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
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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
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The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
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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
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37-1 points
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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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