1. An employer is vicariously liable for any tortious acts committed by their employee as long as it is:

A. Withintheemployersview C.underexpressauthority B. Withintheemployesscopeofemployment D.underimpliedauthority.

2.A patient insists on leaving the hospital, adn force is used to restrain them to keep them from leaving. A cause of action in a lawsuit may result in charges by the plaintiff of: careful, use a letter,not a number

1. 1)Emotional distress
2. 2)Negligence
3. 1and2
4. 3and4

3) battery

4) false imprisonment

C.2and4 E.noneoftheabove D.alloftheabove

3.Mitchell notices that there are charges that totaled $5,000 paid by his Medicare insurance for physical therapy services. Under HIPAA medicare fraud control, which program should Mitchell contact to file a complaint:

A. Thecontrolprogram C.Thebeneficiariesprogram B. Theintegrityprogram D.therecoveriesprogram

4.A hospital ethics comittee will work under an ethical theory called: A. Deontology C.consequential

B. Nonconsequential D.ethicalrelativism

5.Marty magic broke his arm and nose when he tripped on some loose ties in his hospital room. He is suing the hospital to pay for his lost wages and medical bills. There have been numerous accidents due to loose tile and some of the damages have been much more severe. Marty is asking for $1,200.00, but the jury is awarding him $5,000.00 due to the past accidents and the failure of the hospital to repair the tiles. This type of award to "punish" the defendant is called:

A. Compensatorydamages C.incarceration

B. Punitivedamages D.specificdamages

6.Plaintiff was injured while bungee jumping, the defense would claim: A. Contributorynegligence C.avoidableconsequences B. Assumptionoftherisk D.nofaultliability

7.Plaintiff was injured while bungee jumping, the defense would claim: A. Contributorynegligence C.avoidableconsequences B. Assumptionoftherisk D.nofaultliability

8.Defenses to defamation would include:

1)Truth

2)Conditional privilege

2) absolute privilege

3) assumptions of the risk

A. 1and3 B. 2and4

C. 1,2,and3 D.alloftheabove

9.Doctor BeeBee made an incorrect diagnosis of Mary Merry and is being sued for malpractice. She later went to doctor CeeCee who successfully treated her. Mary's delay in treatment resulted in loss of time at work. Which of the following required elements could be used as a defense for Doctor BeeBee.

A. Hedidn'thaveaduty

b. Hedidn'tbreachhisdutyorfall Below a standard of care

C.therewerenodamages D.Hewasnotthecauseofthe

delay in treatment

10.The standard of care required by a physician in a medical malpractice case is the damage of skill and care exercised by a physician in/with the:

A. Same community regardless of whether the defendantis aspecialist in that field.

B. Same amount of education and lives in the general area as the defendant.

C. Local teaching hospital as the defendant physician.

D. Same specialty( and preferably the same area),recognizing a movement towards a "nationwide" standard.

11.Doctor fumble has made a mistake in her diagnosis bynot ordering appropriate test on Ray Rey causing a worsening of his condition. His cause of action would come under:

A. Negligence C.assault

B. Battery D.emotional distress

12.The new federal law that provides for criminal and civil enforcement to fight the health care fraud and abuse.

A.Start amendment act C.peer review improvement

B. Health insurance portability and accountability act D.healthcare quality improvement act

and accountability act

13.In people v. smithtown general hospital the surgeon allowed a prosthetic salesperson to reinsert a hip prosthesis, but omitted it on the operative report. He was held liable under:

A. Fraud C.assault

B. Negligence D.falsification of records

14.if a patient does not cooperate which his physician by following all reasonable instructions, and this failure on the part of the patient results in injury or death, which one of the following is a defense to negligence (or can reduce damage award)

A. Contributory negligence C.statute of limitations B. Personalliability D.absoluteprivilege

15.In order to prove negligence, one of the four elements the plaintiff must show is that the neglect act:

A. Was intentional C.violated a published statue B. Was the result of the commonsense D.resulted ininjury

16.An adult, patient entered the ER with RLQ pain and was admitted as a patient. An appendectomy was successfully performed the following way, but the physician failed to obtain informed consent prior to the surgery. The patient wished to take legal action against the physician she would need a charge of:

A. Malpractice C.battery

B. Nochargescouldbefiled D.negligence

17.A foreseeable risk from the act of the defendant, conducts a __________ which may be by statute or contract.

A. Breach C.punitive damages B. Libel D.duty

18.Which of the following could be considered as a possible cause of negligence?

A. A pedestrian ignores a stranger who is the victim of a hit and run driver

B. A hospital patient suffers a broken hip when falling on a wet floor near his room.

C. A patient refuses to remain in the hospital, signs a release form"against medical

advice", and suffers a heart attack in the hospital parking lot.

D. Ahospitalrefusestoreleaseapatientuntilshehasarrangedformedicalinsuranceto

cover her medical expenses.

19.Bob is suing the construction company that failed to complete their contract. Bob will sue

under these laws that govern relationship between individuals.

A. Private law C.administrative law B. Criminal law D.precedent law

The doctrine Respondeat Superior would apply in which of the following circumstances? A. When a hospital medical technologistisnegligent,theattendingphysiciancanbeheld

liable.

B. When the attending physician is negligent, the hospital can be held liable.

1. C. When the hospital nurse is negligent, the director of___servicescanbeheldliable. D. When a hospital pharmacist is negligent, the______can be heldliable.

20. The formal reading of accusations to determine if there is enough evidence to establish "reasonable cause" to indict is called:

A. Anappeal C.deposition B. Arraignment D.summons

1. 21.One of the goals in litigation between parties is fairness. This body or philosophy of law

originated in england and was founded on custom, natural justice, precedent and reason and sanctioned by judicial decision.

A. Tort law C.public law

B. Common law D.administrative law