Collusion with the medical staff violates antitrust laws

Collusion with the medical staff violates antitrust laws

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Collusion with the medical staff violates antitrust laws

1) Legal disputes with the medical staff must be avoided if at all possible because

(Points: 3)

Collusion with the medical staff violates antitrust laws

Physicians are hospital employees

Such disputes are disruptive and expensive

Physicians are solely responsible for admitting patients

Question 2. “Corporate liability” refers to which of the following?

(Points: 3)

A corporation’s responsibility for the acts of its employees

Use of reasonable care in appointing members of the medical staff

Medical malpractice insurance coverage

Medicare Conditions of Participation

Question 3. A significant aspect of the Health Care Quality Improvement Act is that it

(Points: 3)

Creates a national data bank on peer review activities

Establishes a national board of appeals for peer review decisions

Requires hospitals to immediately suspend any physician suspected of misconduct

Allows courts to substitute their judgments about decisions to suspend a physician’s privileges

Question 4. Of the following legal issues, which is most likely to be of concern in the peer review process?

(Points: 3)

Licensure

Criminal background checks

Medical society membership

Confidentiality of peer review records

Question 5. Which of the following is not commonly a function of the organized medical staff?

(Points: 3)

Providing continuing medical education

Serving as a liaison between physicians and the governing board

Doing background checks on applications for medical staff privileges

Investigating Medicare and Medicaid fraud by physicians

Question 6. Who has ultimate responsibility for the quality of care rendered in a healthcare Organization?

(Points: 3)

Governing board (board of directors/trustees)

Chief of the medical staff

Medical executive committee

Medical staff credentialing committee

Question 7. When acting on applications for medical staff privileges, both government-owned and private hospitals must provide procedural due process.

(Points: 3)

True

False

Question 8. In cases involving discipline of medical staff members, an allegation of “unprofessional conduct” is too vague and subjective to be a valid standard.

(Points: 3)

True

False

Question 9. Under common-law principles, for many years private hospitals were essentially free of court intervention in decisions about medical staff appointments.

(Points: 3)

True

False

Question 10. A hospital enters into an exclusive contract with a physician or physician group to

Provide specialty services (e.g., anesthesia or emergency department coverage). If that decision is challenged by a physician who has been excluded from performing those services, the courts generally defer to the hospital’s decision and find in favor of the hospital

(Points: 3)

True

False

Question 11. 11. Hospitals are required by law to have an emergency department.

(Points : 3)

True

False

Question 12. 12. As a matter of common law, a physician has no duty to respond to a stranger’s call for medical assistance.

(Points : 3)

True

False

Question 13. 13. The federal law regarding examination and treatment of emergency medical conditions applies only to persons who are uninsured.

(Points : 3)

True

False

Question 14. 14. A patient in a hospital-owned ambulance is considered to have “come to the hospital” for purposes of the federal law on emergency medical care.

(Points : 3)

True

False

Question 15. 15. The federal law on emergency medical conditions applies to anyone on hospital property who the hospital determines has an emergency medical condition, even if the individual is not in the emergency department.

(Points : 3)

True

False

Question 16. 16. Under federal law, a woman who is in labor is considered to have an emergency condition.

(Points : 3)

True

False

Question 17. 17. To be a violation of the federal emergency medical treatment law, a hospital’s refusal to see a patient must have been motivated by the patient’s inability to pay.

(Points : 3)

True

False

Question 18. 18. Which of the following statements is the best summary of a hospital’s duty of care in emergency cases?

(Points : 3)

Once care has begun, the hospital has a duty to provide reasonable treatment under the

Circumstances in the patient’s best interests.

Once the patient has been screened, he should be transferred to a public hospital if he has no

Insurance coverage.

If no attending physician is on duty, the patient should be transferred immediately to a hospital that has a fully staffed emergency department.

If the patient is seen by a resident or intern, the hospital will not be liable unless that person was

negligent.

Question 19. 19. When can a patient who appears at a hospital and asks for emergency treatment be transferred to another facility?

(Points : 3)

Never

After the patient has been admitted and the condition is no longer an emergency

When a transfer is in the patient’s best interests, medically speaking

When no physician is on duty

Question 20. 20. Which of the following is the best summary of the purpose of a Good Samaritan Statute?

(Points : 3)

To require people to stop blind men from walking off cliffs

To protect people from liability who render aid at the scene of an accident

To protect paramedics and other “first responders” from lawsuits

To provide financial incentives that encourage emergency response teams

Question 21. 21. Most states now apply which standard to questions about what risks should be

Disclosed to the patient for informed consent?

(Points : 3)

What most reasonable physicians disclose

What The Joint Commission requires

What the American Medical Association requires

What reasonable patients would want to know

Question 22. 22. What is the most significant legal problem with relying on oral consent?

(Points : 3)

It is prohibited by Medicare regulations.

It is a violation of the Hippocratic Oath.

It is ultra vires.

It is difficult to prove.

Question 23. 23. Which of the following is not a required element of informed consent?

(Points : 3)

Risks

Alternatives

Consequences of non-consent

Insurance coverage

Question 24. 24. Which of the following was not a “right to die” case?

(Points : 3)

In re Quinlan

Matter of Conroy

Buck v. Bell

Cruzan v. Director

Question 25. 25. “Ghost surgery” refers to what questionable practice?

(Points : 3)

Procedures performed by a substitute physician

Exorcism

Voodoo rituals

Training of medical residents

Question 26. 26. Proof of a patient’s consent is a defense against which type of lawsuit?

(Points : 3)

Harassment

Battery

False imprisonment

Negligence

RUBRIC
Excellent Quality 95-100%	Introduction 45-41 points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.		Literature Support 91-84  points The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.			Methodology 58-53 points Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score 50-85%	40-38 points More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.		83-76  points Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.			52-49  points Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality 0-45%	37-1 points The background and/or significance are missing. No search history information is provided.		75-1 points Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.			48-1 points There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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