NHI Medical Law and Ethics 4 — Questions and Answers
Question 1: Which of the following is an example of nonfeasance?
- Performing the wrong procedure on a patient
- Failing to perform a required action that results in harm (Correct answer)
- Performing a procedure incorrectly
- Administering the wrong medication
Correct answer: Failing to perform a required action that results in harm
Nonfeasance is the failure to perform a required duty or act, which distinguishes it from misfeasance (improper performance) and malfeasance (wrongful act).
Question 2: The Good Samaritan Law is intended to protect:
- Hospitals from lawsuits during emergencies
- Healthcare providers who voluntarily assist in emergency situations outside their workplace (Correct answer)
- Patients who refuse emergency treatment
- Insurance companies from emergency claim denials
Correct answer: Healthcare providers who voluntarily assist in emergency situations outside their workplace
Good Samaritan laws protect off-duty healthcare workers who voluntarily provide emergency assistance from liability, encouraging people to help in emergencies.
Question 3: Which action could constitute medical battery?
- Diagnosing a patient incorrectly
- Performing a procedure the patient did not consent to (Correct answer)
- Failing to refer a patient to a specialist
- Billing for services not rendered
Correct answer: Performing a procedure the patient did not consent to
Medical battery occurs when a healthcare provider performs a procedure or touches a patient without their consent, regardless of whether harm results.
Question 4: The release of medical records to a patient's employer without patient authorization is:
- Permitted under HIPAA for occupational health purposes
- A violation of patient confidentiality (Correct answer)
- Required under OSHA regulations
- Acceptable if the employer pays for the care
Correct answer: A violation of patient confidentiality
Releasing PHI to an employer without patient authorization violates HIPAA confidentiality protections unless a specific exception applies.
Question 5: A breach of confidentiality is most likely permissible when:
- A patient's family member requests information
- A patient poses a credible threat of harm to an identifiable third party (Correct answer)
- An insurance company requests information for rate purposes
- A patient's employer needs documentation of an injury
Correct answer: A patient poses a credible threat of harm to an identifiable third party
The duty to warn (Tarasoff doctrine) may require breach of confidentiality when a patient poses a serious, credible threat to an identifiable person.
Question 6: In the context of medical ethics, paternalism refers to:
- A father's right to consent for minor children
- Overriding a patient's autonomy in the belief it is for their benefit (Correct answer)
- Equal treatment of all patients regardless of gender
- Prioritizing family decisions over patient wishes
Correct answer: Overriding a patient's autonomy in the belief it is for their benefit
Paternalism in healthcare is when providers make decisions for patients based on what they believe is best, overriding the patient's own preferences or autonomy.
Question 7: Which element is NOT required to prove medical negligence?
- Duty of care
- Intentional harm by the provider (Correct answer)
- Breach of duty
- Causation and damages
Correct answer: Intentional harm by the provider
Negligence requires duty, breach, causation, and damages — it does not require intent; intentional harm would constitute a different legal claim such as battery.
NHI Medical Law and Ethics 4
Which of the following is an example of nonfeasance?