HSS Midterm UPDATED ACTUAL Questions and CORRECT
Answers
1. Which element of malpractice refers to the existence C
of a physician-patient relationship?
A. Breach
B. Causation
C. Duty
D. Damages
E. Standard of proof
Which of the following is always required to establish a B
malpractice claim?
A. A bad outcome
B. A breach of duty
C. A criminal act
D. A hospital policy violation
E. A written consent form
A patient with a severe penicillin allergy is prescribed D
amoxicillin without documentation of allergy review.
The patient develops anaphylaxis. In a malpractice
claim, which element does this failure most directly
establish?
A. Duty
B. Causation
C. Damages
D. Breach
E. Standard of care
,A physician fails to order anticoagulation for a patient E
with new-onset atrial fibrillation. Two weeks later the
patient suffers an embolic stroke. The defense argues
the stroke would have occurred regardless of
anticoagulation. Which element is the defense directly
challenging?
A. Duty
B. Breach
C. Damages
D. Standard of care
E. Causation
A delayed diagnosis of compartment syndrome leads D
to permanent nerve damage and loss of hand function.
The patient incurs surgical costs, rehabilitation
expenses, lost income, and long-term disability. Which
malpractice element do these facts establish?
A. Duty
B. Breach
C. Causation
D. Damages
E. Standard of care
A 62-year-old man is discharged from the ED after a E
normal ECG and negative initial troponin. He returns 12
hours later with an anterior STEMI. In a malpractice
claim, which element is MOST likely to be contested by
the defense?
A. Damages
B. Duty
C. Breach
D. Standard of care
E. Causation
Which of the following is the best definition of 'standard C
of care' in a malpractice context?
A. What the patient expected the physician to do
B. What the physician personally prefers to do
C. What a reasonably prudent clinician in the same
specialty would do under similar circumstances
D. What the hospital's written policy states
E. What the plaintiff's expert recommends
A woman sues her OB/GYN after shoulder dystocia D
results in brachial plexus injury. Expert witnesses
disagree on appropriate traction force. Who makes the
final determination of whether the standard of care was
breached?
A. The judge
B. The plaintiff's expert
C. The defense expert
D. The jury
E. The hospital risk manager
, Which of the following correctly describes the B
sequence of roles in a malpractice trial?
A. Experts decide breach → judges decide causation
→ juries decide damages
B. Judges filter admissible experts → experts frame the
standard of care → juries decide whether the standard
was met
C. Juries select experts → experts testify → judges
render the verdict
D. Screening panels replace the jury in all Kansas
malpractice cases
E. Judges determine breach and causation; juries
determine damages only
Under Daubert v. Merrell Dow Pharmaceuticals (1993) C
and Federal Rule of Evidence 702, what is the judge's
role in evaluating expert testimony?
A. Determining whether the expert's conclusion is
medically correct
B. Deciding whether breach of duty occurred based on
the expert's opinion
C. Evaluating whether the expert's methodology is
grounded in reliable scientific principles
D. Ruling on whether the expert's testimony is
consistent with the plaintiff's narrative
E. Assessing whether the expert has sufficient years of
clinical experience
A Kansas malpractice case is reviewed by an expert B
screening panel before trial. Which of the following
correctly describes the panel's composition?
A. Three neutral physicians and a judge
B. One physician selected by each party, one neutral
physician, and a non-voting attorney chair
C. Two defense physicians and one plaintiff-selected
physician
D. The hospital's quality improvement committee and an
independent attorney
E. A panel of six jurors and one medical expert
A plaintiff's expert testifies that the defendant 'should C
have known' a complication would occur based on the
patient's presentation. The defense argues this reflects
hindsight bias. Which of the following best describes
hindsight bias in expert testimony?
A. The expert overstates the plaintiff's damages after
reviewing the outcome
B. The expert applies a standard of care from a different
specialty
C. The expert evaluates a real-time decision knowing
the outcome, making the complication appear more
predictable than it was
D. The expert is paid by the plaintiff, creating a conflict
of interest
E. The expert simplifies complex physiology to
persuade the jury
Answers
1. Which element of malpractice refers to the existence C
of a physician-patient relationship?
A. Breach
B. Causation
C. Duty
D. Damages
E. Standard of proof
Which of the following is always required to establish a B
malpractice claim?
A. A bad outcome
B. A breach of duty
C. A criminal act
D. A hospital policy violation
E. A written consent form
A patient with a severe penicillin allergy is prescribed D
amoxicillin without documentation of allergy review.
The patient develops anaphylaxis. In a malpractice
claim, which element does this failure most directly
establish?
A. Duty
B. Causation
C. Damages
D. Breach
E. Standard of care
,A physician fails to order anticoagulation for a patient E
with new-onset atrial fibrillation. Two weeks later the
patient suffers an embolic stroke. The defense argues
the stroke would have occurred regardless of
anticoagulation. Which element is the defense directly
challenging?
A. Duty
B. Breach
C. Damages
D. Standard of care
E. Causation
A delayed diagnosis of compartment syndrome leads D
to permanent nerve damage and loss of hand function.
The patient incurs surgical costs, rehabilitation
expenses, lost income, and long-term disability. Which
malpractice element do these facts establish?
A. Duty
B. Breach
C. Causation
D. Damages
E. Standard of care
A 62-year-old man is discharged from the ED after a E
normal ECG and negative initial troponin. He returns 12
hours later with an anterior STEMI. In a malpractice
claim, which element is MOST likely to be contested by
the defense?
A. Damages
B. Duty
C. Breach
D. Standard of care
E. Causation
Which of the following is the best definition of 'standard C
of care' in a malpractice context?
A. What the patient expected the physician to do
B. What the physician personally prefers to do
C. What a reasonably prudent clinician in the same
specialty would do under similar circumstances
D. What the hospital's written policy states
E. What the plaintiff's expert recommends
A woman sues her OB/GYN after shoulder dystocia D
results in brachial plexus injury. Expert witnesses
disagree on appropriate traction force. Who makes the
final determination of whether the standard of care was
breached?
A. The judge
B. The plaintiff's expert
C. The defense expert
D. The jury
E. The hospital risk manager
, Which of the following correctly describes the B
sequence of roles in a malpractice trial?
A. Experts decide breach → judges decide causation
→ juries decide damages
B. Judges filter admissible experts → experts frame the
standard of care → juries decide whether the standard
was met
C. Juries select experts → experts testify → judges
render the verdict
D. Screening panels replace the jury in all Kansas
malpractice cases
E. Judges determine breach and causation; juries
determine damages only
Under Daubert v. Merrell Dow Pharmaceuticals (1993) C
and Federal Rule of Evidence 702, what is the judge's
role in evaluating expert testimony?
A. Determining whether the expert's conclusion is
medically correct
B. Deciding whether breach of duty occurred based on
the expert's opinion
C. Evaluating whether the expert's methodology is
grounded in reliable scientific principles
D. Ruling on whether the expert's testimony is
consistent with the plaintiff's narrative
E. Assessing whether the expert has sufficient years of
clinical experience
A Kansas malpractice case is reviewed by an expert B
screening panel before trial. Which of the following
correctly describes the panel's composition?
A. Three neutral physicians and a judge
B. One physician selected by each party, one neutral
physician, and a non-voting attorney chair
C. Two defense physicians and one plaintiff-selected
physician
D. The hospital's quality improvement committee and an
independent attorney
E. A panel of six jurors and one medical expert
A plaintiff's expert testifies that the defendant 'should C
have known' a complication would occur based on the
patient's presentation. The defense argues this reflects
hindsight bias. Which of the following best describes
hindsight bias in expert testimony?
A. The expert overstates the plaintiff's damages after
reviewing the outcome
B. The expert applies a standard of care from a different
specialty
C. The expert evaluates a real-time decision knowing
the outcome, making the complication appear more
predictable than it was
D. The expert is paid by the plaintiff, creating a conflict
of interest
E. The expert simplifies complex physiology to
persuade the jury
