RHIA practice question 17 of 35

When the physician failed to give the patient the lips of the famous actress she requested, the physician engaged in which of the following?

Full set: 1,828 questions

Domain Compliance with Uses and Disclosures of PHI

Answer options
A: slander.
B: a breach of contract. Correct answer
C: libel.
D: invasion of privacy.
Correct Answer:
B. a breach of contract.
Explanation

A breach of contract occurs when one party fails to meet the terms of a binding agreement. In healthcare, a contract is typically implied, where the physician agrees to provide a certain standard of care. However, if a physician makes an express promise or guarantees a specific outcome—such as providing the lips of a famous actress—this creates an express contract. The failure to deliver on this specific, promised result constitutes a breach of that express contract, which is a separate legal claim from medical negligence or malpractice.

Why Incorrect

A. Slander: This is incorrect because slander is a form of defamation involving a false spoken statement that harms another's reputation. The scenario does not describe any spoken defamation.
C. Libel: This is incorrect because libel is a form of defamation involving a false written statement. The scenario does not involve any written defamation.
D. Invasion of privacy: This is incorrect as it involves the unauthorized disclosure of confidential information or intrusion into a patient's private affairs, which did not occur in this scenario.

References

1. Sayles, N. B., & Trawick, M. I. (2021). Sayles' Legal and Ethical Aspects of Health Information Management (5th ed.). AHIMA Press. In Chapter 3, "The Legal Framework," the section on "Contracts" explains that while most physician-patient relationships are implied contracts, an express contract is formed if a physician promises a particular outcome. Failure to achieve that outcome is a breach of contract (pp. 60-61).

2. American Health Information Management Association (AHIMA). (2020). Health Information Management: Concepts, Principles, and Practice (6th ed.). AHIMA Press. Chapter 4, "Legal Issues in Health Information Management," discusses contract law, noting that a physician's guarantee of a cure or specific result can create an express contract, and failure to fulfill that promise can lead to a breach of contract lawsuit (p. 103).

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