73 in which of the following circumstances would the

73. In which of the following circumstances would the plaintiff have the STRONGEST claim
for breach of contract against a physician?
a. An express agreement to give patient “beautiful feet”
b. An express agreement to “see that all would be well”
c. An express agreement to “return patient’s vision to 20/25 within two months”
d. An oral agreement to “cure certain polyps within 2 days”
74. Which of the following is the least likely standard of care against which a physician
defendant would be measured in the United States?
75. With respect to its cost containment (utilization review, prior authorization) measures, a
managed care organization:

b. Can never be directly liable for negligent cost containment because of ERISA.
c. Can be vicariously liable but not directly liable for negligent cost containment.
d. Two of the above
e. None of the above
76. Regarding the law of informed consent, which of the following is TRUE?
77. Which of the following is NOT true about credentialing?
a. A hospital would be negligent for permitting a physician onto its staff whom it
knows or should know is unqualified
b. Hospitals have a duty to maintain a systematic process of screening and
evaluating qualifications and other credentials before a practitioner’s initial
appointment and reappointment to the medical staff
c. Negligence may be proven by a litigant, through discovering whether a hospital
properly queried the National Practitioner Data Bank before granting the
physician privileges
d. It includes licensure, required education, relevant training and experience,
current competence, and continuing education
e. All the above are true
78. Which of the following is TRUE about medical malpractice?