Medical Law and Ethics Flashcards
6 cards from real NCMA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Medical Law and Ethics flashcards as text
What is the legal doctrine of respondeat superior, and how does it apply to medical assistants?
Answer: It means the employer is legally responsible for the negligent acts of employees performed within the scope of their duties; medical assistants' errors may create liability for the supervising physician or practice
Respondeat superior ('let the master answer') holds employers vicariously liable for employees' negligent acts committed within their scope of employment, meaning a physician or medical practice can be sued for a medical assistant's mistakes.
What does HIPAA's Minimum Necessary Standard require of healthcare workers?
Answer: Accessing and disclosing only the minimum amount of patient health information needed to accomplish the intended purpose
The HIPAA Minimum Necessary Standard requires covered entities to make reasonable efforts to use, disclose, and request only the minimum amount of Protected Health Information (PHI) necessary for the specific purpose at hand.
A patient asks a medical assistant to change a note in their medical record that they believe is incorrect. What is the appropriate response?
Answer: Inform the patient of their right to request an amendment and provide the formal amendment request process; do not alter the original record
Under HIPAA, patients have the right to request amendments to their records; the covered entity may accept or deny the amendment, but the original record must never be altered without following the formal amendment procedure.
What is the difference between a living will and a durable power of attorney for healthcare?
Answer: A living will documents a patient's specific treatment wishes; a durable power of attorney for healthcare designates a person to make decisions if the patient cannot
A living will specifies which treatments a patient does or does not want in specific medical situations; a healthcare durable power of attorney (healthcare proxy) names an agent to make decisions for the incapacitated patient across any situation.
What constitutes patient abandonment in a medical practice?
Answer: A provider terminating the provider-patient relationship without adequate notice, without appropriate referral, while the patient still requires care
Patient abandonment is the unilateral termination of the provider-patient relationship by the provider without giving reasonable notice to allow the patient to find alternative care, while the patient still requires ongoing medical treatment.
What is the legal significance of a subpoena duces tecum as it relates to medical records?
Answer: It is a court order requiring production of specific documents (such as medical records) as evidence in legal proceedings
A subpoena duces tecum is a judicial order commanding a person or organization to produce specific documents or records for use as evidence; medical offices must comply without requiring the patient's separate authorization because compliance is legally mandated.