NCCT Prep Law and Ethics

Invasion of privacy refers to the act of violating someone's right to keep their personal information, such as their name, photograph, or private affairs, confidential and not made public without their consent. This can include unauthorized disclosure of personal information, intrusion into someone's personal space or private matters, and publicizing someone's private details without their permission. False imprisonment refers to the unlawful confinement of a person, malpractice refers to negligence or improper conduct by a professional, and a statute is a law or legislation.

The final decision of a court in an action or suit is called a judgment. This is the ruling or decision made by the judge or jury after considering all the evidence and arguments presented in the case. A judgment determines the rights and obligations of the parties involved and concludes the legal proceedings. It is the final resolution of the dispute and may include orders for damages, injunctions, or other remedies depending on the nature of the case.

An emancipated minor refers to a person who is no longer under the care, custody, or supervision of a parent. This typically occurs when a minor is legally granted independence and is considered an adult in terms of their rights and responsibilities. Therefore, an emancipated minor is the correct answer in this context.

A physician must have a narcotic license in order to dispense, prescribe, or administer controlled substances. This license allows them to handle and distribute medications that are classified as narcotics, which are drugs that have a high potential for abuse and addiction. It ensures that physicians are knowledgeable and qualified to handle these substances safely and responsibly, while also monitoring their use to prevent misuse or diversion.

A will is a legal statement that outlines how an individual's property should be distributed after their death. It is a document that allows a person to specify their wishes regarding the distribution of their assets, including money, property, and personal belongings. A will is an important legal document that ensures that a person's estate is distributed according to their wishes and can help avoid disputes among family members or other beneficiaries.

Consent refers to the permission given by an individual willingly and in a sound state of mind. It implies that the person has agreed to something willingly, without any coercion or force. In legal terms, consent is often required in various situations such as medical procedures, contracts, or sexual activities, where the voluntary agreement of all parties involved is necessary. It is an important concept in determining the legality and ethicality of certain actions.

A major crime for which greater punishment is imposed other than a misdemeanor is a felony. Felonies are serious offenses that typically involve violence or significant harm to others, and they are punishable by imprisonment for more than one year or even death in some cases. This category of crime is considered more severe than misdemeanors, which are less serious offenses. Felonies often include crimes such as murder, rape, robbery, and burglary.

A rule of conduct made by a government body is referred to as law. Laws are regulations established by a governing authority to maintain order, enforce justice, and protect the rights and well-being of individuals within a society. They are binding and enforceable, and failure to comply with them may result in legal consequences. Laws cover various aspects of human behavior and are designed to ensure fairness, promote social harmony, and provide a framework for resolving disputes and maintaining order in society.

To interrupt or discontinue a suit temporarily with the intention of resuming it at a later date, or to ask for a continuance, is referred to as "suspension". This term is commonly used in legal proceedings when a case is put on hold or postponed for various reasons, such as the need for additional evidence or the unavailability of key individuals involved. It allows for flexibility in the legal process and ensures that justice is served effectively.

Empathy refers to the ability to understand and share the feelings of others. It involves putting oneself in someone else's shoes and seeing things from their perspective. This skill allows individuals to connect with others on a deeper level, fostering understanding, compassion, and effective communication. It is an important quality in building relationships, resolving conflicts, and promoting empathy and kindness in society.

Defamation refers to the act of harming someone's name and reputation by spreading false statements to a third party. It involves making false claims about someone that can negatively impact their public image and cause harm to their personal and professional life. This can include both written (libel) and spoken (slander) statements. Defamation is a legal offense and can result in civil lawsuits and damages awarded to the victim.

Forgery is the correct answer because it refers to the act of creating or imitating a signature, document, or object with the intention to deceive or defraud. It involves the unauthorized reproduction or alteration of a signature, often for financial gain or to commit fraud. Endorsement, fraud, and forbearance are not specific terms for fraudulent signatures.

HIPAA, which stands for the Health Insurance Portability and Accountability Act, is a federal regulation that requires healthcare professionals to protect the privacy and confidentiality of patients' health information. This law ensures that patients' personal health information is kept secure and confidential, and that healthcare providers take necessary measures to prevent unauthorized access or disclosure of this information. HIPAA also gives patients certain rights and control over their health information, including the ability to access and amend their records, and to know how their information is being used and shared.

Ethics refers to the principles and values that guide individuals in determining right from wrong conduct. It involves making moral judgments and decisions based on fairness, honesty, and respect for others. Empathy, criminal law, and licensure are not synonymous with the concept of right and wrong conduct. Empathy is the ability to understand and share the feelings of others, criminal law refers to the legal system that deals with crimes, and licensure refers to the granting of a license or permission to practice a certain profession.

Assault is the correct answer because it refers to an unlawful threat or attempt to do bodily injury to another person. It involves the intention to cause harm or instill fear in someone through physical force or violence. Assault is a criminal offense and can lead to legal consequences. Litigation, crime, and libel are not directly related to bodily injury or physical threats, making them incorrect choices for this question.

False imprisonment refers to the act of unlawfully restraining or confining a person against their will, without their consent or legal justification. It is considered a crime and a violation of an individual's rights. This can include physical restraints, such as locking someone in a room, as well as psychological restraints, such as threats or intimidation. False imprisonment can result in legal consequences for the person responsible for the act.

Malpractice refers to the negligence or misconduct by a professional person, such as a doctor, lawyer, or accountant, in the course of their professional duties. It involves a breach of the standard of care expected from them, resulting in harm or injury to a client or patient. This term is commonly used in the context of medical malpractice, where a healthcare professional fails to provide the appropriate standard of care, leading to harm or injury to a patient.

An act that violates criminal law is called a crime. Criminal law encompasses a set of rules and regulations that define illegal activities and prescribe punishments for those who commit them. Crimes can range from minor offenses such as theft or vandalism to more serious offenses such as murder or robbery. The term "crime" is a broad and general term used to describe any act that is considered illegal and punishable under the law.

Incompetence refers to the lack of physical or mental fitness. It means not having the necessary skills, knowledge, or abilities to perform a task or job effectively. This term is commonly used to describe someone who is unable to meet the required standards or expectations due to their lack of competence. It can apply to various areas such as work, sports, or any other activity where proficiency is required.

The correct answer is "non compos mentis". This Latin term is used to describe a person who is not of sound mind or mentally incompetent. It is often used in legal contexts to determine a person's capacity to make decisions or be held accountable for their actions.

Bioethics is the branch of study that deals with moral issues, questions, and problems that arise in the practice of medicine and in biomedical research. It involves examining the ethical implications of medical decisions, research practices, and policies. Bioethics helps to guide healthcare professionals, researchers, and policymakers in making morally sound choices and ensuring the well-being and autonomy of patients. It combines principles from various fields such as medicine, philosophy, law, and social sciences to address the complex ethical dilemmas that arise in healthcare.

A subpoena is a writ that commands a witness to appear at a trial or other proceeding and to give testimony. It is a legal document issued by a court that compels a person to testify or produce evidence. This is different from a habeas corpus, which is a writ used to bring a person who has been unlawfully detained before a court. The other options, tort of appearance and tort et a travers, are not relevant to the concept of a writ commanding a witness to appear and give testimony.

A physician must have the patient's permission in writing to reveal any confidential information, except in cases where there is a gunshot wound. In such situations, the physician is obligated to report the incident to the appropriate authorities for the safety and well-being of the patient and others.

A contract is an agreement between two or more parties where they agree to do or not do a specific thing. It is a legally binding agreement that outlines the rights and obligations of each party involved. Contracts can be verbal or written and are enforceable by law. They are commonly used in various situations such as business transactions, employment agreements, and real estate deals.

HIPAA stands for Health Insurance Portability and Accountability Act. This law was enacted in 1996 to protect the privacy and security of individuals' health information. It provides guidelines for the electronic exchange of health information and sets standards for the protection of sensitive patient data. The act also establishes penalties for non-compliance and gives individuals certain rights over their health information.

Abandonment refers to the withdrawal of a physician from the care of a patient without providing reasonable notice of such discharge. This act can be considered unethical and unprofessional as it leaves the patient without proper medical care and support. Abandonment can have serious consequences for the patient's health and well-being, and it is important for healthcare professionals to ensure that they provide adequate notice and arrange for alternative care before discontinuing their services.

The correct answer is "statute of limitations." In civil law, there is a specific time limit, known as the statute of limitations, within which a lawsuit must be filed. Once this time period has expired, the plaintiff can no longer bring a legal action against the defendant. The statute of limitations varies depending on the type of lawsuit and jurisdiction, and it is important for individuals to be aware of these time limits to protect their legal rights.

The correct answer, "qui facit per alium facit per se," is a Latin phrase that translates to "he who acts through another acts for himself." This phrase highlights the principle that when someone acts on behalf of another person, they are ultimately acting in their own interest. It emphasizes the idea that the actions and consequences of an agent are attributed to the principal.

Assumption of risk refers to the consent given by a patient to undergo a medical treatment, fully aware of all the potential risks and unpreventable outcomes associated with it. This implies that the patient acknowledges and accepts the possibility of adverse effects or complications that may arise from the treatment. It is important for healthcare professionals to ensure that patients are well-informed about the risks involved in order to obtain their informed consent before proceeding with the treatment.

The term "breach" refers to the act of breaking or violating a law, promise, or duty. It implies the failure to fulfill an obligation or to adhere to a legal or moral requirement. In this context, "breach" is the most appropriate term as it directly relates to the breaking of a law, promise, or duty. The other options, such as "statute" (a written law), "consent" (permission or agreement), and "incompetent" (lacking the necessary skills or abilities), do not accurately capture the concept of breaking a law, promise, or duty.

A plaintiff is the correct answer because they are the person who initiates or institutes a lawsuit. In a legal case, the plaintiff is the party who brings a complaint against another party, known as the defendant, seeking a legal remedy or resolution. The plaintiff is responsible for presenting their case and providing evidence to support their claims in court.

Medical etiquette refers to the conduct, courtesy, and manners that are commonly practiced in a medical office by healthcare professionals. It encompasses the professional behavior and communication skills that are expected in the healthcare setting, such as maintaining patient privacy, showing respect and empathy towards patients, and effectively communicating with colleagues and staff. Medical etiquette plays a crucial role in establishing trust and maintaining a positive patient-provider relationship, as well as promoting a harmonious and efficient work environment in the medical office.

The correct answer is defendant. In a legal context, the defendant refers to the person who is being sued or accused in a civil or criminal case. They are the party against whom the plaintiff or prosecutor brings the legal action. The defendant is responsible for defending themselves and providing evidence to counter the claims made against them.

Under the peer review improvement act of 1982, peer review organizations are responsible for reviewing the appropriateness and necessity of admitting a patient to the hospital. This process is known as "admissions" review. These organizations assess whether a patient's admission to the hospital is justified based on medical criteria, such as the severity of their condition and the availability of appropriate care. The goal of admissions review is to ensure that hospital resources are used efficiently and that patients receive the most appropriate level of care.

Privileged communication refers to the confidential information shared by a patient with medical personnel, which cannot be disclosed without the patient's consent. This concept is based on the principle of maintaining patient confidentiality and privacy, allowing individuals to freely share their personal information with healthcare providers without fear of it being revealed to others. This ensures that patients feel safe and secure while seeking medical assistance, promoting trust and open communication between patients and healthcare professionals.

A proximate cause refers to a natural and continuous sequence of events that directly leads to an injury or harm, without the involvement of any new independent cause. It is the primary factor that, if removed, would prevent the injury from occurring. In this context, negligence refers to a failure to exercise reasonable care, assumption of risk refers to voluntarily accepting a known risk, and assault refers to intentionally causing apprehension of harmful or offensive contact. However, proximate cause specifically relates to the direct and uninterrupted chain of events leading to an injury.

The use of fetal tissue transplantation for research involves a decision based upon bioethics because it raises ethical questions regarding the use of human fetal tissue. Bioethics is a branch of ethics that deals with the moral implications of medical and biological research, and it aims to ensure that these practices are conducted in an ethical and responsible manner. The use of fetal tissue for research purposes raises concerns about the rights and dignity of the fetus, as well as the potential benefits and risks of such research.

Expert testimony refers to a statement given by an expert in a specific field, such as a physician, regarding scientific, technical, or professional matters. This testimony is often presented in legal proceedings to provide specialized knowledge and opinions that can assist the court or jury in making informed decisions. It is a crucial form of evidence that helps to establish facts or clarify complex issues, particularly in cases involving medical or technical expertise.

Respondeat superior is a legal doctrine that holds an employer responsible for the actions of their employees, as long as those actions were performed within the scope of their employment. This means that if an employee causes harm or commits a wrongful act while carrying out their job duties, the employer can be held liable for any resulting damages. Respondeat superior is based on the idea that employers have a duty to ensure their employees act responsibly and within the bounds of the law while performing their job responsibilities.

Res judicata is a Latin term that refers to a matter that has already been decided by a judicial authority. It is a legal principle that prevents the same case from being re-litigated once a final judgment has been reached. This doctrine ensures that once a dispute has been resolved, it cannot be brought back to court again. The term res judicata is commonly used in legal systems to provide finality and certainty to legal proceedings.

Ethics refers to principles or moral values that determine what is considered right and wrong in a particular society or profession. It involves making judgments about what is morally acceptable behavior and what is not. Unlike laws, which are enforced by a governing authority, ethics are more subjective and rely on individual or societal beliefs and values. Rules and guidelines can be influenced by ethics, but ethics provide a broader framework for determining right and wrong beyond mere adherence to rules or laws.

Negligence is the most common type of medical tort liability. In the context of medical malpractice, negligence refers to the failure of a healthcare professional to provide a standard level of care, resulting in harm or injury to the patient. This can include errors in diagnosis, treatment, or patient management. Negligence is a fundamental concept in medical tort law, as it establishes the duty of care owed by healthcare providers to their patients and forms the basis for legal claims and compensation for damages.

Breach of duty refers to the violation or omission of a legal or moral obligation. It occurs when someone fails to fulfill their duty or obligation, whether it is a legal obligation such as a contractual duty or a moral obligation such as a duty of care. This term is commonly used in legal contexts to describe situations where someone has failed to meet their responsibilities, resulting in harm or damage to another party.

Fraud is the intentional perversion of truth with the aim of deceiving someone into giving up something valuable or surrendering a legal right. It involves deliberate dishonesty and manipulation, often for personal gain. This can include actions such as making false statements, concealing important information, or misrepresenting facts. In the context of the given question, fraud is the most appropriate answer as it aligns with the description provided.

Battery refers to a deliberate physical attack upon a person. It involves the intentional and unlawful touching or striking of another person without their consent, resulting in physical harm or offensive contact. Assault, on the other hand, refers to the act of intentionally causing apprehension of harmful or offensive contact, while slander refers to making false spoken statements that damage a person's reputation. Contributory negligence is a legal concept that involves the partial responsibility of the victim for their own injuries.

Breach of contract refers to the failure to fulfill the terms and conditions of a legally binding agreement. It occurs when one party fails to perform their obligations as stated in the contract, even if they have used their highest level of skill. This can lead to legal consequences and potential damages for the party who breached the contract. Negligence, proximate cause, and ethics do not specifically address the failure to achieve an agreed-upon result in a contractual context.

A medical grievance committee is a panel that is set up to address and investigate complaints made by patients regarding medical care or excessive fees. This committee serves as an impartial body that listens to the concerns of patients and conducts investigations to determine the validity of the complaints. The purpose of this committee is to ensure that patients' rights are protected and that any issues related to medical care or fees are addressed and resolved appropriately.

The correct answer is "reasonable care." In this context, "reasonable care" refers to the standard of care that a health worker must meet in order to be protected by law. If it can be determined that the health worker acted reasonably, meaning that their actions were in line with what a reasonable health worker would do in similar circumstances, they will be protected by law. This standard is often compared with the actions of fellow workers to determine if the health worker's actions were reasonable or not.

Negligence refers to the failure to take reasonable care or precaution that a reasonable person would have taken in similar circumstances, resulting in harm to another person or their property. It involves a lack of attention or carelessness that leads to unintended consequences. Unlike malpractice, which specifically refers to negligence by a professional such as a doctor or lawyer, negligence can be committed by anyone. Slander and defamation, on the other hand, involve making false statements about someone that harm their reputation, which is not directly related to the question's context.

Denying treatment to HIV infected patients is considered unethical because it goes against the principles of fairness, justice, and compassion. It is important to provide equal access to healthcare for all individuals, regardless of their health condition. Denying treatment to HIV infected patients can lead to worsening of their health, increased risk of transmission, and discrimination. Therefore, it is considered unethical to deny treatment to these patients.