Chapter 4: Criminal Acts and Intentional Torts

A felony is a crime punishable by imprisonment in jail for less than 1 year or a fine. (true/false)

False

A misdemeanor is a crime punishable by imprisonment in jail for less than one year or a fine. (true/false)

True

Criminal cases are crimes against the state. (true/false)

True

If a defendant is found not guilty of a criminal charge, he or she cannot be tried on a civil charge. (true/false)

False

If a victim is physically injured while an individual carries out a theft, this is considered robbery. (true/false)

True

An attempt to carry out a crime is not a crime. (true/false)

False

Taking home free drug samples from the medical office is an example of larceny. (true/false)

True, Larceny is stealing.

Physicians are considered mandated reporters of child abuse according to state statutes. (true/false)

True

A husband who threatens to harm his wife is committing domestic violence. (true/false)

True

"Renting patients" means that patients are recruited for procedures they do not need and is considered fraud. (true/false)

True

The most common civil claim in medical law is an action known as a tort. Tort liability is based on the following grounds:

intentional, negligent, or strict liability

The standard of proof required to find a defendant liable in a civil case is:

preponderance of evidence

To prove that a defendant is guilty of an attempt to commit a crime, three things must be proven beyond a reasonable doubt, Which of the following is not one of the conditions?

The defendant informed the victim of intent to commit the crime.

Manslaughter is defined as:

unlawful killing of another without malice

Conspiracy occurs when two or more persons:

commit an unlawful or criminal act.

Larceny would occur if you took a lawn mower from your neighbor:

without permission and you had no intent to return it

These types of abuse may involve medical office personnel with criminal investigating agencies.

Child, elder, and domestic abuse

What is true regarding reporting child abuse and penalties for failure to report abuse?

All states have reporting laws.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the disclosure of:

individually identifiable information

Elder abuse is divided into ____________ classifications.

five

- passive neglect

- active neglect

- psychological abuse

- financial abuse

- physical abuse

What crime is committed when a physician does not practice in good faith, uses a form of treatment not reasonably based in medical science, or practices under the influences of drugs or alcohol, causing death to a patient?

Manslaughter

A _________________ is defined as a confederacy between two or more persons for the purpose of committing an unlawful or criminal act.

conspiracy

One of the classifications of elder abuse is __________________ abuse. Examples of this type of abuse are elderly patients with lapsed and unfilled prescriptions, un-brushed and unwashed hair, general unkempt appearance, and not eating well.

passive

Fraud includes _______________ services that have not been provided.

billing for

_______________________ is the cause of action when something just happens ---- when there was no intent, the outcome was not expected, but the patient was injured.

Negligence

Most cases in medical malpractice law fall within the _________________ law of torts. A tort is a private wrong or injury, other than breach of contract, for which the court will provide a remedy.

civil

What constitutional right did the U.S. Supreme Court recognized in Roe v. Wade?

Right to privacy

When an individual working in a medical office breaks a law, the individual's _______________________ makes the difference as to whether the behavior is labeled criminal or civil.

intent

The importance of intentional torts for patients and plaintiffs lies in the ability of the victims to receive _______________ for their injuries.

damages

What are examples of intentional tort?

- defamation of character

- invasion of privacy

- false imprisonment