MULTIPLE GUESSING

The following is another example of an examination given to 3rd year students prior to their entering into a clinical environment. Good luck -- and remember -- this was given in 1996 and was in Ontario -- so in the words of so many lawyers -- "govern yourself accordingly". (and no apologies for the formatting -- this is hard enough to produce)


1.In order to establish negligence, the patient/plaintiff will have to:

a. prove the doctor touched him or her.
b. establish a lack of consent.
c. establish that an error took place.
d. prove the existence of a duty.
e. prove his or her costs.

2.A doctor cannot abandon a patient:

a. who doesn't pay the bill
b. who doesn't return for a visit
c. to whom no duty is owed
d. who sees another doctor
e. if he sends a letter stopping treatments

3.The Canadian Chiropractic Protective Association was established:

1.because of the lack of insurance coverage afforded to the chiropractors.
2.as a non-profit corporation.
3.not to provide insurance.
4.to oversee and manage claims for chiropractors.
5.to act in the best interest of the individual chiropractor.

Which of the following combination is most correct?

a. 1,2,3,4,5
b. 1,2,3,4
c. 1,4,5
d. 4,5
3. 1,2,4

4.The Canadian Chiropractic Protective Association has had to deal with problems such as:

1.chiropractors who are mischievous and devious.
2.chiropractors who have been alleged to have coerced patients into being adjusted.
3.uncooperative practitioners.
4. patients who will not settle law suits.

Which of the following combinations is most correct?

a. 1,2,3,4
b. 1,2,3
c. 3,4
d. 1,4
e. 2


5.With respect to a doctor's standard of care, which of the following statements are correct?

1.A doctor has no duty to warn a patient against high risk athletic endeavour, such as water-skiing.
2.A licensing board may change a doctor's duties and responsibilities.
3.Advertisements which claim specialized expertise may elevate a doctor's duty of care.
4.If a doctor fails to make an appropriate referral to a specialist, his treatment may be measured against the skill and knowledge of the specialist to whom he should have referred.
5.A doctor has no duty to warn a patient of driving hazards if the danger results from an obvious physical problem, such as restricted cervical rotation.

Which of the following combinations is most correct?

a. 1,2,3,4,5
b. 2,4,5
c. 2,3,4
d. 2,3
e. 3,4

6.The creation of a doctor/patient relationship exits upon:

1. The doctor charging a fee.
2. The signing of an acknowledgement by the patient.
3. The doctor accepting the patient for care.
4. The doctor having the expertise to provide care to the patient.
5. The patient having contacted the doctor in his or her professional capacity.

Which of the following combinations is the most correct?

a. 1,2,3,4,5
b. 2,3,4,5
c. 3
d. 4
e. 5


7.Which may produce a doctor/patient relationship?

1.The doctor's telephone conversation with a former patient.
2.The doctor's response to a friend's questions about their health at a social function.
3.A receptionist giving out information in dealing with a prospective new patient.
4.Providing information on general health care at a lecture taking place at a public library.
5.Publishing an article on health care in a newspaper.

Which of the following combinations is most correct?

a. 1,2,3,4,5
b. 1,2,3,4
c. 1,2,3
d. 1,2
e. 3


8.Professional liability coverage does not afford protection:

1.When the doctor is under the influence of drugs or alcohol.
2.When the doctor deviates from the standard of care in his locality.
3.When the doctor has failed to adequately train his staff.
4. If the doctor did not take x-rays.

Which of the following combinations is the most correct?

a. 1,2,3,4
b. 2,3
c. 1
d. 4
e. 1,4

9.With respect to chiropractic legal reports which of the following statements is correct?

1.The report should contain information concerning the accident, liability, examination, diagnosis and prognosis.
2.The cost of the report is the responsibility of the patient's insurance company.
3.The report is used to settle the issue between the parties.
4.The prior history of the patient is important to determine if the defendant caused the accident.
5.The cost of the treatment must be attached to the report, as an appendix.

Which of the following combinations is most correct?

a. 1,2,3,4,5
b. 1,3,5
c. 2,4
d. 3,5
e. 5


10.When you are advised by a child/patient about a matter which constitutes abuse you should tell the child that:

a."I am required to report this matter."
b. "You were right in not keeping this a secret."
c. "Are you sure that this happened?"
d. "It's good that you are telling people."
e. "We will talk about this during your next appointment."


11.With respect to advertising, which of the following statements is correct?

1.The public interest in professional advertising requires that advertising in all media be truthful, clear, professional and responsible.
2.A chiropractor should not claim professional superiority.
3.A chiropractor should not make claims of guaranteed success.
4.Ultimately, advertising is a matter of professional ethics and responsibility, not law.
5.Advertising should not contain self-congratulatory statements.

Which of the following combinations is most correct?

a. 1,2,3,4,5
b. 1,2,3,5
c. 1,2
d. 3,5
e. 1


12.With respect to "protection strategies" in office procedures, which of the following comments is correct?

1.A release of liability signed prior to treatment is enforceable.
2.As soon as a person comes into a doctor's office for an appointment, the doctor/patient relationship is established and the doctor cannot refuse to treat.
3.Fee discussions should be left to staff. The doctor should tell patients: "You'll have to discuss fees with our office manager. I'm only concerned about trying to correct your problem."
4.There is no need to ask for x-rays from a hospital emergency room if a doctor knows from previous experience he will receive no response.

Which of the following combinations is the most correct?

a. 1,2,3,4
b. 2,3,4
c. 1
d. 3,4
e. none of the above

13. Patient treatment records should be kept:

a.Six years after the tax return for that period was filed.
b. Two years after the patient injury.
c. Two years after the patient reaches majority.
d. Seven years.
e. forever.

14.The following situation is presented as a "res ipsa loquitur" (the facts speak for themselves) case:

a. A chiropractor's failure to diagnose lung cancer.
b. A patient's stroke after a cervical adjustment.
c. A D.C.'s misinterpretation of a patient's response to therapies leading to an improperly increased therapy schedule.
d. A chiropractor's failure to obtain a patient's informed consent when a risk of a particular adverse result was one in two million.
e. None of the above.


15.With respect to "protection strategies in securing informed consent" which of the following statement is correct?

1.If there is only a one-in-a-thousand chance of a complication occurring during treatment, it is not considered "material" and a doctor has no legal duty to advise the patient of its possibility to satisfy "informed consent" requirements.
2.If the patient signs an informed consent form, the doctor may still be liable for negligence.
3.Unless a patient specifically asks to have treatment risks explained to him, the doctor is under no duty to provide them. Once asked, however, he must reveal all material and inherent risks.
4.An informed consent must be obtained from a minor.
5.A patient gives his "implied consent" to a spinal adjustment when he goes to a doctor of chiropractic.

Which of the following combinations is most correct?

a. 1,2,3,4,5
b. 2,3,4
c. 2
d. 2, 5
e. 5