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Original Question

1. Carl Simon, a pharmacy technician, fills a prescription for Coumadin, a bloodthining agent, for Beth White. He hands Beth the prescription without giving her any instructions. Beth has been taking large doses of aspirin for arthritis. The aspirin and Coumadin cause excessive bleeding when Beth takes them together. What is the legal term to describe a potential liability that Carl may have committed? a. malfeasance b. misfeasance c. nonfeasance d. arbitration e. standard of proof 2. Emily King mistakenly administers syrup of ipecac, which causes vomiting, instead of syrup of cola, which soothes the stomach lining, to Jacob Freeman. Jacob immediately begins to vomit. Which term could be used to describe Emily’s action? a. res judicata b. res ipsa loquitur c. nonfeasance d. misfeasance e. rider 3. Which of the four Ds is violated when a physician fails to inform the patient about the risks of not receiving treatment? a. Duty b. Dereliction c. Direct cause d. Damages e. None of the above is correct 4. A phlebotomist draws blood from Sam Ford’s right arm. Sam experiences pain and numbness in that arm immediately after the blood is drawn. This is an example of what legal doctrine? a. Duty b. Feasance c. Res judicata d. Proximate cause e. Rider 5. Allan Walker continues to smoke after his physician warns him that smoking carries the risk of lung cancer. His physician documents this admonition in Allan’s medical record. When Allan develops lung cancer, he sues his doctor for malpractice. Allan states that he did not know about the risk of continued smoking. What malpractice defense might apply in this case? a. Denial b. Assumption of risk c. Contributory negligence d. Borrowed servant e. b and c both apply 6. Once the court has decided a case and the appeals process is over, there can be no new lawsuit on the same subject between the same two parties. This is referred to as a. Statute of limitations b. Res ipsa loquitur c. Res judicata d. Contributory negligence e. Comparative negligence 7. To cover their employees, some physicians carry additional insurance that is added onto the physician’s liability insurance. This is called a a. liability. b. rider. c. tort. d. cap. e. standard of proof. 8. In a medical office, the list of agents for the physician includes the a. nurse, medical assistant, and LPN. b. technicians. c. cleaning staff. d. a and b only. e. a, b, and c. 9. The doctrine of respondeat superior does not apply between the physician and the a. nurse. b. medical assistant. c. phlebotomist. d. pharmacist. e. physical therapist. 10. Using a third person to help settle a dispute in a nonbinding decision is called a. mediation. b. arbitration. c. malpractice lawsuit. d. civil lawsuit. e. none of the above. DISCUSSION CASE Jessica Mass, a phlebotomist, drew a blood sample from Glenn Ross, a 30-year-old patient of Dr. Williams, to test for AIDS. As Glenn was leaving the office, his friend Harry came in and they greeted each other. Jessica took Harry into an exam room, and in the course of making conversation, he told her that he was a good friend of Glenn’s. He asked Jessica why Glenn was seeing the doctor. Jessica responded that it was just for a routine test for AIDS. When Harry arrived back home, he called Glenn and told him what the phlebotomist had said. Glenn called Dr. Williams and complained about Jessica’s action and said that he planned to sue Dr. Williams. Dr. Williams dismissed Jessica. Dr. Williams told Jessica that if Glenn did bring a lawsuit against her and she lost, then she would sue Jessica. a. What should Jessica have done when Harry asked about Glenn’s reason for being in the office? b. Did Dr. Williams have a legal right to sue Jessica if she (the doctor) was sued and lost. c. What important right did Jessica violate? Jessica violated the important right the patient has to expect confidentiality.

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