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16 Feb

It is unethical for a physician to have a sexual or romantic relationship with a former patient if the physician uses or exploits trust, knowledge, emotions, or influence derived from the previous professional relationship. Physician performs the procedure, and Patient sustains severe injury. Which of the following is Patient's strongest argument to hold Specialist liable? The alleged negligence occurred during the implementation of the procedure. The need for Specialist's services extended beyond performance of the procedure. The Patient believed that Specialist continued to be her physician beyond the performance of the procedure. Specialist did not withdraw as Patient's physician prior to the performance of the procedure. The alleged negligence occurred in the decision to perform the procedure. The alleged negligence occurred in the decision to perform the procedure. Feedback: This is not a curbside consultation because Specialist examined Patient. Feedback: Although a physician may terminate the relationship with a noncompliant patient, the physician must give adequate notice so that the patient has time to find another health care provider. The type of consent that must be obtained before touching the patient. General consent must be obtained before touching the patient. The legal claim against a physician if either the patient isn't aware that the physician was going to perform the procedure or the patient hasn't authorized it. Medical battery is the legal claim against a physician if either the patient isn't aware that the physician was going to perform the procedure or the patient hasn't authorized it. Patient, who is 50 years old, refuses to get a pap smear.

Refuse because ethical considerations require at least a three-year waiting period to date a former patient. Feedback: It is unethical for any physician to have a romantic relationship with a current patient. Tennessee has yet to accept or reject the concept of a "curbside consultation." To the extent a physician affirmatively participates in the treatment or diagnosis, as opposed to expressing an opinion, Tennessee is likely to find a physician-patient relationship, even though the consulting physician did not examine the patient. Specialist examines Patient and agrees with Physician that the procedure would be appropriate for Patient. The need for his services ended after he gave his opinion. Which of the following is not an acceptable method for terminating the physician-patient relationship? Physician and patient agree to end the relationship. Patient unilaterally decides to receive his medical care from another physician. Physician informs a noncompliant patient that physician will no longer see him as a patient. A consulting physician signs off in the medical chart when his services are no longer needed. Physician sends a letter to patient giving him 30 days to find another health care provider. Physician informs a noncompliant patient that physician will no longer see him as a patient. Nurse does not completely understand the procedure and fails to mention that a recognized material risk of the procedure is death. If Patient's family sues, who is the one most likely to be held responsible for failing to obtain informed consent?

In some states, this question has turned on whether the consent form signed by the patient was broad enough to cover the surgeon actually performing the surgery. Does the following clause in the consent form signed by patient cover this additional procedure? No, because the patient was not aware the surgeon was going to remove his left testicle.

Ghost surgery Feedback: "Ghost surgery" may be battery if the patient consented to a specific surgeon. Correct Answer: Physician-Designated Surrogate Number 42. A physician-designated surrogate, in the order of preference (depending upon the physician's determination that the person chosen has exhibited certain qualifications: (1) spouse, (2) adult children, (3) parents, (4) adult siblings, (5) any adult relative, and (6) any other adult who has exhibited special care and concern for the patient, is familiar with the patient's personal values, and is available and willing to serve. During the course of an operation to repair a bilateral hernia, surgeon removed patient's left testicle.

However, it is unethical to refuse a patient based upon an illegal reason, such as gender, race, religion, national origin, disability, etc. Determine whether it is medically feasible to discontinue the treatment. Patient opens his mouth to allow doctor to see his throat.

Feedback: Generally, a physician may refuse to accept a patient for any reason, except in cases of emergency. Must be obtained if the medical procedure or treatment involves a material risk of harm to the patient. Informed consent must be obtained if the medical procedure or treatment involves a material risk of harm to the patient. Infection, allergic reaction, severe loss of blood, loss or loss of function of any limb or organ, loss of reproductive function, paralysis or partial paralysis, paraplegia or quadriplegia, disfiguring scar, brain damage, cardiac arrest, or death. Material risks include infection, allergic reaction, severe loss of blood, loss or loss of function of any limb or organ, loss of reproductive function, paralysis or partial paralysis, paraplegia or quadriplegia, disfiguring scar, brain damage, cardiac arrest, or death. Patient goes to the doctor for treatment of a sore throat.

Correct Answer: Physician-Patient Relationship Number 2. The physician-patient relationship is the basis of all legal and ethical obligations between a physician and a patient. Two words that describe the physician-patient relationship. Mutual and consensual describe the physician-patient relationship.

What is the primary purpose of the informed consent process? An example would be when a patient stands in a line where a doctor is giving people a shot, and the patient rolls up his sleeve to receive the shot. Which of the following is NOT necessary for a patient to give informed consent? Informed consent should also include whether the proposed procedure or treatment is experimental. Requires educating the patient about the prognosis and material risks resulting from the patient's choice not to get the diagnostic test or proposed treatment. Physician is going to remove a small mole from Patient's cheek. Please choose the most appropriate answer based upon the facts provided. No, because Patient asked to have the mole removed. No, because there are no known, recognized material risks to the procedure. Yes, because Physician could make a mistake in removing the mole. In Tennessee, the test for getting informed consent is whether it is the acceptable standard of professional practice in the same or similar community in which the physician practices his profession or specialty. An example would be when a patient stands in a line where a doctor is giving people a shot, and the patient rolls up his sleeve to receive the shot. Implied consent is the type of consent where a patient voluntarily submits to a procedure with actual or apparent knowledge of what is about to transpire. Physician is a prominent gastrointerologist in the state. If there is no relationship, there is no liability for medical malpractice. If there was no longer a need for his services, the physician-patient relationship terminated, and there is no liability if the alleged negligence occurred after the relationship was terminated. However, other jurisdictions may find liability for on-call physicians who refuse or fail to treat a patient. Physician's mother is having chronic gastrointestinal problems. Trust is a critical element in the physician-patient relationship. Recommend another qualified physician to treat his mother while continuing to act as a loving and concerned adviser. A physician may lack objectivity when the patient is someone close to the physician, and the patient may not be as forthcoming about his or her medical problems. The incorrect choices reflect much weaker positions in arguing that the physician-patient relationship existed. Physician performs the procedure, and Patient sustains severe injury. Which of the following is Specialist's strongest defense? Specialist was retained to give a second opinion, and the strongest defense is that the need for his services ended after he gave that opinion. Patient's family sues the hospital, the ER physicians, and Cardiologist. Feedback: Generally, some courts have been unwilling to hold a physician liable if the physician has never examined the patient or directed the patient's care.