JKO Medical Liability — I Hate CBT's

Claimants Mr. and Mrs. Brown filed suit against Dr. Smith for allegedly negligently injuring their son, Brian, during his birth at a US hospital in Italy. The suit proceeded under the FTCA and was dismissed. Why?

A: Dr. Smith was performing an activity that was not included under his scope of employment.

B: The FTCA does not cover individuals for criminal activity, such as assault and battery.

C: The FTCA does not apply in cases where the injury was sustained abroad.

D: All of the above

A general physician was sued for negligence bc he failed to administer a pregnancy test to a 14 year old girl, presenting with symptoms of dizziness, nausea, and a missed menstrual periods. In this case, whose expert testimony can establish the standard of care?

A: General physician
B: Obstetrician
C: Internist
D: All of the above

While conducting exercises in the Mediterranean aboard the USS American Eagle, a Marine accidentally shot an Ensign in the foot. This incident involved non-combatant activities and was caused by naval personnel acting within the scope of their employment. Which act would apply to the circumstances of this case?

A: Military Claims Act
B: Feres Doctrine
C: Gonzalez Act
D: None of the above

Before making a claim under the Federal Tort Claims Act, the claimant must have exhausted all available administrative remedies. How many months does the agency have to take action once the claim has been presented?

A: Twelve months
B: One month
C: Six months
D: Three months

not D

Dr. Jones has recently been named in a malpractice suit. He consults with hospital lawyers and is upset by the false claims of negligence. The patient claims that Dr. Jones, a family physician, performed an inappropriate surgical procedure (e.g., excision of a mole on the patient's back) that resulted in significant pain and scarring, when he should have given a referral to a general and/or plastic surgeon. Of the following, which factor is relevant in establishing the standard of care in this case?

A: The Reasonable Physician
B: Locality Rule
C: Justifiable Circumstances
D: The School Rule

True or False: Duty to exercise reasonable care is one of the elements required to show legal proof of medical negligence.

True or False: It isn't necessary for an expert witnesses brought into a negligence case to be practicing in the same specialty or even following the same school of medicine, as long as he or she can demonstrate familiarity with the standard of care.

True or False: The "get even" or revenge factor is a strong, underlying theme in many negligence suits.

The comparison of care provided by healthcare practitioners in the same general line of practice is known as the:

A: Locality rule

B: National standards rule

C: School rule

D: Reasonable physician rule

not B

A 21-year-old woman was 34 weeks pregnant and diagnosed with placenta previa. This condition usually requires a C-section as the placenta is overlying the cervix. Dr. Smith has followed the patient. The patient calls the clinic, stating that she thinks she is having contractions and that she would like to talk to Dr. Smith or another doctor. The nurse at the clinic tells her that a doctor is not available but that she should drink some water and that a doctor will call her back. After six hours (and no call-back from the clinic), the patient comes into the hospital and is nearly fully dilated. Dr. Jones delivers the baby vaginally, however the patient has a massive hemorrhage and goes into shock. The doctor attempts to treat the woman who is now in great danger. The patient does not respond and the code team is finally called. Despite the code team's best effort, the patient dies. The baby survives but has a number of complications. A few weeks later, the patient's family files a malpractice claim. Of the below, what basic problem underlies this case?

A: Lack of adequate informed consent of the risk of different treatment options or possibilities

B: Decentralized and fragmented health system

C: Lack of an environment and culture of patient safety

D: Absence of a good monitoring system for high-risk patients

A 60-year-old gentleman is brought into the emergency room with complaints of abdominal distension and discomfort. He looks quite ill and is unable to provide a history due to increasing drowsiness. The nurse caring for him at the nursing home informs the ER physician, Dr. Ross, that the patient has not urinated in the last four days. Dr. Ross initially orders a foley catheter and some blood work. The patient is admitted for acute renal failure and is taken up to the ward. A few days later, the patient suffers a myocardial infarction and sadly, passes away. Of the following, what should be the first thing that Dr. Ross should do after the adverse outcome?

A: Disclose outcome to spouse/next of kin

B: File an incident report

C: Inform the risk management office

D: Call the JAG office

not D

How or by whom is the standard of care determined?

A: How other practitioners would have managed care under similar circumstances

B: By the Joint Commission

C: By each professional society

D: By the Quality Assurance Committee

not B

When communicating with the patient after a procedure is performed, a healthcare provider should:

A: Inform the patient about the likelihood of achieving goals

B: Discuss the reasonable alternatives

C: Provide information that is objective, factual, and complete

D: Address possible results of not receiving care, treatment, and services

not A
not D

What is one of the greatest sources of medical errors?

A: Inexperienced staff

B: Lack of staff

C: Decentralized and fragmented healthcare system

D: Lack of a team approach

A patient discovered that a surgical needle had been left in her abdomen during a procedure that took place 25 years earlier. What are the patient's options for receiving compensation for this negligent act?

A: She cannot seek damages because the needle did not cause any injury or treatment complication for 25 years

B: She can sue for damages because the statute of limitations continues until the claimant has all the information necessary to discover the injury and its probable cause

C: She cannot sue for damages because the surgeon who performed the procedure 25 years ago is no longer working at the same hospital

D: She cannot seek damages because the statute of limitations on this case expired two years after the procedure

Medical records are easily obtained by the claimant's attorney and are usually among the first pieces of evidence used to determine negligence. Which of the following elements do lawyers consider when evaluating the merits of a case based on corrections made to the record?

A: Authenticated entries
B: Completeness of record
C: Organization of record
D: Credibility of record

A general physician was sued for negligence because he failed to administer a pregnancy test to a 14-year-old girl, presenting with symptoms of dizziness, nausea, and missed menstrual periods. In this case, whose expert testimony is not needed to establish the standard of care?

Internist
Healthcare organization Commander
General physician
Obstetrician

Which of the following is a true statement?

A: The Westfall Act delineates laws and regulations that address medical liability in the military

B: The Feres doctrine states that military personnel cannot sue the federal government for injury or death resulting from military service

C: The Federal Tort Claims Act applies only to military personnel

D: The Military Claims Act allows for claims against the military or its civilian employees who operate outside of the scope of employment

While conducting live-fire exercises at Fort Swampee, Sergeant Snow was accidentally shot in the foot. This incident involved non-combatant activities and was caused by Army personnel acting within the scope of their employment. Which act would apply to the circumstances of this case?

A: Medical Claims Act (MCA)

B: Federal Tort Claims Act Federal Tort Claims Act (FTCA)

C: Feres Doctrine

D: Gonzalez (Medical Malpractice Immunity Act)

A highly effective tool for managing patient expectations is:

A: Expert testimony
B: Informed consent
C: Communication
D: Risk management

Physicians who fail to meet the standard of reasonable care have committed a:

A: Breach of duty
B: Malfeasance
C: Misfeasance
D: Nonfeasance

not B

Mr. Patterson consults with a medical malpractice lawyer following an injury suffered while undergoing a biopsy procedure. He wants to know whether he has a "winning case" against his physician for negligence. The lawyer informs him that to be successful in a negligence case, it must include proof of four key elements: Breach of duty, causation, damages and:

A: Standard of care
B: Malfeasance
C: Negligence per se
D: Duty to exercise reasonable care

A young malpractice lawyer is taking on her first negligence case. To be successful, she needs to prove the standard of care and demonstrate that the physician's conduct failed to meet the standard. She reviews the details of the case and begins to strategize legal ways to prove negligence, which include:

A: Justifiable circumstances
B: Malicious intent
C: Lack of duty of care rule
D: Res ipsa loquitur ("the thing speaks for itself")