Chapter 2Review Quiz

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College of William & Mary *

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742

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Law

Date

Jan 9, 2024

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docx

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10

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Question 1 1 / 1 pts Which of the following four sources of law derives from the English common law and is also known as judge-made or case law? a. Constitutional law b. Statutory law Correct! c. Common law d. Administrative law Question 2 1 / 1 pts Which of the following sources of law is the highest law in the United States? Correct! a. US Constitution b. Laws of the 50 states c. Common law d. Administrative law Question 3 1 / 1 pts The party in a civil case that brings the action and has the burden of proof is the ____. Correct! a. plaintiff b. prosecutor c. defendant d. judge Question 4
1 / 1 pts The party who allegedly committed the wrongdoing is the _____. a. plaintiff b. prosecutor Correct! c. defendant d. judge Question 5 1 / 1 pts In what way(s) might a civil case be resolved? Settlement Judgment Dismissal Default judgment a. 1, 2, and 3 b. 2, 3, and 4 Correct! c. 1, 2, 3, and 4 d. 2 and 4 Question 6 1 / 1 pts A standard of care is a. what a group of physicians deems to be appropriate treatment. b. what a healthcare professional in a metropolitan setting would do. c. established primarily by accreditation standards. Correct!
d. what an individual is expected to do or not do in a given situation. Question 7 1 / 1 pts A reasonably prudent person is one who _____. a. Is polite Correct! b. Would or would not do something in a similar situation c. Is always correct d. Acts as most people would act in a given situation Question 8 0 / 1 pts The record custodian typically can testify about which of the following when a party in a legal proceeding is attempting to admit a health record as evidence? Identification of the record as the one subpoenaed The care provided The qualifications of the treating physician Policies and procedures relevant to creation and maintenance of a record a. 1 and 3 only b. 2 and 4 only You Answered c. 1 and 2 only Correct Answer d. 1 and 4 only Rationale: The record custodian cannot testify as to the type, nature or quality of care, which options 2 and 3 refer to (pp. 61–62).
Question 9 0 / 1 pts What is the implication regarding the confidentiality of incident reports in a legal proceeding when a staff member documents in the health record that an incident report was completed about a specific incident? You Answered a. There is no impact. b. The person making the entry in the health record may not be called as a witness in trial. Correct Answer c. The incident report likely becomes discoverable because it is mentioned in a discoverable document. d. The incident report cannot be discovered even though it is mentioned in a discoverable document Rationale: Unless specifically protected by law (generally a statute), incident reports tend to be discoverable. This is particularly true if the incident report is disseminated or its presence is made known in a discoverable document, as indicated by option c (pp. 68–69). Question 10 0 / 1 pts A legal hold _____. Correct Answer a. Is issued by a court You Answered b. Is initiated by an organization’s legal counsel c. Requires that the health record be submitted to the court d. Only occurs after the defendant is found liable Rationale: A legal hold is initiated by the court as a formal legal process, and options b, c, and d are incorrect statements (p. 64).
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