QUESTION $1$

The Department of Health & Human Services $($DHHS$)\_\_\_\_\_.$

Is the main source of regulations that affect the health care industry

Develops and implements administrative regulations for carrying out national health and human services policy objectives

Both a and b

None of the above

$5$ points

QUESTION $2$

The Department of Labor $\_\_\_\_\_.$

Develops and promotes regulations affecting the welfare of wage earners

Fosters regulations that improve working conditions

Develops regulations that advance opportunity for profitable employment

All of the above

$5$ points

QUESTION $3$

Negligent torts involve $\_\_\_\_\_.$

Civil wrongs for which a plaintiff could recover damages

Intentional wrongdoings

Criminal wrongdoings

None of the above

$5$ points

QUESTION $4$

In a product liability case $\_\_\_\_\_.$

A manufacturer of a defective product is liable to a buyer but not third parties

A manufacturer, seller, or supplier of a defective product is liable to a buyer but not third parties

A manufacturer, seller, or supplier of a defective product is liable to a buyer and third parties

A manufacturer, but not a supplier, of a defective product, could be held liable

$5$ points

QUESTION $5$

A hospital that fails to provide a safe environment for patients and employees can be $\_\_\_\_\_.$

Found guilty of corporate negligence

Subject to having a receiver appointed to handle its affairs

Subject to disciplinary proceedings

All of the above

$5$ points

QUESTION $6$

The doctrine of respondeat superior applies to$\_\_\_\_\_.$

Hold employers liable for acts of their employees

Hold employees liable for acts of their employers

Hold employers liable for acts of independent contractors

Hold employees liable for acts independent contractors

$5$ points

QUESTION $7$

In a malpractice case, where the treating "physician" is found to have fraudulently obtained a state medical license by using the name of a deceased physician, the court would most likely rule $\_\_\_\_\_.$

The hospital is not liable since it could properly rely upon the state having issued the medical license

The hospital is liable since it breached its implied duty to select competent physicians

The hospital is not liable since it is the state that is in the best position to protect patients

The hospital is not liable since malpractice cases do not apply to "masquerading physicians"

$5$ points

QUESTION $8$

Physician monitoring is most effectively practiced through $\_\_\_\_\_.$

Review by the Department of Health

Review by independent civilian review committees

Peer review

Review by the courts

$5$ points

QUESTION $9$

The scope of practice for nurses is defined by $\_\_\_\_\_.$

Federal statute

State statute

national ethics guidelines

State ethics guidelines

$5$ points

QUESTION $10$

Nursing negligence means $\_\_\_\_\_.$

Failing to follow hospital procedure

Failing to follow national nursing procedure

Failing to follow established community nursing procedure

All of the above

$5$ points

QUESTION $11$

The following can be considered by the courts in finding the duty of hospital emergency departments $\_\_\_\_\_.$

Emergency Treatment and Active Labor Act

Federal and State regulations

Standards set by the Joint Commission of Accredition of Health Care Organizations

All of the above

$5$ points

QUESTION $12$

The following act forbids "dumping" patients out of emergency departments $\_\_\_\_\_.$

ERISA

HIPPA

OSHA

EMTALA

$5$ points

QUESTION $13$

Intentionally altering, falsifying, or destroying medical records $\_\_\_\_\_.$

Can result in punitive damages, but not compensatory damages

Can result in compensatory and punitive damages

Can result in criminal but not civil liability

Can result in civil but not criminal liability

$5$ points

QUESTION $14$

Exculpatory agreements are $\_\_\_\_\_.$

Generally considered valid in the medical setting

Generally considered invalid in the medical setting

Agreements that fail to disclose patient risks

Agreements that specify patient risks

$5$ points

QUESTION $15$

Where a patient who knows and understands the risks, refuses medical treatment, $\_\_\_\_\_.$

The physician can be subject to civil or criminal liability if the physician complies with the patient's wishes

The physician cannot be subject to civil or criminal liability if the physician complies with the patient's wishes

The physician can be subject to civil but not criminal liability if the physician complies with the patient's wishes

The physician cannot be subject to civil but could be subject to criminal liability if the physician complies with the patient's wishes

$5$ points

QUESTION $16$

A health care proxy differs from a living will in that

Proxies do not require a person know about, and consider, in advance, situations and decisions that could arise; living wills do require such knowledge

Proxies require a pers