HCA ( Unit _1 to Unit_4)

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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: George D. Pozgar
Publisher: 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. Macro-ethics
b. Eth ical theory
c. Micro-ethics
d. Consequential ethics
e. 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. morality
b. general normative ethics
c. distributive justice
d. morality
e. virtues
3. The theory of ethics emphasizes that the morally right action is whatever action
leads to the maximum balance of good over evil.
a. non-consequential
b. rei igious
c. secular
d. consequential
e. normative
4. The theory of ethics that focuses on one’s duties to others.
a. Discernment
b. Normative
c. Teleological
d. Consequential
e. Deontological
5. The were a turning point where essential commands such as “thou shalt not kill” or
“commit adultery” were accepted as law.
a. normative eth ics
b. Ten Commandments
c. virtuous morals
d. Code of Hammurabi)
e. None of the above.
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6. One who has control over his/her own actions is _
a. virtuous
b. ethical
c. compassionate
d. autonomous
e. hopeful
7. describes the principle of doing good, demonstrating kindness, showing compassion
and helping others.
a. Beneficence
b. Nonmaleficence
c. Justice
d. Compassion
e. Virtue
8. An ethical principle that requires caregivers to avoid causing patients harm.
a. beneficence
b. justice
c. Nonmaleficence
d. Medical paternalism
e. Consequential
9. Justice that implies that all are treated fairly.
a. Moral
b. Disproportional
c. Conditional
d. Distributive
e. Common
10. Abortion issues _
a. may involve breaking some ethical norm or value system
b. involves a mother’s rights
c. inolves the rights of a fetus
d. state’s interests in protecti ng life
e. All of the above.
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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. residency
b. performance of abortion in a hospital accredited by Joint Commission
c. approval by committee of medical staff
d. consultations
e. All of the above.
14. AIDS _
a. is considered deadliest epidemic in human history
b. first appeared in literature in 1981
c. has taken the lives of more than 21 million people
d. is caused by the human immunodeficiency virus (HIV)
e. 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. heterologous artificial i nsemi nation
b. semen donation from the spouse
c. homologous insemination
d. steri I ization
e. None of the above.
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16. describes how people are treated when their interests compete.
a. Justice
b. Virtue
c. Morality
d. All of the above.
e. None of the above.
17. Organizations conducting clinical trials on human subjects must _
a. disclose inherent risks, benefits, and treatment alternatives to all immediate relatives
b. be sure the patient is incompetent to consent
c. obtain consent from the patient’s best friend
d. educate staff as to potential side effects, implementation of, and on-going monitoring of
protocols
e. All of the above.
18. Euthanasia is defined broadly as a _
a. Greek word for “help me”
b. mercy killing of the hopelessly ill
c. DNR order
d. futility of treatment
e. 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. Oregon’s Death with Dignity Act
b. Legislative enactment
c. Patient Self-Determination Act of 1990
d. Futility of Treatment Act
e. DNR Statute
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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. New York
b. California
c. Michigan
d. Oregon
e. 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. patients
b. families
c. caregivers
d. guardians
e. All of the above.
2. Ethics committees should be structured to include _
a. a wide range of community leaders
b. persons in positions of political stature, respect and diversity
c. only hospital caregivers
d. a and b only
e. 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. development of policy guidelines to assist in resolving ethical dilemmas
b. staff and community education
c. conflict resolution
d. case reviews, support and consultation
e. All of the above.
5. Decision-making is not easy when there are _
a. alternative choices
b. unlimited resources
c. a variety of value beliefs from patients, family members and caregivers
d. a and conly
e. All of the above.
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6. The ethics committee is not a decision-maker but a resource that provides consultation to
a. contract staff
b. agency staff
c. support staff
d. patients
e. engi neers
7. Patients and family should be encouraged to _
a. rely on caregivers to make patient decisions
b. participate in patient care conflict resolution
c. rely on paternalism
d. have the ethics committee resolve all ethical dilemmas
e. depend on the physician’s beliefs and values
8. Partial reasoning involves _
a. bias for or against a person based on one’s relationship with that person
b. reasoning where one has already decided the correctness of something
c. not knowing the reason for one’s beliefs
d. believing in situational ethics
e. None of the above.
9. A general rule of conduct that is enforced by the government is a _
a. regulation
b. judicial decision
c. law
d. public law
e. private law
10. When a law is violated, the government imposes a/an _
a. reward
b. regu lation
c. new law
d. penalty
e. None of the above.
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11. Laws that deal with the relationships between individuals and the government are referred
toas _
a. criminal laws
b. public laws
c. private laws
d. tort laws
e. criminal laws
12. Laws dealing with relationships among individuals are referred to as _
a. private laws
b. public laws
c. contract law
d. statutory law
e. case law
13. Common law is derived from _
a. public laws
b. written laws
c. constitutional law
d. statutes
e. judicial decisions
14. U.S. common law has as its roots _
a. French common law
b. Spanish common law
c. English common law
d. English statutory law
e. French and Spanish legal system
15. Statutory law is _
a. enacted by the judicial branch of government
b. is derived from judicial decisions
c. a form of common law
d. written law
e. a, band conly
16. Statutory law can be amended, repealed or expanded by _
a. the judicial system
b. the legislature
c. common law
d. case law
e. None of the above.
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17. The unintentional commission or omission of an act that a reasonably prudent person would or
would not do is a _
a. contract
b. tort
c. negl igent act
d. crime
e. duty to care
18. The violation of another person’s physical integrity is known as _
a. tort
b. battery
c. assault
d. intentional tort
e. band d only
19. The written word form of defamation is _
a. slander
b. defamation
c. assault
d. libel
e. evidence
20. The objectives of criminal law are to _
a. maintain public order and safety
b. protect criminals
c. use punishment as an encouragement to crime
d. rehabilitate criminals for return to jail
e. None of the above.
21. Health care involves an unlawful act, generally, deception for personal gain.
a. contract
b. tort
c. crime
d. tort-feasor
e. fraud
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22. A written or oral agreement that involves legally binding obligations between two or more
parties is a _
a. tort
b. bylaws
c. regulations
d. contract
e. evidence
23. Before the trial, facts are investigated in a process called _
a. discovery
b. examination before trial
c. findings
d. pleadings
e. hearsay
24. Principles of law that may relieve a defendant from liability include _
a. assumption of a Risk
b. borrowed Servant Doctri ne
c. contributory negligence
d. good Samaritan laws
e. All of the above.
25. Conduct expected of an individual in a given situation is called _
a. negligence
b. tort
c. battery
d. standard of care
e. All of the above.
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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. individual rights
b. the right to privacy
c. the right to self-determination
d. a and d only
e. 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. public policy
b. pu bl ic health
c. political malpractice
d. procedural law
e. rules and regulations
3. The Antitrust Division of the Department of Justice has primary responsibility for _
a. enforcing the right to self-determination
b. enforcing the right to privacy
c. enforcing federal antitrust laws
d. None of the above.
e. a, band conly
4. What Act passed by Congress forbids Medicare-participating hospitals from “dumping” patients
out of emergency departments?
a. Emergency Medical Treatment and Active Labor Act
b. Patient Self-Determination Act
c. Ethics in Patient Referral Act
d. Healthcare Quality Improvement Act
e. Sherman Antitrust Act
5. Each state is required under the PSDA (Patient Self-Determination Act 1990) to _
a. implement HIPAA
b. provide local communities with state regulations regarding HIPAA violations
c. provide a description of the law in the state regarding advance directives
d. provide a description of the law in the state regarding advance directives to providers
e. None of the above.
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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. Oregon Death with Dignity Act
b. Right to Die Act
c. Patient Self-Determination Act
d. 14th Amendment
e. Right to Life
7. What Act was designed to protect the privacy, confidentiality and security of patient information?
a. Right to Confidentiality Act
b. Health Insurance Portability and Accountability Act
c. 14th Amendment
d. 1st Amendment
e. Patient Self-Determination Act
8. Chapter 8 introduces the reader to the _
a. ethical responsibilities of health care organizations
b. legal risks to which health care organizations and their governing bodies are exposed
c. duties of health care organizations
d. responsi bi I ities of health care organ izations
e. All of the above.
9. It is unethical for health care organizations to _
a. inform patients of their rights
b. advertise misleading information
c. maintain a uniform standard of care throughout the organization
d. provide patients with information as to their rights and responsibilities
e. All of the above.
10. The authority of a corporation is expressed in _
a. the law under wh ich the corporation is chartered
b. the organization’s medical staff bylaws
c. the corporation’s articles of incorporation
d. a and conly
e. All of the above.
11. Respondeat superior is a legal doctrine holding _
a. employers liable for the wrongful acts of independent contractors
b. employers liable for the wrongful acts of the medical staff
c. employers liable for the wrongful acts of their agents
d. employers liable for the wrongful acts of contracted staff
e. None of the above.
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12. Employees should report practices they consider _
a. unethical
b. detrimental to the reputation of the organization
c. might be harmful to patients
d. ethically questionable
e. All of the above.
13. The FMLA of 1993 was enacted to _
a. grant temporary medical leave to employees
b. protect an employee’s right to return to an equivalent job
c. protect an employee’s right to equivalent benefits
d. provide leave to care for a family member
e. All of the above.
14. Codes of ethics _
a. are identical across all professions
b. are dependent on state guidance
c. vary depending on risks associated with a particular profession
d. are dependent on federal guidance
e. 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. has an ethical responsibility to respond to the patient’s care needs
b. has a legal responsibility to respond to the patient’s care needs
c. can be liable for injuries suffered by the patient because of his or her failure to respond
d. a and b only
e. a, band conly
16. The scope of practice generally includes _
a. the permissible boundaries of practice for health care professionals
b. is often defined in state statutes
c. a definition of the duties of practitioners in their particular roles
d. a definition of the duties and limits of practitioners in their particular roles
e. All of the above.
17. If a caregiver disagrees with a physician’s written orders, _
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a. the caregiver should follow his or her own best judgment
b. should not follow the physician’s orders
c. should not seek clarification of the physician’s orders
d. should consult with another physician
e. should seek clarification from the ordering physician
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18. The is a professional registered nurse with an advanced academic degree,
experience, and expertise in a clinical specialty.
a. nurse practitioner
b. nursing assistant
c. staff nurse
d. clinical nurse specialist
e. None of the above.
19. Health professionals are expected to _
a. abide by their ethical code of one’s profession
b. not to criticize the professional skills of others
c. provide each patient with medical care comparable with national standards
d. seek the aid of professional medical consultants when indicated
e. 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. not necessary
b. only required of physicians
c. a central feature of the physician-patient relationship
d. optional
e. not mandatory
22. Physicians can be held liable for failure to _
a. order diagnostic tests
b. read nurses’ notes
c. seek consu Itation
d. obtain a second opinion
e. All of the above.
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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. follow regimen I consider for the benefit of my patient
b. give no deadly medicine to anyone if asked
c. not give to a woman a pessary to produce abortion
d. will abstain from seduction of females or males
e. All of the above.
25. At the beginning of a physician-patient relationship, the physician must understand
a. patient’s complaints
b. underlying feelings
c. goals
d. expectations
e. All of the above.
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Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1. Staff Rights include the right to _
a. equal pay for equal work
b. refuse to partici pate in care (e.g, abortions)
c. question patient’s care
d. be free from sexua I harassment
e. 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. administration of IV fluids
b. participation in elective abortions
c. administration of medications
d. wound care of HIV patients
e. 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.
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6. Sexual harassment can be verbal or physical and includes _
a. a request for a sexual favor
b. sexual advances made as a condition of employment
c. unreasonably interfering with an employee’s work performance
d. creating an intimidating or offensive working environment
e. All of the above.
7. Staff responsibilities include _
a. compliance with one’s professional codes of ethics
b. adherence to safe practices
c. reporting of unethical behavior
d. protecting patients from harm
e. All of the above.
8. Patients have a right to _
a. refuse to consent for treatment
b. refuse a blood transfusion
c. make decisions regarding their own health care
d. change their mind and accept a treatment previously refused
e. 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. risks of a proposed procedure
b. benefits of a proposed procedure
c. alternatives of a proposed procedure
d. not to know the benefits of a proposed procedure
e. a, band c above.
11. If an individual is found incompetent to give consent to a procedure, _
a. consent may be implied based on the emergent needs of the patient
b. a court order for treatment is never necessary
c. consent cannot be implied if the patients needs are emergent in nature
d. an ethics committee should assume guardianship of the patient
e. the physical therapist should seek a court order granting temporary guardianship to the
patient’s primary care nurse
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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. has no right to refuse medical treatment
b. has the right to refuse any medical treatment.
c. cannot deny treatment if he or she has minor children
d. has the right to make health care decisions for a married minor child
e. 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. physical
b. psychological
c. medical
d. financial
e. All of the above.
16. Which of the following statements is true regarding senior abuse?
a. It includes abandonment, corporal punishment and involuntary restraint and seclusion.
b. Seniors don’t report abuse because they fear retaliation.
c. Seniors don’t report abuse because they are afraid no one will believe them.
d. Shame that a family member is involved often prevent seniors from seeking help.
e. All of the above.
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17. Signs of abuse include _
a. unexplained or unexpected death
b. broken bones
c. sudden and unexpected emotional outbursts
d. agitation
e. All of the above.
18. Caregivers who resident suspect abuse are expected to _
a. report their findings
b. document symptoms and conditions of suspected abuse
c. clearly define signs of abuse
d. ensure that proper follow-up. per faci I ity pol icy occurs
e. All of the above.
19. An abused child is one who has suffered _
a. intentional serious mental harm
b. emotional abuse
c. sexual abuse
d. physical injury inflicted by a parent or other person responsible for the child’s care
e. 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. a written copy of their rights
b. ask questions about their right
c. refuse treatment based on religious beliefs
d. execute an advance directive
e. All of the above.
22. Patients have a responsibility to _
a. ask no questions
b. accept any and all treatments recommended by their physician
c. leave all pain management decisions up to the attending physician
d. not seek a second opinion because it will hurt the physician’s feelings
e. understand caregiver instructions.
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23. Patients should be sure to _
a. follow instructions
b. not ask questions regarding their care
c. not understand caregivers’ instructions
d. be afraid to ask questions
e. 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. diet
b. medications
c. proposed treatment
d. need for a consu Itant
e. 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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