actice and Other Lawsuits 165 STUDY QUESTIONS infor- out to e, the 1. Describe a situation that might place a medical assistant in the posi- tion of being negligent. ent to sent 2. Describe a situation that might cause a medical assistant to be charged with medical malpractice . filing 3. List the qualifications for an expert witness in a legal action involv- ing a medical assistant who w mine who works in a pediatrician's office. reat- 4. What is meant by the following: "Even if a doctor wins, he or she loses in a medical malpract malpractice lawsuit"? etter 5. What relationship is necessary between a physician and patient to establish duty of care for the physician? prac- 6. List the elements of a medical malpractice cause of action. ribu- and 7. A newly diagnosed cancer patient comes to your desk after being informed of two alt o alternatives for treatment, one involving surgery and the second involving chemotherapy. He asks your advice. How do ards you handle the situation? ered tec- 8. List, define, and give examples of the five defenses available to a defendant in a medical malpractice suit. the 9. An automobile accident occurs in front of your office. You hear the crash and go to the door to see what has happened. One of the pas- sengers in the car is walking around the street in a daze with blood ers, dripping from a facial laceration. What do you do? or a 10. Prepare a question for your employer to determine whether his or uses her malpractice insurance covers a medical assistant working in the vi- 1 or office. ies 11. An individual comes onto property owned by the medical office, is drunk, has been told to leave, but remains in the building. There is a floor board in the front hallway that everyone knew needed to be fixed, but nothing has been done about it. The individual falls when the board gives way and breaks his leg. What is the responsibility of the medical office? 12. While sitting in the waiting room of a medical office, a patient falls k- when the chair gives way under him. The man is a very heavy person he and chose to sit on a regular chair. There was a large chair available for him. The patient ends up in the hospital for observation and later en. he for pneumonia related to his inactivity. Who is responsible for the pneumonia? he 13. List equipment one might find in a medical office that could injure a patient and give rise to a product liability claim