CMAA Medical Law and Ethics 2 — Questions and Answers
Question 1: Which legal doctrine holds physicians responsible for their employees' actions?
- Informed consent
- Respondeat superior (Correct answer)
- Statute of limitations
- Good Samaritan law
Correct answer: Respondeat superior
Respondeat superior holds employers vicariously liable for employees' negligent actions within employment scope.
Under respondeat superior, a physician or practice can be held responsible for employees' negligent acts performed within job duties. If a CMAA accidentally releases records to an unauthorized person, the employer may be liable. This motivates thorough training and adequate malpractice insurance.
Question 2: What is the primary purpose of informed consent?
- Protect the physician from all lawsuits
- Ensure the patient understands the procedure, risks, benefits, and alternatives (Correct answer)
- Verify insurance coverage
- Document medical history
Correct answer: Ensure the patient understands the procedure, risks, benefits, and alternatives
Informed consent ensures patients understand proposed treatment including risks, benefits, and alternatives for voluntary, knowledgeable decisions.
Valid consent requires competent patient, adequate information (procedure nature, benefits, risks, alternatives, consequences of refusal), and voluntary agreement. CMAAs manage consent documentation but consent must be obtained by the performing provider, not administrative staff.
Question 3: A CMAA discovers a coworker accessing records without a work-related reason. What should they do?
- Ignore it
- Confront the coworker directly
- Report to the privacy officer or practice manager (Correct answer)
- Access the same records to verify
Correct answer: Report to the privacy officer or practice manager
Unauthorized record access is a HIPAA violation that should be reported through proper compliance channels.
Record snooping is a common HIPAA violation. Report through established channels (Privacy Officer or manager) who can investigate using EHR audit trails. Ignoring makes you complicit. Confronting directly may not resolve it. Accessing the same records creates another violation.
Question 4: What does 'standard of care' mean in medical law?
- Maximum treatment level possible
- Care a reasonably competent provider would deliver under similar circumstances (Correct answer)
- Minimum staff requirements
- Insurance-approved treatment protocol
Correct answer: Care a reasonably competent provider would deliver under similar circumstances
Standard of care is the level a reasonably competent provider with similar training would deliver in similar circumstances.
Standard of care is the cornerstone of malpractice law, varying by specialty, location, and resources. CMAAs contribute by properly scheduling follow-ups, processing referrals, maintaining accurate records, and following office protocols.
Question 5: Which federal law prevents hospitals from turning away patients based on ability to pay?
- ACA
- EMTALA (Correct answer)
- HIPAA
- COBRA
Correct answer: EMTALA
EMTALA requires Medicare-participating hospitals with ERs to provide screening and stabilizing treatment regardless of ability to pay.
EMTALA requires medical screening examinations and stabilization for all ER patients. Violations result in fines up to $50,000, Medicare termination, and civil lawsuits. CMAAs in emergency settings must never delay treatment for insurance verification.
Question 6: What is the statute of limitations in medical malpractice?
- Maximum damages awarded
- Time period to file a malpractice lawsuit (Correct answer)
- Number of expert witnesses required
- Minimum physician experience years
Correct answer: Time period to file a malpractice lawsuit
The statute of limitations is the legal deadline for filing a malpractice lawsuit, varying by state from one to six years.
Statutes vary by state (1-6 years). Many states use a 'discovery rule' starting when the patient knew or should have known about injury. Special provisions exist for minors and foreign objects. Proper record retention is essential since records may be needed beyond this period.
CMAA Medical Law and Ethics 2
Which legal doctrine holds physicians responsible for their employees' actions?