Question 1

What are the four elements required for informed consent to be legally valid?

Accepted Answer

The patient must be informed of the diagnosis, proposed treatment, risks/benefits, and alternatives. The patient must be competent, consent voluntarily, and have the right to refuse.

Question 2

At what age can a minor legally consent to their own medical treatment in most states without parental permission?

Accepted Answer

At age 18, or younger if the minor is legally emancipated. Emancipated minors include those who are married, in the military, or declared emancipated by a court.

Question 3

What legal doctrine allows a physician to treat an unconscious patient in an emergency without obtaining consent?

Accepted Answer

Implied consent. It is assumed a reasonable person would consent to emergency treatment if they were able to do so.

Question 4

What is the legal term for a document in which a patient designates another person to make healthcare decisions on their behalf if they become incapacitated?

Accepted Answer

Durable Power of Attorney for Healthcare (Healthcare Proxy). This is a type of advance directive.

Question 5

Under HIPAA, which category of individuals has the right to access a minor patient's protected health information?

Accepted Answer

Generally, the minor's parent or legal guardian has the right to access PHI. Exceptions exist when the minor consents to care that does not require parental consent by law.

Medical Law & Ethics for CMA AAMA Exam

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