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HCA 503
Legal and Eth ical Issues for Health Care Professionals
Text:
Legal and Ethical Issues for Health Professionals
Second Edition, 2010
ISBN-13: 9780763764739
Author:
Publisher:
George D. Pozgar
JB Learning
--
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
l.
examines an individual's view of what is right and wrong.
a.
b.
c.
d.
e.
Macro-ethics
Eth ical theory
Micro-ethics
Consequential ethics
Moral values
2. The critical study of major moral precepts, such as what things are right and what things are
good, is referred to as _______ _
a.
b.
c.
d.
e.
3.The
morality
general normative ethics
distributive justice
morality
virtues
theory of ethics emphasizes that the morally right action is whatever action
leads to the maximum balance of good over evil.
a.
b.
c.
d.
e.
non-consequential
rei igious
secular
consequential
normative
4. The theory of ethics that focuses on one's duties to others.
a.
b.
c.
d.
e.
5.The
were a turning point where essential commands such as "thou shalt not kill" or
"commit adultery" were accepted as law.
a.
b.
c.
d.
e.
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Discernment
Normative
Teleological
Consequential
Deontological
normative eth ics
Ten Commandments
virtuous morals
Code of Hammurabi)
None of the above.
6. One who has control over his/her own actions is _______ _
a.
b.
c.
d.
e.
7.
virtuous
ethical
compassionate
autonomous
hopeful
describes the principle of doing good, demonstrating kindness, showing compassion
and helping others.
a.
b.
c.
d.
e.
Beneficence
Nonmaleficence
Justice
Compassion
Virtue
8. An ethical principle that requires caregivers to avoid causing patients harm.
a.
b.
c.
d.
e.
beneficence
justice
Nonmaleficence
Medical paternalism
Consequential
9. Justice that implies that all are treated fairly.
a. Moral
b.
c.
d.
e.
Disproportional
Conditional
Distributive
Common
10. Abortion issues _______ _
a.
b.
c.
d.
e.
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may involve breaking some ethical norm or value system
involves a mother's rights
inolves the rights of a fetus
state's interests in protecti ng life
All of the above.
11. The first trimester of a pregnancy in Roe v. Wade involves _________ _
a. a state's right to regulate abortion procedures in ways reasonably related to maternal
health
b. an abortion decision between a woman and her physician
c. a state's right to prohibit all abortions
d. the Supreme Court's right to decide a woman's right to abortion on a case by case basis
e. a state's right to decide a woman's right to abortion on a case by case basis
12. The third trimester of a pregnancy involves ________ _
a. a state's right to prohibit all abortions except those deemed necessary to protect
maternal I ife or health
b. an abortion decision between a woman and her physician
c. a state's right to prohibit all abortions
d. the Supreme Court's right to decide a woman's right to abortion on a case by case basis
e. a state's right to decide a woman's right to abortion on a case by case basis
13. Doe v. Bolton struck down procedural requirements imposed by state statutes involving
a.
b.
c.
d.
e.
residency
performance of abortion in a hospital accredited by Joint Commission
approval by committee of medical staff
consultations
All of the above.
14. AIDS _______ _
a.
b.
c.
d.
e.
is considered deadliest epidemic in human history
first appeared in literature in 1981
has taken the lives of more than 21 million people
is caused by the human immunodeficiency virus (HIV)
All of the above.
15. The semen from a donor other than the spouse's seminal fluid into a woman to induce
pregnancy is referred to as _________ _
a.
b.
c.
d.
e.
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heterologous artificial i nsemi nation
semen donation from the spouse
homologous insemination
steri I ization
None of the above.
16. _________ describes how people are treated when their interests compete.
a.
b.
c.
d.
e.
Justice
Virtue
Morality
All of the above.
None of the above.
17. Organizations conducting clinical trials on human subjects must _________ _
disclose inherent risks, benefits, and treatment alternatives to all immediate relatives
be sure the patient is incompetent to consent
obtain consent from the patient's best friend
educate staff as to potential side effects, implementation of, and on-going monitoring of
protocols
e. All of the above.
a.
b.
c.
d.
18. Euthanasia is defined broadly as a _______ _
a.
b.
c.
d.
e.
Greek word for "help me"
mercy killing of the hopelessly ill
DNR order
futility of treatment
withdrawal of treatment
19. Voluntary euthanasia occurs when a _______ _
a. competent adult patient with an incurable condition who has been informed of the
possible ramifications and alternatives available gives consent
b. a person other than the incurable decides to terminate the life of one who is
incompetent to make a decision
c. there is an intentional commission of an act that will result in death
d. treatment is involuntarily discontinued
e. a physician assists the patient in suicide
20. According to the
, health care organizations have a responsibility to explain to
patients, staff, and families that patients have legal rights to direct their medical and nursing
care as it corresponds to existing state law.
a.
b.
c.
d.
e.
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Oregon's Death with Dignity Act
Legislative enactment
Patient Self-Determination Act of 1990
Futility of Treatment Act
DNR Statute
21. A Durable Power of Attorney for health care is ________ _
a. a legal device that permits one individual known as the "attorney-in-fact" to give to
another person called the "principal" the authority to act on his or her behalf to make
health care decisions
b. a legal device that permits one individual known as the "principal" to give to another
person called the "attorney-in-fact" the authority to act on his or her behalf in all
financial matters
c. an illegal device that permits one individual known as the "principal" to give to another
person called the "attorney-in-fact" the authority to act on his or her behalf
d. a legal device that permits one individual known as the "principal" to give to another
person called the "attorney-in-fact" the authority to act on his or her behalf in making
health care decisions
e. None of the above.
22.
was the first state to legalize physician-assisted suicide.
a.
b.
c.
d.
e.
New York
California
Michigan
Oregon
Florida
23. Do not resuscitate orders are given by ________ _
a. nurses and indicate that, in the event of a cardiac or respiratory arrest, no resuscitative
measures should be used to revive the patient
b. physicians and indicate that, in the event of a cardiac or respiratory arrest, resuscitative
measures should be used to revive the patient
c. physicians and indicate that, in the event of a cardiac or respiratory arrest, no
resuscitative measures should be used to revive the patient
d. cardiac therapists and indicate that, in the event of a cardiac or respiratory arrest, no
resuscitative measures should be used to revive the patient
e. by respiratory therapists and indicate that, in the event of a cardiac or respiratory arrest,
no resuscitative measures should be used to revive the patient
24. The goals of the Ethics Committee include which of the following?
a. Guidance for patients, family, and decisions makers
b. Make decisions about patients' treatments
c. Clarifying situations that are ethical, legal, religious and extend beyond the scope of
daily practice
d. all of the above
e. a and conly
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25. Every human being of adult years has a right to determine what shall be done with his own
body. A surgeon who performs an operation without his patient's consent commits an
assault for which he is liable for damages.
a. In re Storar
b. Schloendorff v. Society of New York HospitaJ2
c. In re Spring
d. In re Dinnerstein
e. People v. Eulo
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Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1. An ethics committee serves as a hospital resource to ________ _
a.
b.
c.
d.
e.
patients
families
caregivers
guardians
All of the above.
2. Ethics committees should be structured to include __________
a.
b.
c.
d.
e.
a wide range of community leaders
persons in positions of political stature, respect and diversity
only hospital caregivers
a and b only
All of the above.
3. The goals of the ethics committee are to ________ _
a. promote the rights of patients
b. promote shared decision-making between patients and their clinicians
c. assist the patient and family, as appropriate, in coming to consensus with the options
that best meet the patient's goal for care
d. promote fair policies and procedures that maximize the likelihood of achieving good,
patient centered outcomes
e. All of the above.
4. The functions of ethics committees are multifaceted and include
a.
b.
c.
d.
e.
_________ _
development of policy guidelines to assist in resolving ethical dilemmas
staff and community education
conflict resolution
case reviews, support and consultation
All of the above.
5. Decision-making is not easy when there are _________
a.
b.
c.
d.
e.
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alternative choices
unlimited resources
a variety of value beliefs from patients, family members and caregivers
a and conly
All of the above.
6. The ethics committee is not a decision-maker but a resource that provides consultation to
a.
b.
c.
d.
e.
contract staff
agency staff
support staff
patients
engi neers
7. Patients and family should be encouraged to ________ _
a.
b.
c.
d.
e.
rely on caregivers to make patient decisions
participate in patient care conflict resolution
rely on paternalism
have the ethics committee resolve all ethical dilemmas
depend on the physician's beliefs and values
8. Partial reasoning involves _______ _
a.
b.
c.
d.
e.
bias for or against a person based on one's relationship with that person
reasoning where one has already decided the correctness of something
not knowing the reason for one's beliefs
believing in situational ethics
None of the above.
9. A general rule of conduct that is enforced by the government is a _________ _
a. regulation
b.
c.
d.
e.
judicial decision
law
public law
private law
10. When a law is violated, the government imposes a/an __________ _
a.
b.
c.
d.
e.
72
reward
regu lation
new law
penalty
None of the above.
11. Laws that deal with the relationships between individuals and the government are referred
toas __________
a.
b.
c.
d.
e.
criminal laws
public laws
private laws
tort laws
criminal laws
12. Laws dealing with relationships among individuals are referred to as _________ _
a.
b.
c.
d.
e.
private laws
public laws
contract law
statutory law
case law
13. Common law is derived from _________ _
a.
b.
c.
d.
e.
public laws
written laws
constitutional law
statutes
judicial decisions
14. U.S. common law has as its roots _______ _
a. French common law
b.
c.
d.
e.
Spanish common law
English common law
English statutory law
French and Spanish legal system
15. Statutory law is ________ _
a.
b.
c.
d.
e.
enacted by the judicial branch of government
is derived from judicial decisions
a form of common law
written law
a, band conly
16. Statutory law can be amended, repealed or expanded by __________ _
a.
b.
c.
d.
e.
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the judicial system
the legislature
common law
case law
None of the above.
17. The unintentional commission or omission of an act that a reasonably prudent person would or
would not do is a ________ _
a.
b.
c.
d.
e.
contract
tort
negl igent act
crime
duty to care
18. The violation of another person's physical integrity is known as _________ _
a.
b.
c.
d.
e.
tort
battery
assault
intentional tort
band d only
19. The written word form of defamation is ________ _
a.
b.
c.
d.
e.
slander
defamation
assault
libel
evidence
20. The objectives of criminal law are to __________ _
a. maintain public order and safety
b.
c.
d.
e.
protect criminals
use punishment as an encouragement to crime
rehabilitate criminals for return to jail
None of the above.
21. Health care _________ involves an unlawful act, generally, deception for personal gain.
a.
b.
c.
d.
e.
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contract
tort
crime
tort-feasor
fraud
22. A written or oral agreement that involves legally binding obligations between two or more
parties is a ________ _
a.
b.
c.
d.
e.
tort
bylaws
regulations
contract
evidence
23. Before the trial, facts are investigated in a process called ___________ _
a.
b.
c.
d.
e.
discovery
examination before trial
findings
pleadings
hearsay
24. Principles of law that may relieve a defendant from liability include ___________ _
a.
b.
c.
d.
e.
assumption of a Risk
borrowed Servant Doctri ne
contributory negligence
good Samaritan laws
All of the above.
25. Conduct expected of an individual in a given situation is called __________ _
a.
b.
c.
d.
e.
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negligence
tort
battery
standard of care
All of the above.
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1. Chapter 7 presented an overview of federal statutes that were designed to protect _________ _
a.
b.
c.
d.
e.
individual rights
the right to privacy
the right to self-determination
a and d only
a, band conly
2. Principle of law which holds that no one can lawfully do that which tends to be injurious to the
public or against the public good is ________ _
a.
b.
c.
d.
e.
public policy
pu bl ic health
political malpractice
procedural law
rules and regulations
3. The Antitrust Division of the Department of Justice has primary responsibility for ___________ _
a.
b.
c.
d.
e.
enforcing the right to self-determination
enforcing the right to privacy
enforcing federal antitrust laws
None of the above.
a, band conly
4. What Act passed by Congress forbids Medicare-participating hospitals from "dumping" patients
out of emergency departments?
a.
b.
c.
d.
e.
Emergency Medical Treatment and Active Labor Act
Patient Self-Determination Act
Ethics in Patient Referral Act
Healthcare Quality Improvement Act
Sherman Antitrust Act
5. Each state is required under the PSDA (Patient Self-Determination Act 1990) to __________ _
a.
b.
c.
d.
e.
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implement HIPAA
provide local communities with state regulations regarding HIPAA violations
provide a description of the law in the state regarding advance directives
provide a description of the law in the state regarding advance directives to providers
None of the above.
6.The
legalizes physician-assisted suicide, but specifically prohibits euthanasia where a
physician or other person directly administers a medication to end another's life.
a.
b.
c.
d.
e.
Oregon Death with Dignity Act
Right to Die Act
Patient Self-Determination Act
14th Amendment
Right to Life
7. What Act was designed to protect the privacy, confidentiality and security of patient information?
a.
b.
c.
d.
e.
Right to Confidentiality Act
Health Insurance Portability and Accountability Act
14th Amendment
1st Amendment
Patient Self-Determination Act
8. Chapter 8 introduces the reader to the ________ _
a.
b.
c.
d.
e.
ethical responsibilities of health care organizations
legal risks to which health care organizations and their governing bodies are exposed
duties of health care organizations
responsi bi I ities of health care organ izations
All of the above.
9. It is unethical for health care organizations to _________ _
a.
b.
c.
d.
e.
inform patients of their rights
advertise misleading information
maintain a uniform standard of care throughout the organization
provide patients with information as to their rights and responsibilities
All of the above.
10. The authority of a corporation is expressed in __________ _
a.
b.
c.
d.
e.
the law under wh ich the corporation is chartered
the organization's medical staff bylaws
the corporation's articles of incorporation
a and conly
All of the above.
11. Respondeat superior is a legal doctrine holding ________ _
a.
b.
c.
d.
e.
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employers liable for the wrongful acts of independent contractors
employers liable for the wrongful acts of the medical staff
employers liable for the wrongful acts of their agents
employers liable for the wrongful acts of contracted staff
None of the above.
12. Employees should report practices they consider ________ _
a.
b.
c.
d.
e.
unethical
detrimental to the reputation of the organization
might be harmful to patients
ethically questionable
All of the above.
13. The FMLA of 1993 was enacted to ________ _
a.
b.
c.
d.
e.
grant temporary medical leave to employees
protect an employee's right to return to an equivalent job
protect an employee's right to equivalent benefits
provide leave to care for a family member
All of the above.
14. Codes of ethics _______ _
a.
b.
c.
d.
e.
are identical across all professions
are dependent on state guidance
vary depending on risks associated with a particular profession
are dependent on federal guidance
are dependent on both state and federal guidance
15. A physician who is on emergency department call and fails to respond to a request to attend a
patient ______ _
a.
b.
c.
d.
e.
has an ethical responsibility to respond to the patient's care needs
has a legal responsibility to respond to the patient's care needs
can be liable for injuries suffered by the patient because of his or her failure to respond
a and b only
a, band conly
16. The scope of practice generally includes ________ _
a.
b.
c.
d.
e.
the permissible boundaries of practice for health care professionals
is often defined in state statutes
a definition of the duties of practitioners in their particular roles
a definition of the duties and limits of practitioners in their particular roles
All of the above.
17. If a caregiver disagrees with a physician's written orders, ________ _
a.
b.
c.
d.
e.
121
the caregiver should follow his or her own best judgment
should not follow the physician's orders
should not seek clarification of the physician's orders
should consult with another physician
should seek clarification from the ordering physician
18.The
is a professional registered nurse with an advanced academic degree,
experience, and expertise in a clinical specialty.
a.
b.
c.
d.
e.
nurse practitioner
nursing assistant
staff nurse
clinical nurse specialist
None of the above.
19. Health professionals are expected to ________ _
a.
b.
c.
d.
e.
abide by their ethical code of one's profession
not to criticize the professional skills of others
provide each patient with medical care comparable with national standards
seek the aid of professional medical consultants when indicated
All of the above.
20. Credentialing is a process for ________ _
a. validating the background of professionals
b. assessing the qualifications of health care professionals
c. determining that a professional is qualified to perform the procedures for which he or
she is seeking credentialing
d. a, band conly
e. None of the above.
21. Respect for the privacy of medical information is __________ _
a.
b.
c.
d.
e.
not necessary
only required of physicians
a central feature of the physician-patient relationship
optional
not mandatory
22. Physicians can be held liable for failure to _________ _
a.
b.
c.
d.
e.
122
order diagnostic tests
read nurses' notes
seek consu Itation
obtain a second opinion
All of the above.
23. The surgeon in a Louisiana case failed to read nursing notes in a patient's record. What was
the consequence?
a. The surgeon breached his duty of care owed to the patient by failing to read nursing
notes.
b. Testimony convinced a Louisiana Court of Appeal that the surgeon chose not to take
advantage of nurses' observations.
c. The surgeon's medical malpractice exacerbated an already critical condition.
d. The surgeon's failure to read the nursing notes deprived the patient's chance of survival.
e. All of the above.
24. The Hippocratic Oath provides that a physician ____________ _
a.
b.
c.
d.
e.
follow regimen I consider for the benefit of my patient
give no deadly medicine to anyone if asked
not give to a woman a pessary to produce abortion
will abstain from seduction of females or males
All of the above.
25. At the beginning of a physician-patient relationship, the physician must understand
a.
b.
c.
d.
e.
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patient's complaints
underlying feelings
goals
expectations
All of the above.
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1. Staff Rights include the right to ________ _
a.
b.
c.
d.
e.
equal pay for equal work
refuse to partici pate in care (e.g, abortions)
question patient's care
be free from sexua I harassment
All of the above.
2. The Equal Pay Act of 1963 __________ _
a. addresses wage disparities based on sex
b. allows sex discrimination in payment of wages for women and men performing
substantially equal work in same establishment
c. requires that employees who perform equal work receive equal pay
d. a and conly
e. band conly
3. There are situations in which wages may be unequal as long as __________ _
a. they are based on factors such as sex
b. there is not a formal ized seniority system
c. there is a system that objectively measures earnings by the quantity or quality of
production
d. they are based on such factors as rei igion
e. None of the above.
4. Staff generally have a right to refuse to participate in care involving ___________ _
a.
b.
c.
d.
e.
administration of IV fluids
participation in elective abortions
administration of medications
wound care of HIV patients
All of the above.
5. Employees have a right to ________ _
a. question a physician's order
b. not to challenge a physician's treatment decision even if it would serve the best
interests of the patient
c. refuse to answer a call bell if it would mean missing lunch
d. All of the above.
e. None of the above.
167
6. Sexual harassment can be verbal or physical and includes _________ _
a.
b.
c.
d.
e.
a request for a sexual favor
sexual advances made as a condition of employment
unreasonably interfering with an employee's work performance
creating an intimidating or offensive working environment
All of the above.
7. Staff responsibilities include ________ _
a.
b.
c.
d.
e.
compliance with one's professional codes of ethics
adherence to safe practices
reporting of unethical behavior
protecting patients from harm
All of the above.
8. Patients have a right to _______ _
a.
b.
c.
d.
e.
refuse to consent for treatment
refuse a blood transfusion
make decisions regarding their own health care
change their mind and accept a treatment previously refused
All of the above.
9. A person can consent to something only if he or she ________ _
a. has inadequate competency to consent
b. has sufficient mental capacity to make an intelligent choice
c. is in a comatose state
d. is incompetent to do so
e. None of the above.
10. Informed consent is the legal concept that protects a patient's right to know ____________
a.
b.
c.
d.
e.
risks of a proposed procedure
benefits of a proposed procedure
alternatives of a proposed procedure
not to know the benefits of a proposed procedure
a, band c above.
11. If an individual is found incompetent to give consent to a procedure, _____________ _
a.
b.
c.
d.
e.
168
consent may be implied based on the emergent needs of the patient
a court order for treatment is never necessary
consent cannot be implied if the patients needs are emergent in nature
an ethics committee should assume guardianship of the patient
the physical therapist should seek a court order granting temporary guardianship to the
patient's primary care nurse
12. Implied consent is generally presumed when ___________ _
a. the patient is awake and competent to make his or her own care decisions
b. immediate action is required to prevent death or permanent impairment
c. an unconscious patient is brought to the emergency department in a comatose state
following a car accident
d. the parent of a minor has agreed to an elective surgical procedure
e. band conly
13. Case law has developed in such a way that any person, regardless of religious beliefs,
a.
b.
c.
d.
e.
has no right to refuse medical treatment
has the right to refuse any medical treatment.
cannot deny treatment if he or she has minor children
has the right to make health care decisions for a married minor child
None of the above.
14. Patient abuse is _______ _
a. the mistreatment or neglect of residents/patientslcl ients under the care of a health
care organization
b. is limited to an institutional setting
c. never occurs in an individual's home
d. is of little concern
e. is not the mistreatment of individuals who are under the care of nursing homes
15. Abuse can be
a.
b.
c.
d.
e.
________ _
physical
psychological
medical
financial
All of the above.
16. Which of the following statements is true regarding senior abuse?
a.
b.
c.
d.
e.
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It includes abandonment, corporal punishment and involuntary restraint and seclusion.
Seniors don't report abuse because they fear retaliation.
Seniors don't report abuse because they are afraid no one will believe them.
Shame that a family member is involved often prevent seniors from seeking help.
All of the above.
17. Signs of abuse include _______ _
a.
b.
c.
d.
e.
unexplained or unexpected death
broken bones
sudden and unexpected emotional outbursts
agitation
All of the above.
18. Caregivers who resident suspect abuse are expected to ________ _
a.
b.
c.
d.
e.
report their findings
document symptoms and conditions of suspected abuse
clearly define signs of abuse
ensure that proper follow-up. per faci I ity pol icy occurs
All of the above.
19. An abused child is one who has suffered _________ _
a.
b.
c.
d.
e.
intentional serious mental harm
emotional abuse
sexual abuse
physical injury inflicted by a parent or other person responsible for the child's care
All of the above.
20. Patients should be informed of their rights and responsibilities ____________ _
a. at the time of admission
b. in writing
C. in
a way that they understand their rights and responsibilities
d. and have opportunity to ask questions about their rights and responsibilities
e. All of the above.
21. Patients have a right to ___________ _
a.
b.
c.
d.
e.
a written copy of their rights
ask questions about their right
refuse treatment based on religious beliefs
execute an advance directive
All of the above.
22. Patients have a responsibility to __________ _
a.
b.
c.
d.
e.
170
ask no questions
accept any and all treatments recommended by their physician
leave all pain management decisions up to the attending physician
not seek a second opinion because it will hurt the physician's feelings
understand caregiver instructions.
23. Patients should be sure to __________ _
a.
b.
c.
d.
e.
follow instructions
not ask questions regarding their care
not understand caregivers' instructions
be afraid to ask questions
not bother the caregiver with too many questions such as, "Did you wash your hands
before changing my surgical dressing?"
24. Patients have a responsibility to speak-up and ask questions regarding ________________ _
a.
b.
c.
d.
e.
diet
medications
proposed treatment
need for a consu Itant
All of the above.
25. A patient has a right to __________ _
a. not show up for surgery without telling the physician
b. keep a stash of medications in his or her bedside cabinet for pain because nurses are
generally slow in administering pain medications
c. not inform their physician of the ten herbal products that he or she has been
i ngesti ng for the past ten years
d. take aspirin before surgery to bring his or her temperature down out of fear that if the
nurse reports a spike in temperature, the surgical procedure might be delayed
e. None of the above.
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