drugs are said to
have the lowest potential for abuse. Of the categories listed, schedule IV drugs have the
lowest potential for abuse.

PTS: 1
REF: Cog: IX. 13. Discuss all levels of governmental legislation and regulations as they
apply to medical assisting practice, including FDA and DEA regulations

24. Which of the following is not true about organ donations?


a. Even if the patient did not specify before death that he or she wanted to donate
organs, the organs can be used with the family’s consent.
b. The recipient’s physician can certify the death of the donor.
c. The donor’s physician can certify the death of the donor.
d. Any person over 18 can donate his or her organs.
ANS: B
With respect to organ donation, a recipient’s physician cannot certify a donor’s death.

PTS: 1
REF: Cog: IX. 10. f. Explain how the following impact the medical assistant's practice
and give examples: Living will/Advanced directives

25. Which of these sets of regulations contains the general duty clause?
a. OSHA
b. HIPAA
c. CLIA
d. ADA
ANS: A

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank 7-14

The general duty clause is part of the OSHA regulations.

PTS: 1
REF: Cog: III. 4. Identify personal safety precautions as established by the Occupational
Safety and Health Administration (OSHA)

26. Public medical facilities must allow individuals with disabilities to easily and safely:
a. enter and exit buildings
b. use drinking fountains
c. move from floor to floor
d. all of the above
ANS: D
For a building to be in compliance with the Americans with Disabilities Act, individuals
with disabilities must be able to enter and exit buildings, use drinking fountains, and move
from floor to floor.

PTS: 1
REF: Cog: IX. 11. Identify how the Americans with Disabilities Act (ADA) applies to
the medical assisting profession

27. Which of these might be considered grounds for revocation of a medical license?
a. Conviction of a crime
b. Unprofessional conduct
c. Personal or professional incapacity
d. All of the above
ANS: D
A medical license might be revoked if the physician was convicted of a crime, participated
in unprofessional conduct, and/or was personally or professionally incapacitated.

PTS: 1
REF: Cog: IX. 5. Discuss licensure and certification as it applies to healthcare providers

28. To withdraw protection or support or to discontinue medical care without proper notice is
called:
a. nondelivery
b. abandonment
c. failure to care
d. none of the above
ANS: B
Abandonment is discontinuing medical care without proper notice.

PTS: 1
REF: Cog: IX. 9. Provide an example of tort law as it would apply to a medical assistant

29. The person bringing a case or legal action to court is the:

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Test Bank 7-15

a. judge
b. defendant
c. plaintiff
d. bailiff
ANS: C
The individual who brings a case to court is the plaintiff.

PTS: 1 REF: IX. Legal implications

30. Presumed consent is also called _____ consent.


a. written
b. verbal
c. implied
d. informed
ANS: C
Presumed consent is another name for implied consent.

PTS: 1 REF: IX. Legal implications

31. Something that has significant and demonstrable bearing on the matter at hand is:
a. relevant
b. frequent
c. recourse
d. stipulated
ANS: A
Something that has significant and demonstrable bearing on the matter at hand is relevant
to the situation.

PTS: 1 REF: IX. Legal implications

32. A solemn declaration usually made orally by a witness under oath is called:
a. a response
b. testimony
c. a subpoena
d. assent
ANS: B
Testimony is a solemn declaration usually made orally by a witness under oath.

PTS: 1 REF: IX. Legal implications

33. Which of the following is not a type of civil law?


a. Misdemeanor
b. Administrative
c. Tort

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Test Bank 7-16

d. Contract
ANS: A
The three basic types of civil law that affect medical practices are administrative law,
contract law, and tort law. A misdemeanor is a type of criminal law.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

34. How many cases are heard by the Supreme Court each year?
a. 10 to 28
b. 80 to 90
c. 240 to 300
d. 500 or more
ANS: B
The Supreme Court hears approximately 80 to 90 cases each year.

PTS: 1 REF: IX. Legal implications

35. The person who keeps order in a courtroom is the:


a. bailiff
b. prosecuting attorney
c. sheriff
d. court clerk
ANS: A
A bailiff keeps order in a courtroom.

PTS: 1 REF: IX. Legal implications

36. Which of the following is not one of the four Ds of negligence?


a. Duty
b. Dereliction
c. Deposition
d. Damages
ANS: C
The four Ds of negligence are duty, dereliction, direct cause, and damages. A deposition is
testimony taken during the course of a lawsuit.

PTS: 1
REF: Cog: IX. 10. a. Explain how the following impact the medical assistant's practice
and give examples: Negligence

37. Which of the following is not a standard of care that physicians are expected to uphold?
a. Use reasonable care, attention, and diligence.

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank 7-17

b. Take the advice of consulting physicians.


c. Follow his or her best judgment in treating patients.
d. Exercise reasonable skill and care.
ANS: B
Physicians are not required to take the advice of consulting physicians when treating their
patients.

PTS: 1
REF: Cog: IX. 7. Compare and contrast physician and medical assistant roles in terms of
standard of care

38. The benefits of HIPAA include:


a. lower administrative costs
b. higher administrative costs
c. increased revenue cycle time
d. none of the above
ANS: A
HIPAA was designed to lower administrative costs.

PTS: 1
REF: Cog: IX. 3. Describe the implications of HIPAA for the medical assistant in various
medical settings

39. Which of the following tests are exempt from CLIA standards for medical assistants?
a. Urine pregnancy testing
b. Spun hematocrit testing
c. Dipstick urinalysis
d. All of the above
ANS: D
Many simple laboratory tests are exempt from CLIA standards, including the urine
pregnancy test, spun hematocrit tests, and dipstick urinalysis.

PTS: 1
REF: Cog: IX. 13. Discuss all levels of governmental legislation and regulations as they
apply to medical assisting practice, including FDA and DEA regulations

40. Licensure for physicians cannot be obtained through:


a. examination
b. transfer
c. reciprocity
d. endorsement
ANS: B
Physician licensure can be obtained by examination, reciprocity, and endorsement.

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank 7-18

PTS: 1
REF: Cog: IX. 5. Discuss licensure and certification as it applies to healthcare providers

COMPLETION

1. To agree to something after thoughtful consideration is called __________.

ANS:
assent
To give assent means to agree to something after thoughtful consideration.

PTS: 1 REF: IX. Legal implications

2. A sum imposed as punishment for an offense is called a(n) __________.

ANS:
fine
Fines are sums of money imposed upon individuals or groups as a punishment.

PTS: 1 REF: IX. Legal implications

3. A(n) __________ is a list of legal cases to be tried.

ANS:
docket
The docket is the court’s list of cases to be heard in a certain period of time.

PTS: 1 REF: IX. Legal implications

4. Municipal regulations are also called __________.

ANS:
ordinances
Municipal regulations are called ordinances.

PTS: 1 REF: IX. Legal implications

5. Something marked by wisdom or judiciousness is said to be __________.

ANS:
prudent
To be prudent is to be marked by wisdom or judiciousness.

PTS: 1 REF: IX. Legal implications

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank 7-19

6. __________ is a solemn declaration, usually made orally by a witness under oath in


response to interrogation by a lawyer or an authorized public official.

ANS:
Testimony
Testimony is a solemn declaration usually made under oath.

PTS: 1 REF: IX. Legal implications

7. The finding or decision of a jury on a matter submitted to it in trial is called the


__________.

ANS:
verdict
The finding of a jury or judge is called the verdict.

PTS: 1 REF: IX. Legal implications

8. A(n) __________ is something done or said that serves as an example or rule to authorize
or justify a subsequent act of the same kind.

ANS:
precedent
A precedent is something done or said that serves as an example or rule to authorize or
justify a subsequent act of the same kind.

PTS: 1 REF: IX. Legal implications

9. Turning to something or someone for help or protection is called __________.

ANS:
recourse
Turning to something or someone for help or protection is called recourse.

PTS: 1

10. The pretense of curing disease is called __________.

ANS:
quackery
The pretense of curing disease is called quackery.

PTS: 1 REF: IX. Legal implications

11. __________ are a type of testimony that is not limited to the parties in a lawsuit.

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Test Bank 7-20

ANS:
Depositions
Depositions are a type of testimony that is not limited to parties in a lawsuit.

PTS: 1 REF: IX. Legal implications

12. A patient’s medical record is considered to be __________ evidence.

ANS:
documentary
An example of documentary evidence is a patient's medical record.

PTS: 1 REF: IX. Legal implications

13. __________ negligence exists when the patient contributes to his or her own condition.

ANS:
Contributory
When the patient has contributed to his or her condition, he or she is said to be guilty of
contributory negligence.

PTS: 1
REF: Cog: IX. 10. a. Explain how the following impact the medical assistant's practice
and give examples: Negligence

14. Failure to perform a duty is called __________.

ANS:
dereliction
Failure to perform a duty is called dereliction of duty.

PTS: 1
REF: Cog: IX. 10. a. Explain how the following impact the medical assistant's practice
and give examples: Negligence

15. Consent, usually written, that states understanding of what treatment is to be undertaken
and the risks involved with such treatment, is called __________ consent.

ANS:
informed
Informed consent is usually written and states an understanding of what treatment is to be
undertaken, including the risks involved with such treatment.

PTS: 1
REF: Cog: IX. 7. Compare and contrast physician and medical assistant roles in terms of
standard of care

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank 7-21

16. Civil cases must be proven by a(n) __________ of the evidence.

ANS:
preponderance
Civil cases are proven by a preponderance of the evidence, whereas criminal cases must be
proven beyond reasonable doubt.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

17. __________ is an alternative to trial in which a third party hears evidence and makes a
decision.

ANS:
Arbitration
Arbitration is an alternative to a trial in which a third party hears evidence and renders a
decision in a conflict.

PTS: 1 REF: IX. Legal implications

18. __________ damages are small awards that are token compensation for invasion of a legal
right in which no actual injury was suffered.

ANS:
Nominal
Nominal damages are small, token awards given when no actual injury has been suffered.

PTS: 1 REF: IX. Legal implications

19. When a physician withdraws medical care from a patient, a(n) __________ letter must be
sent to notify the patient.

ANS:
certified
The certified letter proves that the physician made the attempt to notify the patient.

PTS: 1
REF: Cog: IX. 7. Compare and contrast physician and medical assistant roles in terms of
standard of care

20. Once a patient has decided to file a lawsuit against a physician, the first step is to find a(n)
__________ to accept the case.

ANS:

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank 7-22

attorney
Some attorneys may not want to initiate legal proceedings against physicians, so finding
representation may be a challenge.

PTS: 1 REF: IX. Legal implications

21. When one party of a lawsuit is dissatisfied with a lower court’s decision, it has the right to
__________ to a higher court.

ANS:
appeal
An appeal is a legal proceeding by which a case is brought before a higher court for review
of the decision of a lower court.

PTS: 1 REF: IX. Legal implications

22. A docket is a formal record of judicial __________, or a list of the legal cases to be tried.

ANS:
proceedings
The docket provides a list of cases, or judicial proceedings, to be tried in a specified period
of time.

PTS: 1 REF: IX. Legal implications

23. The person giving a deposition is called the __________.

ANS:
deponent
A deponent gives a deposition.

PTS: 1 REF: IX. Legal implications

24. The medical assistant cannot explain the consent form; this must be done by
the __________.

ANS:
physician
The informed consent must be reviewed with the physician, but the medical assistant can
witness the signature.

PTS: 1
REF: Cog: IX. 7. Compare and contrast physician and medical assistant roles in terms of
standard of care

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.


Test Bank for Kinns The Medical Assistant, 11th Edition : Adams

Test Bank 7-23

25. If no jury is present and a judge decides the case, the proceeding is called a(n) __________
trial.

ANS:
bench
A bench trial is a proceeding in which the judge decides the case.

PTS: 1 REF: IX. Legal implications

26. In a(n) __________ case, guilt must be proven beyond a reasonable doubt.

ANS:
criminal
Criminal cases must be proven beyond reasonable doubt. Civil cases are proven by a
preponderance of the evidence.

PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant

27. The failure to perform an act that should have been performed is called __________.

ANS:
nonfeasance
Nonfeasance is the failure to act; malfeasance is the performance of an act that is wholly
wrongful and unlawful; and misfeasance is the improper performance of a lawful act.

PTS: 1
REF: Cog: IX. 10. a. Explain how the following impact the medical assistant's practice
and give examples: Negligence

28. A physician must use reasonable care, attention, and __________ when treating patients.

ANS:
diligence
The physician must follow his or her best judgment and use diligence when treating
patients.

PTS: 1
REF: Cog: IX. 7. Compare and contrast physician and medical assistant roles in terms of
standard of care

Copyright © 2011 by Saunders, an affiliate of Elsevier Inc.

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