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1. Which of the following is PROBABLY a case of medical malpractice? I. A doctor neither...

1. Which of the following is PROBABLY a case of medical malpractice? I. A doctor neither monitors nor diagnoses cerebral bleeding in a patient with a head injury, resulting in the patient's death. II. A doctor does not examine a person with an eye injury, resulting in vision loss. II. An incorrect diagnosis of cancer on a biopsy (pathology) inspection, leading to unnecessary surgery. A. III only B. I only C. II only D. I, II, III 2. Margaret was forty-eight, obese, a cigarette smoker, and had a family history of coronary artery disease and diabetes. On February 10, 2009, Margaret arrived at the Brandywine Hospital emergency department. During Brandywine Hospital’s initial screening during triage, Margaret reported pain in the middle of her chest that radiated down both arms and her back, right side neck pain, and right-arm numbness. Margaret was seen first by Dr. Dan, who ordered the following tests: a complete blood count, a blood serum chemistry panel, chest x-rays, a computerized tomography scan (“CT”) of her chest, cardiac marker tests, and an electrocardiogram (“EKG”). The test results were normal with no indication that Margaret was having a cardiac event. Margaret’s pain was somewhat alleviated by two doses of nitroglycerin spray. Dr. Dan concluded that Margaret was suffering from “atypical chest pain” and ordered a second enzyme test to check for abnormal cardiac markers. Brandywine Hospital has a standard screening exam for chest-pain patients which was applicable to patients with the same or similar symptoms as Margaret. The guidelines provided for serial cardiac enzyme measurements, serial EKG testing, and cardiology consultation. Margaret did not receive serial enzyme tests, serial EKGs, a cardiology consultation, or a cardiac perfusion scan; because Dr. Dan did not consider them necessary in her case. Dr. Dan ordered Demerol for Margaret to treat her continuing pain, which lessened it. After the second set of cardiac markers were normal, Dr. Dan determined that Margaret could be discharged from the emergency department. The next day, Margaret died from hemopericardium with cardiac tamponade (fluid accumulated in the sac in which the heart is enclosed), which was due to the rupture of acute myocardial infarction due to ischemic heart disease.

Margaret’s heirs probably have a strong EMTALA claim against:

A. Brandywine Hospital

B. Dr. Dan

C. The triage screener

D. All of the above

E. None of the above: these facts do not clearly demonstrate a violation of either the screening or stabilization requirement.

2. The ______________ prohibits knowingly and willfully making payments either in return for patient referrals or to induce the purchasing or leasing of equipment or services paid for by federal programs.

A. Anti-Kickback Law

B. NLRA

C. False Claims Act

D. Stark Law E. HCQLA

3. Which of the following is NOT an example of medical malpractice?

A. A nurse develops a fever and cold after caring for sick patients without wearing a mask.

B. A confused patient falls out of the bed and breaks a leg because a physical therapist forgot to put the side rail up.

C. The doctor accidentally leaves a surgical instrument inside a patient leading to an infection in the body.

D. A bedbound patient in the nursing home develops a sore on her hip after being left on her back for several hours.

4. Consent granted by a person after the patient has received knowledge and understanding of potential risks and benefits is known as expressed or _____ consent.

A. Verbal

B. Written

C. Implied

D. Informed

5. Which of the following is NOT checked during a credentialing process?

A. Experience

B. Professional Training

C. Licensing

D. Education

E. All of these are checked

6. Which of the following is not a reason covered entities can use and disclose protected Health Information?

A. Education

B. Healthcare Operations

C. Treatment

D. Payment

7. Which of the following is NOT a covered entity responsible for HIPAA compliance?

A. Doctor

B. Health Insurer

C. Dentist

D. Police Officer

8. To prove medical malpractice, the plaintiff MUST establish that: I. The negligent person had a duty to the injured individual II. The negligent person's actions or lack of action was not something a prudent practitioner would have done III. Actual harm (injury) occurred

A. III only

B. I, II, III

C. I and II only

D. I and III only

9. When may doctors be EXEMPT from being completely truthful with their patients?

A. When the doctor really does not want to give bad news.

B. Doctors are almost never exempt from being completely truthful.

C. When the doctor feels like withholding the truth might help the patient be happier.

10. Which of the following is MOST likely an example of nursing malpractice?

A. The nurse administers the wrong medication to a patient and the patient vomits. This information is documented and reported to the physician and the nursing supervisor.

B. The nurse applies a hot water bottle or a heating pad to the abdomen of a patient with abdominal cramping.

C. The nurse assists a patient out of bed, but the patient slips and fractures his right humerus.

D. The nurse administers penicillin to a patient with a documented history of allergy to the drug. The patient experiences an allergic reaction and has cerebral damage resulting from anoxia.

11. Dr. S has a patient who has recently been diagnosed with myeloma and he is discussing treatment options with the patient. Dr. S is the full-time employee of an outpatient facility run by a managed-care plan and Dr. S has recently received written instructions not to bring up subjects such as bone marrow transplantation in myeloma with patients. The reasoning was that they are outrageously expensive and do not cure the disease, although it may extend survival. The data that they extend survival is not entirely conclusive. In addition, in a private meeting with the medical director, Dr. S has been told that the expenditures per patient load of care of each of the physicians would be examined yearly to determine which physician would be promoted. What should Dr. S do?

A. Fully inform Patients about the risks and benefits of bone marrow transplantation.

B. Give Patient treatment with melphalan or thalidomide which are both acceptable therapy.

C. Inform the Patient about bone marrow transplantation, only if he asks about it.

12. Medical coverage for the indigent; especially pregnant women and children.

A. Medicare

B. Medicaid

C. Medigap

D. Tricare

13. The _____ Person Rule asks, "What would other reasonable people have done in the same situation?"

A. Commendable

B. Average

C. Responsible

D. Prudent

14. The _____ means that the provider must make a reasonable effort to limit the disclosure of patient information to only the minimum amount that is necessary to accomplish the purpose of the request.

A. Privacy

B. HIPAA

C. TPO

D. Minimum Necessary Standard

15. The administration of a lethal agent by another person to a patient for the purpose of relieving intolerable and incurable suffering is called _____.

A. Lethal injections

B. Curative care

C. Euthanasia

D. Palliative care

16. Which of the following entities investigate fraud and abuse:

A. Department of Health and Human Services (DHHS).

B. Department of Justice (DOJ)

C. Office of Inspector General (OIG)

D. Medicare Fraud Units

E. All of the Above

17. The ________________ is a federal statute that establishes civil liability for any person who knowingly presents, or causes to be presented, a false or fraudulent claim to the U.S. government for payment.

A. ERISA

B. Anti-Kickback Statute

C. Sherman Act E. 501(c)(3)

D. False Claims Act

18. Examples of Health Care Fraud include:

A. Physician billing for services provided by interns and residents.

B. Billing for services not medically indicated or necessary.

C. Giving health care providers inducements in exchange for referrals.

D. Billing for services not rendered.

E. All of the above.

19. Lawsuits led by private individuals under the False Claims Act are referred to as________________ actions.

A. Whistleblower

B. Qui Tam

C. Relator

D. All of the above.

20. The Medicare Program:

A. Is federally-funded, not state-funded.

B. Is limited to services for poor people.

C. Covers only citizens aged 65 and older.

D. A & C

E. All of the above.

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Program is: (A2C) A. Is federally not state funded su Aus-20 Medicare Program is: Dederally -funded Covers only citizens agedans 18 call of the above Health care fraud is any deliberate I dishonest act committed with the knowledge that it could resul

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