Question 1

1pts

In a medical malpractice lawsuit, the patient's pain and suffering are compensated under what category of civil damages?

Group of answer choices

A. Nominal

B. Economic

C. Non-economic

D. Punitive

E. Liquidated

Flag question: Question 2

Question 2

1pts

Under the U.S. federal system of government, individual states are not permitted to differ in the amount of punitive damages that a medical malpractice plaintiff may recover in a lawsuit.

Group of answer choices

True

False

Flag question: Question 3

Question 3

1pts

Courts in some states have invalidated legislation setting caps on damages in medical malpractice cases on which of the following legal grounds?

Group of answer choices

A. The state constitutional right to a jury trial

B. The federal constitutional right to just compensation for property taken

C. The local government's power of home rule

D. The state constitutional homestead exemption

E. The federal constitution's necessary and proper clause

Flag question: Question 4

Question 4

1pts

Scheduled or periodic payment of damages may be part of the settlement of a medical malpractice case when _________________________.

Group of answer choices

A. Either party agrees

B. A Special Master orders it

C. Never

D. The damages exceed $ 1 million

E. Both parties agree

Flag question: Question 5

Question 5

1pts

A "deems expedient" provision in a liability insurance contract has what effect?

Group of answer choices

A. None. Such provisions are unconstitutional.

B. None. Such provisions are void as against public policy.

C. It authorizes the insurer to terminate the policy at will.

D. It authorizes the insured health professional to unilaterally settle a malpractice claim.

E. It authorizes the insurer to unilaterally settle a malpractice claim.

Flag question: Question 6

Question 6

1pts

In underwriting a liability insurance policy for a physician, the insurer ordinarily looks most closely at what characteristics of that physician?

Group of answer choices

A. Number of malpractice suits and whether they were defended successfully

B. Number of malpractice suits and amount of damages paid

C. Number of years the physician has practiced and where educated

D. Gender, race, and English language skills

E. Location of practice and medical specialty

Flag question: Question 7

Question 7

1pts

Many states have legislatively modified or rescinded the Common Law Collateral Source rule in medical malpractice litigation for what reason?

Group of answer choices

A. States want to provide a financial incentive for defendants to be careless.

B. States want plaintiffs to receive double recovery from both the insurer and the plaintiff

C. States want to prevent subrogation of claims by the insurer

D. If a jury is aware that some of the plaintiff's losses are covered by insurance, the jury may return a smaller verdict, which in turn helps to contain the total financial costs of the medical liability system

E. No state has legislatively modified or rescinded the Common Law Collateral Source rule in medical malpractice litigation

Flag question: Question 8

Question 8

1pts

A small payment to settle a nuisance medical malpractice lawsuit does not need to be reported to the National Practitioner Data Bank when the health professional denies negligence.

Group of answer choices

True

False

Flag question: Question 9

Question 9

1pts

Under the Medicare Secondary Payment Act, who is the primary payer of medical bills for a Medicare-eligible patient who is injured as a result of a health provider's negligence?

Group of answer choices

A. The health provider's liability insurer

B. The federal government

C. The state government

D. The patient's family

E. Private philanthropy

Flag question: Question 10

Question 10

1pts

Under the Medicare, Medicaid, and SCHIP Extension Act (MMSEA), Responsible Reporting Entities (RREs) are primarily ___________________

Group of answer choices

A. Patients

B. Health care providers

C. Liability insurers

D. Government agencies

E. Court reporters