Professional Documents
Culture Documents
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
ANS: T
Jurisprudence is the science and philosophy of law.
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.
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.
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
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
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
ANS: T
When things happen at the same time, they are said to occur concurrently.
ANS: F
Municipal courts represent cities.
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
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.
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.
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.
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.
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
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
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.
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.
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
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
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.
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
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
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
PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant
PTS: 1
REF: Cog: IX. 8. Compare criminal and civil law as it applies to the practicing medical
assistant
PTS: 1
REF: Cog: IX. 6. Describe liability, professional, personal injury and third party
insurance
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.
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.
11. Generally, a subpoena duces tecum should be filed no less than ____ days before a trial.
a. 5
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.
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
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
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
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
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?
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
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
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
a. judge
b. defendant
c. plaintiff
d. bailiff
ANS: C
The individual who brings a case to court is the plaintiff.
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.
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.
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: 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.
PTS: 1
REF: Cog: IX. 7. Compare and contrast physician and medical assistant roles in terms of
standard of care
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
PTS: 1
REF: Cog: IX. 5. Discuss licensure and certification as it applies to healthcare providers
COMPLETION
ANS:
assent
To give assent means to agree to something after thoughtful consideration.
ANS:
fine
Fines are sums of money imposed upon individuals or groups as a punishment.
ANS:
docket
The docket is the court’s list of cases to be heard in a certain period of time.
ANS:
ordinances
Municipal regulations are called ordinances.
ANS:
prudent
To be prudent is to be marked by wisdom or judiciousness.
ANS:
Testimony
Testimony is a solemn declaration usually made under oath.
ANS:
verdict
The finding of a jury or judge is called the verdict.
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.
ANS:
recourse
Turning to something or someone for help or protection is called recourse.
PTS: 1
ANS:
quackery
The pretense of curing disease is called quackery.
11. __________ are a type of testimony that is not limited to the parties in a lawsuit.
ANS:
Depositions
Depositions are a type of testimony that is not limited to parties in a lawsuit.
ANS:
documentary
An example of documentary evidence is a patient's medical record.
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
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
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.
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.
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:
attorney
Some attorneys may not want to initiate legal proceedings against physicians, so finding
representation may be a challenge.
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.
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.
ANS:
deponent
A deponent gives a deposition.
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
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.
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