HADM 6150 Midterm Exam with All Correct & 100%
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Are laws always ethical? What are some of the differences between ethics and law? Provide
examples. ✔Correct Answer-Laws are not always ethical. Ethics are the guiding principles behind
the creation of laws. Ethics differentiate what is "right" or "wrong" and they depend on a person's
conscience & self worth. Ethics come from within a person's moral sense.
Ex: Driving carefully within the speed limit because you don't want to hurt someone is ethical, but
driving slowly because a police is behind you suggests that you fear of breaking the law and being
punished for it.
Laws carry punishments. Punishments can break ethical standards (i.e. death penalty). Ethics and
laws are necessary to provide guidance and stability to people and society as a whole.
Compare and contrast civil law and criminal law. ✔Correct Answer-Civil:
- Crime against the person
- Damages: money, sometimes injunctive relief for real estate.
Criminal:
- Crime against the State
- Repercussions, crime and jail time.
- 98% level (reasonable doubt)
What are the purposes and benefits of law? ✔Correct Answer-Laws protect our general safety, and
ensure our rights as citizens against abuses by other people, by organizations, and by the
government itself. It is necessary to provide guidance and stability to people and society as a whole.
Also promotes commerce. Also Gives individuals the opportunity to redress grievances. Also
regulates behavior, and promotes society to act in a certain way.
What is the role of the Executive, Legislative and Judicial branches of government? ✔Correct
Answer-Legislative: Make law Executive: Enforce Law Judicial: Interpret law
What is a tort? What are the four elements of the tort of negligence? Define each one of them.
Provide an example. ✔Correct Answer-Tort: (Wrongful or twisted conduct)
1. Duty (expected behavior/what should have been done)
2. Breach of duty (How that was duty was broken)
3. Proximate cause (event related to injury/tort/whatever/how did the event harm you. )
4. Damages (Money, Lost wages, Lost services, pain and suffering (non-economic damages) Economic
limit of 500k limit unless loss of limb or life)
Punitive damages = punishment damages)
What is contributory negligence? Provide an example. What is comparative negligence? Provide an
example. In your estimation, would comparative negligence better serve the citizens of North
Carolina? Why or why not? ✔Correct Answer-- Contributory: If you're responsible for even 1% of
your damages, you can not claim any damages. (eg. not wearing seatbelt and being injured in an
accident)
- Comparative: if a plaintiff's total damages are $100,000, and the plaintiff is 25% at fault, the plaintiff
can recover $75,000 of the damages and will be responsible for $25,000. Even if the plaintiff is 99%
responsible for the accident, he or she can recover 1% of the damages.
, In NC we have Contributory negligence. An argument for this is that it attracts businesses to the
state.
What is rule (9)j? of the N.C. Rules of Civil Procedure? What is its significance? ✔Correct Answer-
Whenever you have a malpractice suit in the state of NC, you must have an expert in the same
specialty who has reviewed the record that a tort has been committed. This is to get rid of "frivolous"
lawsuits.
Define respondeat superior. Provide an example of it. Is this kind of liability fair? Why or why not?
✔Correct Answer-A master is responsible for the acts of their servant"
Modern day: Employer/Employee
Actions must have occurred within the scope of their employment
What is the difference between an Employee and an Independent Contractor? Provide an example.
✔Correct Answer-Employer can direct and control employee actions
If hiring independent contractor, you direct end result only
Define statute of limitations. In North Carolina - How long is it for a case of medical malpractice?
How long is it in the case of death? For a retained foreign body? For a child harmed during birth? Is
the statute of limitations fair? Why or why not? ✔Correct Answer-Statutes of limitations: Law says
you can't sue someone for medical malpractice forever.
3 years for medical malpractice / 2 years for death / 10 years for RFB
Kids, up until the child turns 10 years old, or above standard is longer. In NC there is mediation and
there is a settlement if it goes well. This happens in ⅔ of malpractice cases.
What does the term Res Ipsa Loquitur (also known as Res Ipsa) refer to? Provide an example of a Res
Ipsa Loquitur case. Is this fair? ✔Correct Answer-The occurrence of an accident implies negligence
(it speaks for itself).
- Catching your house on fire by putting metal in a microwave, then blaming the microwave
company, when your negligence is actually the problem. Another example is RFB.
What is EMTALA? What main policy goals does it ensure? What are some of EMTALA's flaws?
Strengths? Provide an example of it. ✔Correct Answer-The Emergency Medical Treatment and
Labor Act is a federal law that requires anyone coming to an emergency department to be stabilized
and treated, regardless of their insurance status or ability to pay. Enforced in hospitals that accept
Medicare/Medicaid as reimbursement - 99% of hospitals.
Under EMTALA what is a MSE? What is an EMC? When does EMTALA allow a patient to be
transferred? ✔Correct Answer-MSE: Medical screening examination / EMC: Emergency Medical
Condition (life, limb, body system or organ); patient can be transferred after stabilization
In North Carolina - upon what is the standard of care based? Is it the same / similar everywhere?
Why or why not? Is it fair that the standard of care is higher in some places but lower in other
places? ✔Correct Answer-- Standard of care is based on the hospital/location. Areas with more
money and qualified staff typically have a higher standard of care. *Similar communities test.
What ethical as well as legal principles support the doctrine of informed consent? ✔Correct
Answer-Informed Consent:
1. Risks
2. Benefits
Verified Answers |Actual Complete Exam| Already
Graded A+
Are laws always ethical? What are some of the differences between ethics and law? Provide
examples. ✔Correct Answer-Laws are not always ethical. Ethics are the guiding principles behind
the creation of laws. Ethics differentiate what is "right" or "wrong" and they depend on a person's
conscience & self worth. Ethics come from within a person's moral sense.
Ex: Driving carefully within the speed limit because you don't want to hurt someone is ethical, but
driving slowly because a police is behind you suggests that you fear of breaking the law and being
punished for it.
Laws carry punishments. Punishments can break ethical standards (i.e. death penalty). Ethics and
laws are necessary to provide guidance and stability to people and society as a whole.
Compare and contrast civil law and criminal law. ✔Correct Answer-Civil:
- Crime against the person
- Damages: money, sometimes injunctive relief for real estate.
Criminal:
- Crime against the State
- Repercussions, crime and jail time.
- 98% level (reasonable doubt)
What are the purposes and benefits of law? ✔Correct Answer-Laws protect our general safety, and
ensure our rights as citizens against abuses by other people, by organizations, and by the
government itself. It is necessary to provide guidance and stability to people and society as a whole.
Also promotes commerce. Also Gives individuals the opportunity to redress grievances. Also
regulates behavior, and promotes society to act in a certain way.
What is the role of the Executive, Legislative and Judicial branches of government? ✔Correct
Answer-Legislative: Make law Executive: Enforce Law Judicial: Interpret law
What is a tort? What are the four elements of the tort of negligence? Define each one of them.
Provide an example. ✔Correct Answer-Tort: (Wrongful or twisted conduct)
1. Duty (expected behavior/what should have been done)
2. Breach of duty (How that was duty was broken)
3. Proximate cause (event related to injury/tort/whatever/how did the event harm you. )
4. Damages (Money, Lost wages, Lost services, pain and suffering (non-economic damages) Economic
limit of 500k limit unless loss of limb or life)
Punitive damages = punishment damages)
What is contributory negligence? Provide an example. What is comparative negligence? Provide an
example. In your estimation, would comparative negligence better serve the citizens of North
Carolina? Why or why not? ✔Correct Answer-- Contributory: If you're responsible for even 1% of
your damages, you can not claim any damages. (eg. not wearing seatbelt and being injured in an
accident)
- Comparative: if a plaintiff's total damages are $100,000, and the plaintiff is 25% at fault, the plaintiff
can recover $75,000 of the damages and will be responsible for $25,000. Even if the plaintiff is 99%
responsible for the accident, he or she can recover 1% of the damages.
, In NC we have Contributory negligence. An argument for this is that it attracts businesses to the
state.
What is rule (9)j? of the N.C. Rules of Civil Procedure? What is its significance? ✔Correct Answer-
Whenever you have a malpractice suit in the state of NC, you must have an expert in the same
specialty who has reviewed the record that a tort has been committed. This is to get rid of "frivolous"
lawsuits.
Define respondeat superior. Provide an example of it. Is this kind of liability fair? Why or why not?
✔Correct Answer-A master is responsible for the acts of their servant"
Modern day: Employer/Employee
Actions must have occurred within the scope of their employment
What is the difference between an Employee and an Independent Contractor? Provide an example.
✔Correct Answer-Employer can direct and control employee actions
If hiring independent contractor, you direct end result only
Define statute of limitations. In North Carolina - How long is it for a case of medical malpractice?
How long is it in the case of death? For a retained foreign body? For a child harmed during birth? Is
the statute of limitations fair? Why or why not? ✔Correct Answer-Statutes of limitations: Law says
you can't sue someone for medical malpractice forever.
3 years for medical malpractice / 2 years for death / 10 years for RFB
Kids, up until the child turns 10 years old, or above standard is longer. In NC there is mediation and
there is a settlement if it goes well. This happens in ⅔ of malpractice cases.
What does the term Res Ipsa Loquitur (also known as Res Ipsa) refer to? Provide an example of a Res
Ipsa Loquitur case. Is this fair? ✔Correct Answer-The occurrence of an accident implies negligence
(it speaks for itself).
- Catching your house on fire by putting metal in a microwave, then blaming the microwave
company, when your negligence is actually the problem. Another example is RFB.
What is EMTALA? What main policy goals does it ensure? What are some of EMTALA's flaws?
Strengths? Provide an example of it. ✔Correct Answer-The Emergency Medical Treatment and
Labor Act is a federal law that requires anyone coming to an emergency department to be stabilized
and treated, regardless of their insurance status or ability to pay. Enforced in hospitals that accept
Medicare/Medicaid as reimbursement - 99% of hospitals.
Under EMTALA what is a MSE? What is an EMC? When does EMTALA allow a patient to be
transferred? ✔Correct Answer-MSE: Medical screening examination / EMC: Emergency Medical
Condition (life, limb, body system or organ); patient can be transferred after stabilization
In North Carolina - upon what is the standard of care based? Is it the same / similar everywhere?
Why or why not? Is it fair that the standard of care is higher in some places but lower in other
places? ✔Correct Answer-- Standard of care is based on the hospital/location. Areas with more
money and qualified staff typically have a higher standard of care. *Similar communities test.
What ethical as well as legal principles support the doctrine of informed consent? ✔Correct
Answer-Informed Consent:
1. Risks
2. Benefits
