Medical Law, Ethics, and Professionalism (MLEP) Module 3 and 4 Practice Exam

These questions are part of the practice quiz. Start practicing

• Which term describes the performance of a lawful act in an illegal or improper manner?
• How should clinicians disclose prognostic information while preserving hope?
• What is the recommended approach when a patient requests an unproven treatment?
• Terms of a contract are explicitly stated; most often in writing, describe an:
• Which term is used for a healthcare professional who temporarily fills in for another?
• Which statement about determining the standard of care for a procedure is true?
• How do public health laws such as vaccination mandates balance individual rights and community protection?
• When documenting consent, how should alternatives be addressed?
• Which branch of government is responsible for carrying out and enforcing laws and includes the president, vice president, the Cabinet, and executive departments?
• Which term describes a fund-based arrangement whereby insured individuals contribute to a fund to pay potential damages?
• Which term describes the performance of a totally wrongful and unlawful act?
• Which term describes sworn statements given under oath by witnesses in court or deposition?
• Which doctrine is described as 'the thing speaks for itself' and is used when no expert testimony is needed due to obvious negligence?
• Which term means law enacted by legislatures at the state or federal level?
• Without legal force or effect is
• The legal obligation of health care workers to patients is known as the:
• Which phase of court proceedings ends with the verdict following a trial?
• When a provider breaches duty of care to a patient, this is called
• The person who commits a civil wrong is called
• What is the purpose of professional accountability mechanisms such as licensure and peer review?
• What is deferred consent (broad consent) in emergency research, and what protections apply?
• What describes the duty to disclose medical errors and common barriers to disclosure?
• Which statement best describes truthful communication with patients when life expectancy is limited?
• Which term refers to sworn testimony given and recorded outside the courtroom during the pretrial phase?
• A plea is made for a case to be reviewed by a higher court and posttrial motions are filed
• What is essential when obtaining consent for telemedicine?
• Which term refers to state statutes allowing a deceased's beneficiaries to recover for lost future earnings when death was caused by negligence?
• Which term describes a supplement to a claims-made policy obtained from a new carrier when health care practitioners change carriers?
• Which type of liability insurance covers any claims arising from an incident that occurred or is alleged to have occurred during the policy period, regardless of when the claim is made?
• How do voluntariness and coercion differ in obtaining consent?
• What are the four malpractice elements and how does evidence of causation affect liability?
• What is the method in which a neutral third party listens to both sides and helps resolve a dispute without imposing a solution?
• Defenses used by defendants in medical professional liability suits that allow the accused to present factual evidence that the patient's condition was caused by some factor other than the defendant's negligence.
• Laws enacted by state or federal legislatures
• What is a proper process for reporting professional misconduct within a healthcare organization?
• What are mandatory reporting obligations for suspected child or elder abuse by physicians?
• Which term describes the release of the tortfeasor from further liability in a settlement?
• Which term refers to a legal document requiring appearance as a witness or deposition?
• What are the elements of negligence and malpractice in medical law?
• What term refers to defenses used in a lawsuit that are based on legal technicalities?
• The legal basis for informed consent, usually outlined in a state's medical practice acts, is the:
• What does the best interests standard require in pediatric decision-making when capacity is uncertain?
• How do privacy and public health considerations interact with physician confidentiality?
• An unintentional tort is alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances.
• How should clinicians respond to requests for non-evidence-based treatments driven by cultural or personal beliefs?
• How should clinicians handle conflicts of interest arising from gifts or funding from industry?
• In medical contexts, which form of consent is based on a patient's actions rather than explicit agreement?
• Which term describes the unwritten law developed in England primarily from judicial decisions based on custom and tradition?
• Which term describes the release of the tortfeasor from liability during a settlement?
• What is the term for state laws that protect helpers who stop to assist in emergencies from negligence charges?
• A contract formed by conduct rather than written or spoken words is known as what?
• Law passed by the U.S. Congress or state legislatures is called
• Permission from a person, either expressed or implied, for something to be done by another.
• In surrogate decision-making for an incapacitated patient, which approach should guide decisions?
• Which branch of government consists of the House of Representatives and the Senate and makes laws, including taxation and spending policies?
• If a policy-related bias is suspected in resource allocation, what is the appropriate action?
• Which action is part of the duties around reporting medical device or drug safety concerns?
• What is a typical consequence of proven research misconduct?
• Statements are sworn to under oath by witnesses testifying in court and giving depositions.
• Which term describes failure to act as a reasonable person would in similar circumstances?
• Which term denotes the phase of seeking review by a higher court?
• An affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree.
• Which term is used for disputes resolved outside court by neutral third parties?
• Failure of either party to comply with the terms of a legally valid contract.
• What special confidentiality considerations apply to genetic and genomic information?
• The statutory or written law that defines and regulates legal rights and obligations is
• Which of the following are the five essential elements of informed consent, including what is needed to make it legally valid?
• Which term covers damages awarded to punish the defendant?
• The government as the plaintiff in a criminal case.
• The level of performance expected in professional duties is called
• The body of law that defines and regulates rights and obligations, not focusing on procedural rules, is known as
• State legislation governing written contracts is known as
• Which of the following is NOT a component of decision-making capacity?
• That standard of behavior judges a person's actions in a situation according to what a reasonable person would or would not do under similar circumstances.
• Which statement best defines shared decision-making?
• Which term is a written court document issued to the defendant directing a response to the charges in a lawsuit?
• Settlement of civil disputes between parties using neutral mediators or arbitrators without going to court.
• What document requires the recipient to bring certain written records to court to be used as evidence in a lawsuit?
• In sharing genetic or genomic information, which principle governs disclosure?
• In pediatric decision-making, how is capacity determined?
• The person bringing charges in a lawsuit.
• Which term refers to the taking of steps to minimize danger, hazard, and liability?
• Law established through common law and legal precedent.
• Which term describes a legal strategy that focuses on procedural rules to end a case without addressing the merits?
• How should scarce resource allocation and triage decisions be made during a crisis?
• Which branch is responsible for carrying out and enforcing laws?
• Which term describes an insurance coverage option whereby insured subscribers contribute to a trust fund to be used in paying potential damage awards?
• The legal principle that a claim cannot be retried between the same parties if it has already been legally resolved is called what?
• A program of measures taken by health care providers to uphold the quality of patient care and is commonly abbreviated QA?
• Which doctrine makes an employer legally responsible for employees' acts performed within the scope of employment?
• What is the role of the patient-physician relationship in safe prescribing and avoiding overuse?
• Which term refers to the party who initiates legal action in a civil case?
• Which term describes a supplement to a claims-made policy purchased when changing carriers?
• A person under the age of majority who may consent to birth control or pregnancy-related care without parental consent is called what?
• Threatening to strike or harm with a weapon or physical movement, resulting in fear.
• Which term refers to court-ordered monetary awards for negligence injuries?
• A civil wrong caused by carelessness rather than intent is called
• Which term describes law derived from constitutional provisions at the federal and state levels?
• Which term describes the doctrine that allows the court to infer negligence without expert testimony because the facts alone establish negligence?
• What type of liability insurance covers the insured only for claims made during the policy period, not for injuries that occurred outside that period?
• Which term refers to court-ordered monetary awards given to patients for legally recognized injuries?
• How should clinicians handle gifts from industry to avoid bias?
• What is the power of a court to hear and decide a case called?
• What is the standard of care, and how is it established?
• Law that derives from federal and state constitutions.
• What is the recommended response when an adverse medical event or error occurs?
• The body of unwritten law developed in England largely from judicial decisions based on custom.
• Which term means the failure to act when one should?
• Which offense is punishable by death or imprisonment for more than one year?
• Unlawful restraint of a person, whether in prison or otherwise, is called:
• Which principle in medical ethics requires a patient to have sufficient information and understanding before making decisions about their medical care?
• Which statement about minors' decision-making is correct?
• What distinguishes palliative sedation from euthanasia or physician-assisted death?
• Which term is the unwritten law developed in England primarily from judicial decisions based on custom and tradition?
• How should consent and confidentiality be handled for minors seeking contraception or reproductive services?
• The person guilty of committing a tort is
• In consent processes, which statement about documenting cultural considerations is accurate?
• This form of consent arises from a patient's behavior indicating permission, such as extending an arm for a blood draw.
• Which document compels the production of documents or records for court?
• What does data minimization mean in cross-border data sharing?
• Which term denotes the legal principle that a claim cannot be retried after a final resolution?
• Which insurance coverage extends after a claims-made policy ends to cover claims alleged to have occurred during the policy period?
• A type of affirmative defense in which the person who comes to the aid of a victim in an emergency is not held liable under certain circumstances.
• Which term describes a patient who is unable to make decisions about medical treatment due to a disturbance in the functioning of the mind or brain?
• Which term refers to the law that governs the powers of the government and its relationship to individuals through the Constitution?
• Which term defines a crime punishable by a fine or by imprisonment in a facility other than a prison for less than one year?
• Which statement about truth-telling, nondisclosure, and therapeutic deception is accurate?
• What constitutes a professional boundaries violation, and why are sexual relationships with patients prohibited?
• How should incidental findings in genetic testing be handled in terms of disclosure?
• Which term describes the failure to act when one should?
• Decisions by judges that establish rules of law for future cases are known as what?
• A patient who cannot decide on medical treatment due to a disturbance of mind or brain
• What are typical requirements for data security and breach response in medical records?
• Which statement about professional boundaries is accurate?
• What should be documented regarding language or accessibility accommodations in consent?
• Which term refers to someone who has not reached the age of majority?
• In dispute resolution, which process involves a neutral third party who listens to both sides and helps them reach a voluntary agreement, without imposing a decision?
• Which option is NOT part of the duties around reporting medical device or drug safety concerns?
• During which phase are a jury selected, opening statements made, witnesses called, and a verdict reached?
• Which term describes a contract with explicit terms, often written?
• Which statement about impairment and capacity is most accurate?
• What term denotes a false statement or deceptive practice intended to injure another?
• Which term describes the contract formed by conduct rather than explicit words?
• Which statement accurately describes withholding vs withdrawing life-sustaining treatment?
• What principles govern medical research involving human subjects?
• Which doctrine describes intentionally or recklessly causing emotional distress to another?
• What principle should guide organ transplantation waitlist decisions?
• A contract provides coverage for potential damages incurred as a result of a negligent act. Which term describes this coverage?
• How should clinicians respond when hospital administration pressures conflict with patient preferences?
• What term refers to improper, illegal or negligent professional activity or treatment?
• Which term describes the decisions by judges that create rules for future cases?
• Which type of insurance covers claims arising from an incident that occurred during the policy period, regardless of when the claim is made?
• Which telemedicine practice best protects patient privacy?
• When language barriers exist, how should consent be obtained to ensure validity?
• A defense that claims innocence of the charges or that one or more of the four Ds of negligence are lacking.
• How should physicians disclose financial conflicts of interest with industry?
• Why is cultural competence important in obtaining informed consent?
• Why is documenting triage decisions during a crisis important?
• Unlawful restraint of a person is called
• Enabling statutes enacted to define powers and procedures when an agency is created.
• Under the emergency doctrine, when is consent not required, and what limits apply?
• caring, communication, competence, charting
• Which term means legally responsible or obligated?
• Which phrase describes the wrongful act of injuring another's reputation by making false statements?
• Which term denotes the power of a court to hear and decide a case?
• What term refers to a written set of questions requiring written answers from a plaintiff or defendant under oath?
• Damages awarded by the court to punish the defendant.
• Which term refers to dishonest practices aimed at depriving someone of their rights?
• Which term corresponds to the '4 D's of negligence' (duty, dereliction, damage, direct cause)?
• What protections exist for individuals who report professional misconduct within a healthcare organization?
• A method of settling disputes in which the opposing parties agree to abide by the decision of an arbitrator is
• Law that defines the rules used to enforce substantive law.
• Which term denotes a category of torts that includes intentional misconduct such as assault and battery?
• Which branch interprets laws and administers justice?
• What are professional obligations during a pandemic regarding duty to treat and risk to clinicians?
• How should researchers protect vulnerable populations such as children or cognitively impaired individuals in research?
• What are privacy considerations in health information exchanges and cross-border data sharing?
• A person living away from home and responsible for their own support is an:
• What is the duty to warn, and when might confidentiality be breached to protect third parties?
• In the trial process, which phase typically includes jury selection and opening statements?
• Which concept emphasizes care, communication, competence, and charting as preventative measures in medical practice?
• What term describes anyone under the age of majority?
• Acts that are not intended to cause harm but are committed unreasonably with a disregard of the consequences are
• Which defense indicates the plaintiff's own conduct contributed to the harm?
• Which term refers to state statutes that allow beneficiaries to recover for the estate's losses due to negligence?
• Which element is essential to informed consent in research?
• How is the appropriate standard of care determined for a procedure or treatment?
• Which term refers to interference with a person's right to be left alone?
• Which practice supports patient confidentiality in electronic health records?
• Which term describes the protection for those who provide emergency assistance from liability?
• Which term also describes a program aimed at maintaining or improving the quality of patient care and is sometimes used interchangeably with QA?
• Damages awarded to compensate for losses caused indirectly by a product defect.
• Which term best describes law made by courts and based on precedent?
• What are patient rights under data protection laws regarding access to their medical records?
• Which term describes a presidential rule that becomes law without congressional approval?
• Which term is a legal document requiring the recipient to appear as a witness in court or to give a deposition?
• Which term refers to law that involves crimes against the state?
• What is the role of an Institutional Review Board in medical research?
• How is decision-making capacity assessed in adults, and what factors indicate impairment?
• Which branch is primarily responsible for interpreting laws in the government system?
• Which term refers to a contract rule requiring writing to be enforceable?
• In a criminal case, what term describes the government as plaintiff?
• Which concept is defined as a voluntary agreement between two parties in which promises are made for consideration?
• In end-of-life care, what is the role of advance directives and surrogate decision-makers?
• What is needed to ensure transparency in organ transplantation waitlist criteria?
• Which practice is ethically appropriate for language barriers in informed consent?
• Which term is the overarching category of civil wrongs that includes assault and battery?
• The person against whom charges are brought in civil or criminal cases is called the
• The legal obligation of health care workers to patients and, sometimes, nonpatients is the
• In a team-based care setting, what is the appropriate principle for sharing patient information?
• Law that involves wrongful acts against persons.
• What are common safeguards for documentation of consent in the medical record?
• The person or party against whom criminal or civil charges are brought in a lawsuit is called the:
• Which branch is made up of the Supreme Court and other federal courts, and is charged with the interpretation of laws and the administration of justice?
• When is organ donation consent needed, and who may authorize donation?
• A rule or regulation issued by the president that becomes law without the prior approval of Congress is called an:
• A voluntary agreement between two parties in which specific promises are made for consideration.
• A legal defense that holds that the defendant is not guilty of a negligent act because the plaintiff knew of and accepted beforehand any risks involved.
• Which term refers to a physician temporarily filling in for another?
• Which term describes consent that is explicitly stated, such as signing a form?
• Which legal term denotes that a claim cannot be relitigated after it has been legally resolved between the same parties?
• Which law governs the relationship between a principal and his or her agent?
• Which term defines the period of time established by state law during which a lawsuit may be filed?