If a motion to quash has been filed, which of the following is most likely to be true? A. The patient has signed an authorization for release. B. Medical records have been subpoenaed. C. A malpractice suit has been filed. D. A breach of confidentiality has occurred. 2. If a case involves private law, which of the following is most likely to be the subject matter of the case? A. Tort B. Substantive criminal C. Criminal procedure D. Constitutional law 27 925 Oak Street Scranton, Pennsylvania 18515-0001 Lesson 1 Health Information and Litigation
When you feel confident that you have mastered the material in Lesson 1, complete the following examination. Then submit only your answers to the school for grading, using one of the examination answer options described in your “Test Materials” envelope. Send your answers for this examination as soon as you complete it. Do not wait until another examination is ready. Questions 1–20: Select the one best answer to each question. EXAMINATION NUMBER: 40982100 Whichever method you use in submitting your exam answers to the school, you must use the number above. For the quickest test results, go to ttp://www. takeexamsonline. com Examination 3. If the result in a case is that the defendant has to go to jail for a year, which of the following is most likely true? A. It was a malpractice case. C. It was a misdemeanor case. B. It was a contract case. D. It was a felony case. 4. Bob says that his claim is based on the fundamental law of the nation. Most likely, Bob is relying upon what source of law? A. Constitution C. Regulation B. Statute D. Common law 5. Carl files suit in federal court. Which of the following would be sufficient to give that court subject matter jurisdiction?
A. The claim involves more than $75,000. B. The claim involves more than $25,000. C. Carl and the defendant reside in the same federal district. D. The claim involves a federal statute. 6. Default judgment is entered in favor of Carl. Which of the following must necessarily be true A. The defendant’s position was weak. B. Carl’s case was strong. C. The court determined that the defendant was at fault. D. The defendant failed to file an answer within the required time. 7. Judgment has been entered against Sally in the Eastern District Court of Kentucky.
Which of the following necessarily must be true for the judgment to be valid against her personally? A. She was a resident of Kentucky. B. The court had subject matter jurisdiction and she was a resident of Kentucky. C. The court had personal jurisdiction over Sally and subject matter jurisdiction. D. Sally resides in the Eastern District of Kentucky. 8. Martha the medical assistant is legally compelled to give testimony in a under oath in a malpractice lawsuit. Which of the following is necessarily true? A. Her immediate supervisor insisted that she do so. B.
She received a subpoena duces tecum. C. She received a subpoena ad testificandum. D. She is the key witness in the case. 28 Examination, Lesson 1 9. Martha the medical assistant testifies in the malpractice case that the defendant, Dr. Jones, admitted he had committed malpractice on Mrs. Smith. This testimony likely would be excluded on what grounds? A. Physician-patient privilege C. Irrelevance B. Hearsay D. Martha not being a physician 10. If a party wants to avoid the time and expense of proving matters that aren’t really in dispute, which discovery tool would best achieve that end?
A. Interrogatories C. Request to produce documents B. Depositions D. Requests for admissions 11. Which of the following is true regarding jury trials? A. The judge has no role. B. Parties may request a jury trial for any type of case. C. The judge and jury both have a role. D. The jury decides whether evidence should be admitted. 12. Which discovery tool would be especially appropriate to use against a plaintiff claiming physical injuries that the defendant believes are being faked? A. Request for physical examination C. Request for admission B. Deposition D.
Interrogatories 13. Which of the following is characteristic of mediation? A. The court controls. B. The parties remain in control. C. A decision is imposed. D. The mediator decides who is right. 14. Bob obtains a judgment against Ned and knows Ned earns a good salary at Widget, Inc. Bob should A. ask the court to order Widget, Inc. to fire Ned if he doesn’t pay. B. obtain an order of garnishment. C. obtain a writ of execution. D. serve Ned with a request to admit he owes the judgment. 15. A pretrial conference most likely would occur A. before the complaint is filed.
B. during an appeal. C. before discovery begins but after the complaint is filed. D. after discovery. Examination, Lesson 1 29 16. If a show cause order is issued, which of the following is most likely the case? A. Someone failed to respond to a subpoena. B. The plaintiff’s case is weak. C. The complaint failed to show a cause of action. D. A party tried to obtain records without a subpoena. 17. An order setting a trial date is more likely to be entered A. when the complaint is filed. C. at a deposition. B. at a pretrial conference. D. at a show cause hearing. 18.
If a health information manager discloses health-care information otherwise prohibited by statute or regulation, the health-care provider could be liable for breach of confidentiality Unless A. it was pursuant to a subpoena. B. the health-care provider consented to the release. C. the health-care provider wasn’t told about the release by the health information manager. D. it was pursuant to a valid court order. 19. Hannah, a health-care information manager, receives a subpoena the legality of which she questions. She should A. ignore it. B. seek advice of counsel.
C. comply with it unless the patient takes action to stop her. D. make her best guess about whether or not it’s legal and either comply or ignore it. 20. Which one of the following is true? A. All subpoenas are valid to authorize release of medical records. B. All patient authorizations to release medical records are sufficient to authorize release. C. Some jurisdictions require both a subpoena and a release from the patient to authorize release of records. D. All jurisdictions require both a subpoena and a release from the patient to authorize release of records.