COMLEX Medical Law Ethics Level 2
Questions With 100% Verified Answers
\Q\.What is respondeat superior or vicarious liability? - ANSWERS✔-it is when an employer is
responsible for the actions of their employees. Both terms essentially mean the same thing.
\Q\.what is res ipsa loquitur? - ANSWERS✔-it is when a physician acts negligently to lead to an
accident.
the thing speaks for itself
Example is if a physician prescribes the wrong medication leading to injury or leaves a scalpel
inside someone .
\Q\.What is contributory negligence? - ANSWERS✔-it is when a patient voluntary neglects to
follow advice leading to injury.
\Q\.What is the payment system known as capitation? What form of insurance is it seen in? -
ANSWERS✔-Capitation is when a patient is paid the same amount regardless of what kind of
services the patient needs. Think of it as the insurance putting a cap on the amount you can
make. It is seen in HMO
\Q\.How is the physicians mistake judged against? - ANSWERS✔-it's based on what a reasonably
prudent physician would exercise the same scenario under similar circumstances.
\Q\.in what case is a child considered emancipated? - ANSWERS✔-Emancipated minor
-married or military
,- living alone or homeless
- parent (16 yo mom)
- financially independent
- High school graduate
\Q\.when is it considered battery on a patient with a physician? - ANSWERS✔-intentional act
that leads to harm or offensive contact.
An example is when a physician goes in to remove a tumor and sees another one so he removes
it without the patient's permission.
\Q\.what is one requirement of negligence? - ANSWERS✔-it leads to injury
\Q\.If a patient asks you about your experience before you perform a procedure what must you
say? - ANSWERS✔-You must state your years of experience. You must fully answer every
patient's question regarding consent.
\Q\.If doctors are talking about a patient then when are they considered violating HIPAA? -
ANSWERS✔-If they mention the state then they are not in violation of the law. However, if they
mention the city then they are screwed.
\Q\.when is a patient found liable based on the strict liability of tort? - ANSWERS✔-it requires a
hazardous act.
\Q\.If a patient comes in to the ER with emergency symptoms and they request to be examined
or in need of care what must you do even if the insurance denies pay? - ANSWERS✔-if the
insurance denies pay and the patient has emergency symptoms then they are required to be
screened. If it turns out they have an emergency medical situation then you must treat them
until they can be transferred to another facility.
, This is EMTALA (emergency medical treatment and labor act)
\Q\.If you have a patient with an STD and you try to convince them to tell their partner and they
repeatedly refuse, what is it your duty to do? - ANSWERS✔-It is your duty to warn an
endangered third party if you try to convince someone that they should report their STD and
use protection and they refuse.
\Q\.what is paternalism, nonmalificence, due care? - ANSWERS✔-paternalism- ignores patient's
autonomy
nonmalificence- do no harm
due care- provide care to the patient.
\Q\.When does a doctors duty to exercise reasonable care to a 1st time patient arise? -
ANSWERS✔-It arises when the doctor actually provides medical treatment, even if the doctor
gives a treatment without physically contacting the patient.
\Q\.What agencies must be contacted in the case of child abuse? - ANSWERS✔-a doctor may
contact local law enforcement first before submitting a written report to child protective
services or department of children and family services.
\Q\.In what patient population is a physician required to report abuse? When is a doctor not
required to report abuse? - ANSWERS✔-They are required to report abuse of children and
elderly, even if the patients request nothing be said. If a spouse if being abused they are NOT
required to report it because the spouse may get beaten more.
Questions With 100% Verified Answers
\Q\.What is respondeat superior or vicarious liability? - ANSWERS✔-it is when an employer is
responsible for the actions of their employees. Both terms essentially mean the same thing.
\Q\.what is res ipsa loquitur? - ANSWERS✔-it is when a physician acts negligently to lead to an
accident.
the thing speaks for itself
Example is if a physician prescribes the wrong medication leading to injury or leaves a scalpel
inside someone .
\Q\.What is contributory negligence? - ANSWERS✔-it is when a patient voluntary neglects to
follow advice leading to injury.
\Q\.What is the payment system known as capitation? What form of insurance is it seen in? -
ANSWERS✔-Capitation is when a patient is paid the same amount regardless of what kind of
services the patient needs. Think of it as the insurance putting a cap on the amount you can
make. It is seen in HMO
\Q\.How is the physicians mistake judged against? - ANSWERS✔-it's based on what a reasonably
prudent physician would exercise the same scenario under similar circumstances.
\Q\.in what case is a child considered emancipated? - ANSWERS✔-Emancipated minor
-married or military
,- living alone or homeless
- parent (16 yo mom)
- financially independent
- High school graduate
\Q\.when is it considered battery on a patient with a physician? - ANSWERS✔-intentional act
that leads to harm or offensive contact.
An example is when a physician goes in to remove a tumor and sees another one so he removes
it without the patient's permission.
\Q\.what is one requirement of negligence? - ANSWERS✔-it leads to injury
\Q\.If a patient asks you about your experience before you perform a procedure what must you
say? - ANSWERS✔-You must state your years of experience. You must fully answer every
patient's question regarding consent.
\Q\.If doctors are talking about a patient then when are they considered violating HIPAA? -
ANSWERS✔-If they mention the state then they are not in violation of the law. However, if they
mention the city then they are screwed.
\Q\.when is a patient found liable based on the strict liability of tort? - ANSWERS✔-it requires a
hazardous act.
\Q\.If a patient comes in to the ER with emergency symptoms and they request to be examined
or in need of care what must you do even if the insurance denies pay? - ANSWERS✔-if the
insurance denies pay and the patient has emergency symptoms then they are required to be
screened. If it turns out they have an emergency medical situation then you must treat them
until they can be transferred to another facility.
, This is EMTALA (emergency medical treatment and labor act)
\Q\.If you have a patient with an STD and you try to convince them to tell their partner and they
repeatedly refuse, what is it your duty to do? - ANSWERS✔-It is your duty to warn an
endangered third party if you try to convince someone that they should report their STD and
use protection and they refuse.
\Q\.what is paternalism, nonmalificence, due care? - ANSWERS✔-paternalism- ignores patient's
autonomy
nonmalificence- do no harm
due care- provide care to the patient.
\Q\.When does a doctors duty to exercise reasonable care to a 1st time patient arise? -
ANSWERS✔-It arises when the doctor actually provides medical treatment, even if the doctor
gives a treatment without physically contacting the patient.
\Q\.What agencies must be contacted in the case of child abuse? - ANSWERS✔-a doctor may
contact local law enforcement first before submitting a written report to child protective
services or department of children and family services.
\Q\.In what patient population is a physician required to report abuse? When is a doctor not
required to report abuse? - ANSWERS✔-They are required to report abuse of children and
elderly, even if the patients request nothing be said. If a spouse if being abused they are NOT
required to report it because the spouse may get beaten more.
