Healthcare Law and Ethics
At the beginning of the 21st century approximately __________Americans do not have health insurance
49 million
Congratulations! You have just been hired by the Crestview Hospital. Crestview is a 501(c)(3) corporation. What does that mean?
A 501(c)(3) corporation means that that corporation is listed by the federal government as being a non-profit organization and is not required to pay federal taxes.
Which of the following is true about nurses?
A nurse who has reason to believe a discharge order could be injurious to the patient has a right to question the physician's decision.
Which of the following actions would be considered an intentional tort?
A physician hits a nurse on her arm and curses at her for not following an order.
Patients have which of the following?
A right to clarification of the physician's orders and explanation of the treatment plan
What did Egyptian physicians use as anesthia?
A swift hit of a wooden mallet to the head
Who is mandated to follow the HIPAA requirements?
All of the above
Price fixing is considered a per se violation of the antitrust laws. Price fixing occurs when two or more competitors come together to decide on a price that will be charged for services or goods. The per se rule here applies to:
All of the above.
__________ is a postmortem examinations conducted to ascertain the cause of death. Most states have enacted consent statutes that establish an order to obtain consent based on the degree of family relationship.
An autopsy
is a deliberate threat coupled with the apparent present ability to do physical harm to another,
Assault
A student nurse is entrusted with the responsibility of providing nursing care to a patient. While assisting the patient to get out of bed, the nurse uses incorrect technique and the patient falls, exacerbating his injury. Who is liable in this case?
Both the student nurse and the healthcare facility
__________ is a plan of care whereby a patient pays an annual retainer fee in exchange for immediate access to a physician for health care.
Boutique medicine
The first American nursing school was established in 1872 at
Brigham and Women's Hospital.
A religion and philosophy encompassing a variety of traditions, beliefs, and practices, largely based on teachings attributed to an Indian prince named Siddhartha Gautama (563-483 BC), is practiced in:
Buddhism.
From the following scenario, determine which one of the elements of negligence is unproven: A nurse is instructed to check a patient's vital signs every hour during her shift. During her shift, she gets involved with another task and forgets to check the patient for 2 hours. During that time, the patient has an allergic reaction to a medication that results in painful blisters on his legs. There was no indication in the medical records that the patient was allergic to this medication.
Causation
__________ is based on the Bible's New Testament teachings.
Christianity
A hospital that is not affiliated with a religion refuses to hire an Iranian because of the perception that he may be a terrorist. A nurse at the hospital learns of this and publicly opposes this discrimination. As a result of this, the nurse's employment is terminated from the hospital. Under what law could the nurse file a private lawsuit against the hospital?
Civil Rights Act
An organization's code that provides guidance for behavior that helps carry out the organization's mission, vision, and values is the:
Code of Ethics.
________ law is derived from judicial decisions.
Common
Which of the following establishes internal mechanisms for preventing, detecting, and reporting criminal conduct?
Corporate compliance programs
The Supreme Court, in __________, held that a competent adult patient has the right to decline any and all forms of medical intervention, including lifesaving or life-prolonging treatment.
Cruzan v. Director, Missouri Dep't of Health
Which of the following is not a necessary element of an insurance policy?
Determination of fault for incident
__________ is the process of investigating the facts of a case before trial.
Discovery
What is doctor shopping? Explain whether this is legal behavior.
Doctor shopping is not a legal behavior because it involves healthcare fraud by fraudulently sending bills to their insurance company for the same ailment or treatment that is usually not even necessary. Doctor shopping is when a patient goes to different doctors for the same reason, typically to get narcotics and prescription drugs.
A pharmacy manager, prior to leaving work, notifies the attending pharmacist that he is in charge of the pharmacy. Among his duties is to monitor the IV admixture room. Which of the four elements of an act of negligence can be proven here?
Duty to care
An emergency room physician decides not to treat a patient locally, but instead sends the patient to another hospital. Per normal standards of care, which two elements of negligence can be proven here?
Duty to care and breach of duty
What is elder abuse? As a healthcare provider, what steps would you take if you suspected that an eldery patient was the victim of elder abuse?
Elder abuse is the mistreatment of any elderly person, this could be from caregivers or family members and could come in the form of physical or mental abuse as well as financial misuse of their money. There is also sexual abuse, neglect and abandonment are all types of elder abuse. The first thing that I would do if I suspected an elder being abused would be to alert my supervisor, the next step that I would take would be to report it to local hotline or Adult Protective Services and have an investigation opened up. If I suspected that it was coming from another staff member I would also report that staff member to the supervisor so they could handle that situation with that individual(s).
An amendment to the Federal Labor Standards Act that was passed to address wage disparities based on gender is the:
Equal Pay Act.
A hospital refused to discharge nurses who had not paid union dues, which was a requirement of the collective bargaining agreement between the hospital and the nurses' union. Under which law would the hospital be found in violation of the agreement?
Fair Labor Standards Act
A by-laws committee makes recommensations regarding the structure of the medical staff and the peer review process.
False
An IME may be conducted by any licensed general practice phsycian.
False
Corporate structures are the same for every healthcare organization.
False
In every state, healthcare providers are required to keep medical records for seven years and then they can be discarded.
False
In order to obtain informed consent, a nurse must tell the patient all potential risks, benefits, and treatment alternatives.
False
Informed consent designed to avoid a lawsuit by meeting legal requirements.
False
Jamie is arrested and charged with a crime. At his trial, the jury will return a verdict of either guilty or innocent.
False
Res judicata is the jury selection process where attorneys question potential jurors to determine their suitability for jury service.
False
Susan is injured in a car accident and the ambulance takes her to the closest hospital, Bay View Hospital. Susan demands to be transferred to Valley Hospital. Pursuant to the requirements of EMTALA, Bay View Hospital can immediately transfer her as requested without any requirements.
False
The Director of Nursing and the Director of Patient Services would be responsible for remediating problems contained in a RFI from the Joint Commission.
False
The Tennessee Supreme Court is the highest court in the country.
False
The main source of lawsuits for hospitals is pharmaceutical errors.
False
The primary function of the legislative branch is the resolution of conflict under the law.
False
The standard of care for a float nurse is reduced based on their inexperience.
False
True or False? If necessary, a mediator can force a settlement in a legal complaint.
False
True or False? In a negligence lawsuit, at least three of the four elements of negligence must be proven for a plaintiff to recover damages.
False
True or False? Insurers are responsible for defending or providing coverage for intentional torts
False
True or False? Rules and regulations by the National Labor Relations Board allow up to three collective bargaining units in healthcare organizations
False
True or False? States with malpractice liability caps have found that the caps resolve the issue of high malpractice insurance premiums for physicians.
False
True or False? The Omnibus Budget Reconciliation Act of 1987 makes it clear that restraints are to be applied as a first option rather than a last resort in the control of a patient's behavior.
False
True or False? When a medical record is introduced as evidence in a court proceeding, the primary care physician normally testifies as to the manner in which the record was produced and the way in which it is protected from unauthorized handling and change.
False
Verbal consent to treatment is invalid.
False
The National Practioner Data Bank should be checked every five years during the re-credentially process.
False (every 2 years)
Which of the following terms is used to describe the unlawful restraint of an individual's person liberty or the unlawful restraint or confinement of an individual?
False imprisonment
This type of nurse rotates from unit to unit based on staffing needs.
Float nurse
A patient has a right to ask a caregiver which of the following?
For clarification of caregiver instructions
The American College of Surgeons was founded in 1913 under the leadership of:
Franklin H. Martin.
___________ are genes or DNA sequences with a known location on a chromosome that can be used to identify specific cells and diseases, as well as individuals and species.
Genetic markers
A mobile phone app used by clients of a healthcare organization is hacked and the protected health information of hundreds of clients is stolen. According to which law could the healthcare organization be held financially responsible?
Health Information Technology for Economic and Clinical Health Act
What is healthcare fraud? (Be sure to discuss the prevalence of healthcare fraud, as well as, the financial effect of such fraud.)
Healthcare fraud is any unlawful act or deception that is done for personal gain. It could range anything from a facility saying that a telecommunications visit between a patient has been completed when it fact it has not, or billing for procedures that were not needed or not even performed on the patient. The prevalence of healthcare fraud today is high and as such the financial effects of these frauds are high as well. Patients have been known to doctor shop, companies and facilities have been known to bill patients/insurance companies wrongly. Especially with telemedicine being a growing type of medical care practice, there has been a lot of "visits" that never happened but the patient and their insurance company are still getting a bill for it. The financial impact of healthcare fraud is extensive, not only to the patients but the insurance companies as well with false claims which adds up to sometimes billions of dollars being submitted by the medical facility.
When caring for the dying, relatives may wish to perform rituals at this time. Rituals such as wearing jewelry, sacred threads, or other religious objects (which should not be removed from the body) and washing of the body by relatives are practiced in:
Hinduism.
__________ is looking forward to something with the confidence of success.
Hopefulness
Which of the following hospitals was most likely typical of the better hospitals of the Middle Ages?
Hotel-Dieu of Paris
How long should medical records be retained?
How long a medical record should be retained varies from state to state and is not at one set certain time frame.
__________ describes the study of inheritance as it occurs in human beings. It includes such areas as stem cell research, clinical genetics (e.g., genetic disease markers), and molecular genetics.
Human genetics
To recover for damages for false imprisonment, what must a plaintiff must prove?
In order to recover for damages for false imprisonment, a plaintiff must prove that they were aware of the confinement and have no reasonable means of escape.
Which of the following statements regarding a Management Service Organization (MSO) is true?
It can be hospital affiliated, a hospital-physician joint venture, physician owned, or investor owned.
Why is it important that medical professionals have malpractice insurance, even if they work for a healthcare organization that has liability insurance?
It is important for medical professionals to have malpractice insurance because even if the healthcare organization has liability insurance, the employee can still be held financially liable for any cost that occurs related to any negligent act by that employee. It also helps to protect their professional reputation and personal assets. Most healthcare organizations require their medical staff to carry their own personal malpractice insurance as well and they can require their staff to prove their coverage.
__________ published a book in 1775 describing the frightful conditions existing in hospitals.
John Jones
Which of the following is not good advice to follow when charting a patient's record?
Leave progress notes unsigned to ensure the privacy of caregiver.
This type of nurse must graduate from a state approved program and pass a state licensing exam
Licensed Practical Nurse
__________ is a government program administered by the states to provide medical services to the poor and medically needy.
Medicaid
__________ is a federally sponsored health insurance program for persons older than 65 years of age and certain disabled persons.
Medicare
In order to be a registered nurse, a person must pass this exam.
NCLEX
__________ defines certain conduct of employers and employees as unfair labor practices and provides hearings on a complaint that such practices have occurred.
National Labor Relations Act/The Wagner Act
__________ implies that one will reluctantly put up with another's beliefs—in other words, they simply tolerate the view of others.
Negative tolerance
Congress, after months of contentious debate, by a slim margin enacted the __________, increasing, by approximately 30 million people, the number of Americans covered by health insurance and lowering the cost of the insurance.
Patient Protection and Affordable Care Act
__________ involves the systematic collection and analysis of patient-specific data that are necessary to determine a patient's care and treatment plan.
Patient assessment
Emergency rooms are considered vital to public safety. Which of the following statements is true?
Patients cannot be turned away.
What is the definition of malfeasance?
Performance of an unlawful or improper act
The Comprehensive Drug Abuse Prevention and Control Act of 1970 does which of the following?
Places all substances that are regulated under existing federal law into one of five schedules
__________ implies that a person accepts differences in others and that one does not expect others to believe, think, speak, or act as himself or herself.
Positive tolerance
The basic objectives of tort law litigation are:
Preservation of peace, culpability, deterrence and compensation
__________ is when two people cause an injury and are held equally liable for the entire judgment awarded by the court.
Pure joint and several liability
__________ serves a moral purpose by providing codes of conduct for appropriate behavior through revelations from a divine source.
Religion
What is respondeat superior?
Respondeat Superior is a legal document that holds employers liable for any wrongful acts done by their employees.
Which U.S. Supreme Court decision allowed for a woman's right to make the decision to have an abortion?
Roe v. Wade
In 2002, the __________ was enacted as a result of the misconduct committed by executives, which resulted in massive economic losses to their employees and investors.
Sarbanes-Oxley Act
__________ is when a healthcare facility no longer purchases a policy of malpractice insurance but instead periodically sets aside a predetermined amount of its own funds as a reserve against malpractice losses and expenses that might occur.
Self-insurance
__________ implies that there is purpose and meaning to life.
Spirituality
__________ are established by legislative bodies.
Statutes
__________ involves the use of embryonic stem cells to create organs and various body tissues.
Stem cell research
In which legal document is the right to privacy implied?
The Constitution
Explain when and by who the National Practitioner Data Bank is accessed.
The National Practitioner Data Bank is accessed by any healthcare professional. The site can also be accessed by insurance companies or by medical professionals themselves if they want to do a self-query on themselves. Healthcare organizations use it particularly when doing a check on potential job applicant to ensure that they check out okay and are in good standing in the data bank system. Another words they have not had any complaints or claims of wrong doing reported to the data bank on them and that they have the credentials that they say they do.
What power does the Norris-LaGuardia Act limit?
The Norris-LaGuardia Act limits the power of federal courts to issue injunctions in cases involving or growing out of labor disputes. The main purpose is to reduce the number of injunctions granted to restrain strikes and picketing.
Why was the Privacy Act of 1974 enacted?
The Privacy Act of 1974 was enacted to help safeguard individual privacy from the misuse of federal records, to give individuals access to their records that are being kept by a federal agency and to establish a Privacy Protection Safety Commission.
You have been subpoenaed to testify as a witness in a medical malpractice trial. As you prepare to testify, you meet with the attorney. What advice will the attorney give to you? (You should include at least four pieces of advice to be a good witness.)
The attorney would give advice such as to read over the documents in the medical malpractice trial so I would be confident and aware of what they may ask. Answer only the questions that are asked, do not add or volunteer anymore information than what is required. Be polite, sincere, and courteous at all times and dress appropriately and look neat and clean. Do not show any visible signs of displeasure towards anything that is said especially when it concerns something that you disagree with. If you are not sure of an answer, be honest and tell them that you are uncertain rather than try to come up with something.
In countersuits for frivolous negligence actions, courts generally do not find in favor of the countersuing party. What do the courts fear could happen if they did?
The courts fear that if they did find favor in the countersuing party that it would discourage valid malpractice suits because of the fear of a possible countersuit
Explain the difference between a felony and a misdemeanor.
The difference between a felony and a misdemeanor has to do with the severity of the crime. A misdemeanor is punishable by less than a year in jail and/or a fine. A felony is typically punishable by more than a year in a state or federal penitentiary.
What are the elements of a contract?
The elements of a contract are as follows and must be either executed in writing or agreed to orally: offer/communication, consideration, and acceptance. Offer/communication is a promise from one party to another to do or not do something. That offer must be communicated to the other party as well. Consideration requires that each party involved must give up something in exchange for something else. The last and final part of a contract the acceptance must be accepted and understood by both parties.
To prove the infliction of emotional distress, which of the following would the plaintiff not need to prove?
The emotional distress can be accurately measured.
What are the four basic objectives of tort law?
The four basic objectives of tort law are preservation of peace, culpability, deterrence, and compensation.
What is the general standard of acceptable care based on?
The general standard care of acceptable care is based on what a hypothetical "reasonably prudent person" would or would not do under similar circumstances.
If the settlement cost that the insurance company pays to the injured party exceeds the maximum limit stated in the insurance policy, who pays the damages that exceed the policy limits?
The insured professional
Which of the following could be considered negligence on the part of the manufacturer in a products liability case?
The manufacturer failed to provide safety instructions for the users of the product.
In Wickliffe v. Sunrise Hospital, the Nevada Supreme Court held that the level of care the hospital must conform to is which of the following standards?
The nationwide standard
Antonio is involved in a serious motor vehicle accident. He is unconscious upon arrival to the hospital and is suffering from significant blood loss. His vitals are very weak. How should the hospital handle obtaining Antonio's informed consent?
The physician should presume that the patient consents to treatment begin treatment immediately.
For a physician to prevail in a countersuit for a frivolous claim against a plaintiff, which of the following would the physician not need to prove?
The plaintiff was never injured.
What is the reason why courts are moving away from reliance on community standards of care and applying an industry or national standard instead?
The reason that courts are moving away form reliance on community standards of care and applying an industry or national standard instead is because the national standard is the most currently accepted standard of care on a national basis. Community standards can vary between different communities whereas a national standard is nationally accepted as being the best standard of practice for everyone and in every community, that way there is no difference in the standard of care based on a geographic location.
Why do employees need to comply with sterile technique protocols?
The serious nature of infections and the need to comply with hygiene requirements designed to meet the safe delivery of patient care
Which of the following is considered a drawback of the no-fault system of compensation?
The system's lower administrative costs can be an incentive to file lawsuits.
Patients have a right to receive a copy of which of the following?
Their rights and responsibilities upon admission to the hospital
Which of the following statements about State Medical Boards is true?
They can permanently revoke a physician's license.
Patients have a right to which of the following?
To request a second opinion
A HIPAA security official is responsible for the continuous management of information security policies, procedures, and technical systems in order to maintain the confidentiality, integrity, and availability of information systems.
True
A contract is a special kind of agreement that involves legally binding obligations between two or more people.
True
A corporation is negligent where it fails to maintain a safe facility.
True
A healthcare organization's medical staff is often organized with officers, committees, and by-laws.
True
Alteration of patient records with the intent to deceive another for personal gain is considered fraud.
True
EMTALA is applicable only to hospitals who participate in Medicare.
True
Generally, all healthcare professionals are held to the prevailing standard of care required in their profession.
True
Hospitals have a duty to implement reasonable security measures to protect patients, visitors and staff from the criminal acts of third parties.
True
In a hospital setting, an indepedent contractor may be enough to satisfy the employer/employee relationship in terms of respondeat superior.
True
In an opening statement, the attorneys are attempting to tell a brief overview of their client's story/version of the events.
True
Interrogatories are a series of written questions posed to another party that are answered under oath.
True
Jamie and Lee are going on vacation. They are leaving their three children under the care and supervision of Lee's parents. Prior to leaving, Jamie and Lee execute a limited power of attorney which will enable Lee's parents to make decisions and seek medical treatment on behalf of the children.
True
Medical staff privileges are restricted to those who meet the requirements as set forth in the organizational by-laws.
True
Nicki, a patient, is conscious and mentally competent. Therefore, she has the legal right to refuse to permit a touching of his or her body.
True
Nurse licensure varies slightly from state to state, but each requires that an applicant receive formal professional training and pass a written examination. The basic methods by which boards license out-of-state nurses are: reciprocity, endorsement, waiver, and examination.
True
Patients have a right to be transferred to an appropriate hospital when the admitting hospital is unable to meet a patient's particular needs.
True
Protected Health Information is any info in a medical record that identifies an individual.
True
The Emergency Medical Treatment and Active Labor Act prevents hospitals from refusing to treat patients who are unable to pay.
True
The False Claims Act of 1986 prohibits knowingly making, using, or causing to be made or used a false record to avoid or decrease an obligation to pay or transmit property to the government.
True
The medical staff is responsible to the governing body for quality of care provided by the staff.
True
The three branches of government are the legislative, the executive and the judicial.
True
True or False? The reasonably prudent person doctrine describes a hypothetical person who is put forward as the community ideal of what would be considered reasonable behavior.
True
True or False? When licensing by endorsement, boards determine whether out-of-state nurses' qualifications are equivalent to their own state requirements at the time of initial licensure
True
Ultra vires is acting beyond the scope of the corporate power/authority.
True
Under the Patient Self Determination Act of 1990, each person has the right to make decisions concerning his medical care, including the right to accept/refuse treatment.
True
When questions arise as to whether adequate consent has been given, some courts take into consideration the information that is ordinarily provided by other physicians. A physician must disclose to the patient such information as a skilled practitioner of good standing would provide under similar circumstances, including the potential of complications.
True
The right to a jury trial is guaranteed by the:
U.S. Constitution.
The trial court of the federal court system is the:
U.S. District Court.
The __________ held that the Patient Protection and Affordable Care Act requirement that states rapidly extend coverage or lose existing federal payments was unduly coercive.
U.S. Supreme Court
A court of limited jurisdiction is the:
U.S. Tax Court.
Which dentist developed sulfuric ether and arranged for the first hospital operation under anesthesia?
W.T.G. Morgan
The first psychiatric hospital founded in the United States was located in:
Williamsburg, VA.
__________ is a decision not to initiate treatment or medical intervention for the patient.
Withholding of treatment
Action that claims that one party has breached an agreement by failing to fulfill an obligation is considered to be:
a breach of contract.
A root cause analysis (RCA) is:
a chronological review of an event to identify what, how, why, when, and where an unwanted event occurred in order to prevent reoccurrence of the event.
Incident reports contain statements made by employees and physicians regarding.:
a deviation from acceptable patient care.
A patient is responsible for those injuries resulting from:
a failure to follow physician instructions.
The primary function of a hospital is to provide:
a place to care for the sick and injured.
Patients have __________ to an appropriate hospital when the admitting hospital is unable to meet a patient's particular needs.
a right to be transferred
Patients have __________ requesting information about hospital emergency room, outpatient, and inpatient treatment charges.
a right to transparency when
The Supreme Court, in H.L. v. Matheson, ruled that it is not an undue burden to require that:
a statute setting out a mere requirement of parental notice, when possible, does not violate the constitutional rights of an immature, dependent minor.
Setting up a trust to provide compensation during a plaintiff's lifetime is called:
a structured award.
A patient who is prematurely terminated from treatment by his physician could file a legal action for:
abandonment.
The Patient Self-Determination Act of 1990 provides that each individual has a right under state law (whether statutory or as recognized by the courts of the state) to:
accept or refuse care and formulate advance directives.
Patients must __________ describe the location and severity of their pain, as well as any previous pain management protocols they have followed.
accurately
Any glimmer of uncertainty as to a patient's desire in an emergency situation should be resolved by:
acting in favor of preserving life.
Healthcare professionals have a clear legal and moral obligation to:
adhere to the organization's privacy and confidentiality policies.
Staff members who administer to patients, moving from one patient to another, must wash their hands:
after changing dressings and carrying out routine procedures.
A patient has the right to know the names and positions of any:
all caregivers involved in his or her care.
Malpractice insurance coverage is especially important for:
all health professionals.
Engraved on a limestone pillar dating back to the Sumerians (2920 BC) are pictures of :
an assemblage of wounded soldiers.
Federal regulations require hospital-based researchers to obtain the approval of __________ prior to conducting clinical trials.
an institutional review board
A valid contract requires:
an offer, consideration, and acceptance.
A sentinel event in a healthcare setting is:
an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof.
Physicians are required to report complaints, disciplinary actions, and criminal offenses to the:
appropriate professional licensure board.
is the intentional touching of another's person in a socially impermissible manner, without that person's consent.
battery
Employees and staff have a right to:
be free from sexual harassment.
Professional liability policies vary in:
broadness and exclusions from coverage, as well as the company's interpretation of the language of the contract.
When the skills of a specialist are required in an emergency department, hospitals should:
call in the necessary specialist on-call for assistance. If there is no such specialist, the patient should be transferred after stabilizing to an appropriate facility.
Liability for discrimination:
can be applied in situations in which discriminatory practices can affect the ability of a nonemployee to obtain a job with a third party.
A health care organization:
can require its medical staff to show evidence of professional malpractice insurance.
Patients have a right to:
change their minds and refuse care.
Patients have a responsibility to report to their nurses and physicians:
changes in their medical conditions and level of pain.
Charting by exception requires:
charting significant changes in a patient's condition.
The __________ is a common law principle that prohibits a court or jury, when setting an award, from taking into account that part of the plaintiff's damages that would be covered by other sources of payment.
collateral source rule
The law will enforce contracts only when they are executed between persons who are:
competent to contract.
Each party to a contract must give up something of value in exchange for something of value; this is known as:
consideration.
Falsification of medical records is grounds for:
criminal indictment.
If a healthcare provider shows reckless disregard for the safety of his patients and intentional indifference to any injury that could follow his act(s), he could be charged with or sued for:
criminal negligence.
The __________ regulates the process for addressing violations of criminal law.
criminal procedure
Patients have a responsibility to maintain a record of their physical ailments (e.g., cardiovascular disease), treatments (e.g., surgical procedures), and:
current medications, including dosages and frequency.
The Centers for Disease Control and Prevention has estimated that nosocomial (hospital-acquired) bloodstream infections are a leading cause of:
death.
Evidence furnished by physical things themselves is __________ evidence.
demonstrative
A sworn statement from a witness that can be used as evidence at a trial is called a:
deposition.
Informed consent is:
designed to allow patients to make an informed decisions.
The delineation of clinical privileges is the process by which the medical staff:
determines precisely what procedures a physician is authorized to perform.
A handbook is not generally considered a contract due to a(n):
disclaimer.
When a caregiver questions an order for treatment for a patient, the caregiver should first:
discuss the order or other concerns regarding the patient's care with the attending physician.
The ___________ of a medication is the processing of a drug for delivery or for administration to a patient pursuant to the order of an appropriately licensed healthcare practitioner.
dispensing
If an HMO employs physicians, such as in a Staff-Model HMO, the HMO can be held liable for the negligence of its employees under the:
doctrine of respondeat superior.
A medical record is an example of:
documentary evidence.
Employment at will:
does not abrogate employee rights.
The U.S. Supreme Court consists of:
eight associate justices and one chief justice.
Damages sought for a negligently performed sterilization might include:
expenses related to the negligent performance of the sterilization.
When a new drug of unknown effectiveness is administered to a patient despite other known effective drugs being available, the defendant(s) can be held liable for damages if it can be established that the defendant(s):
failed to obtain informed consent from the patient.
Decisions to grant unemployment benefits are based upon:
fair dealing with the employee.
When a healthcare facility comingles its funds with those of its patients, it violates its __________ with those patients.
fiduciary responsibility
Normally the adequacy or inadequacy of consideration will not affect the:
formation of a contract.
Submission of multiple bills for single office visits is considered a form of:
fraud .
Upcoding medical supplies and equipment and billing for more expensive equipment than that delivered to patients are examples of:
fraud.
Peer review documents are:
generally exempt from discovery.
A wrongful life claim is can be brought by the parents or child claiming:
harm suffered by being born.
Patients have a right to:
have special needs addressed.
Adult patients who are conscious and mentally competent:
have the legal right to refuse to permit a touching of his or her body.
Patients have a right to participate in:
having special needs addressed.
Evidence of what another person has said is considered ___________ evidence.
hearsay
The Centers for Disease Control and Prevention estimates that nearly 2 million patients are injured annually due to:
hospital-acquired infections.
Data bank queries can be made by:
hospitals, state licensing boards, and professional societies.
A vertically integrated delivery system:
in its best form, provides services ranging from primary outpatient care to tertiary inpatient care.
The major difference between bringing a wrongful discharge action in tort rather than in contract is: Correct!
in tort, the court can award punitive damages.
Arkansas code defines partial-birth abortion as an abortion:
in which the person performing the abortion partially vaginally delivers a living fetus before taking the life of the fetus and completing the delivery.
A patient has the responsibility to provide, to the best of his or her knowledge:
information about present complaints, past illnesses, and surgical procedures.
A contract used primarily to hedge against the risk of potential loss is a(n) __________ contract.
insurance
A group practice without walls:
is a physician organization formed for the purpose of sharing some administrative and management costs while continuing to practice at their own locations.
The Comprehensive Drug Abuse Prevention and Control Act of 1970:
is commonly known as the Controlled Substances Act.
Information reported to the data bank:
is considered strictly confidential and cannot be disclosed except as specified in the NPDB regulations.
The scope of services provided by a hospital:
is in a continuing state of change.
Verbal consent:
is more difficult to corroborate.
A whistleblower:
is one who reveals wrongdoing (e.g., financial improprieties) within an organization to a public entity or someone in authority.
Insurance coverage for officers and directors of a corporation should include indemnification for financial losses when:
it can be shown that the trustee acted in good faith and within his or her scope of responsibilities.
Even when a contracted employee's job is secure and job performance is satisfactory, the employee can be terminated with no recourse if:
it is for financial reasons or other legitimate business reasons.
When a physician doubts a patient's capacity to consent:
it may be the duty of the court to assume responsibility of guardianship for a patient who is non compos mentis.
Liability holding both the physician and hospital responsible for a patient' injuries is referred to as:
joint liability.
The __________ rule prescribes that well-known facts (e.g., that fractures need prompt attention and that two X-rays of the same patient might show different results) need not be proven, but rather, they are recognized by the court as fact.
judicial notice
The quality of being considerate and sympathetic to another's needs is to be:
kind
When a third party articulates the respective position and interests of both parties in a legal dispute, and generates options for a mutually agreeable resolution to the dispute, this referred to as:
mediation.
The component of a crime that refers to the "guilty mind" is:
mens rea.
Which invention attributed to Van Leeuwenhoek had a pronounced influence on the creation of the sciences of cytology, bacteriology, and pathology?
microscope
The intentional removal of life-support equipment can be considered the crime of :
murder.
Patients __________ prescribed by the physician.
must not self-administer medications not
A patient not only has rights, but also:
must recognize the effects of his or her lifestyle habits on his or her health.
The physical therapist is running behind schedule and is instructed to move patients through a physical therapy session more quickly. The patient says he needs to go to the bathroom but the therapist informs the 83-year-old patient that he will have to wait until after his 30-minute session. The therapist can be charged with __________ for refusing to allow a patient to go to the bathroom prior to starting a therapy treatment session.
neglect
As far as a duty to care is concerned, a corporation is treated:
no differently than an individual.
Incident reports should:
not be placed in the medical record.
The courts have held, that the consent of a minor's parents to a medical or surgical procedure is:
not necessary when the minor is married or otherwise emancipated.
Ordinary business documents are:
not protected as privileged communications by state statutes.
A solution was prepared by an employee and injected into the patient by a physician. The physician made no examination of the fluid, and the patient suffered permanent injuries as a result of the injection. The court could determine that the physician is:
not responsible for drugs prepared by an employee unless he knowingly could have prevented injury to the patient.
A ________________ is a registered nurse who has completed the necessary education to engage in primary healthcare decision making.
nurse practitioner
Slander is
oral defamation.
Ideally, questionable requests not to participate in a patient's care should be considered for review by the:
organization's ethics committee.
An agent who is believed to be a third person acting on behalf of the principal is referred to as a(n):
ostensible agent.
Assuming the existence of a single not-for-profit tax-exempt hospital, any restructuring undertaken normally involves the creation of at least one additional not-for-profit tax-exempt entity. This entity may be referred to as a:
parent or holding company.
Supervisors do not have the right to:
participate in union activity.
Forcible administration of medication to a patient who does not consent would be considered:
patient abuse.
Employees are responsible for maintaining professional relationships with:
patients, families, physicians, and co-workers.
In governmental hospitals, statutes often limit facility use to:
persons formally associated with the governmental unit operating a particular hospital.
Some __________ believe that dispensing medications to induce abortions is an infringement on their freedom of religion.
pharmacists
The practice of __________ essentially includes preparing, compounding, dispensing, and retailing medications.
pharmacy
The majority of state HMO laws require that the provision of basic health services includes:
physician, emergency, inpatient, and outpatient care
An agent is one who has the power to construct for and bind another person, who is known as the:
principal.
Patients in critical condition should not be discharged or transferred to another facility:
prior to being stabilized.
Torts and contracts are examples of:
private law.
The Age Discrimination in Employment Act of 1967:
promotes employment of older persons on the basis of their ability without regard to their age
A physician's failure to __________ can lead to a patient's death and thus be the proximate cause of a patient's injuries.
promptly review diagnostic test results
Current eugenic sterilization statutes:
provide for vasectomy or salpingectomy as the preferred method of castration.
Damages that are awarded to compensate for gross negligence and to deter wrongdoers (e.g., when there is sufficient evidence of the willful and wanton disregard for the rights of others) are known as:
punitive damages.
Evidence that consists of tangible objects to which testimony refers (such as medical instruments and broken infusion needles) is referred to as ____________ evidence.
real/demonstrative
When members of a hospital council governing body solicit and receive money for special consideration in awarding a project to an architectural firm on a building project, they could be convicted of:
receiving kickbacks.
A formal or informal agreement between state nurse licensing boards to recognize nurse licenses from the other state is called:
reciprocity.
In a Horizontal Consolidation:
recognizing a Congressional intent to preserve competition by preventing undue market concentration, the courts have focused primarily on the possibility that consolidation will substantially lessen competition.
Caregivers have a right to:
refuse to participate in abortions.
The Ethics in Patient Referral Act of 1989:
requires all Medicare providers to report the names and provider numbers of all physicians or their immediate relatives with ownership interests in the provider entity.
In common law, a doctrine holding that a judgment by a court of competent jurisdiction is binding upon the parties in any subsequent litigation that involves the same or similar cause of action is referred to as:
res judicata.
To show special regard to someone or something is to be:
respectful.
A physician on-call in an emergency department is expected to:
respond to requests for emergency assistance when such is considered necessary by the emergency department.
A 1997 report to the President by the Advisory Commission on Consumer Protection and Quality in the Health Care Industry clearly describes a patient's:
responsibilities.
The ethical rationale underlying the doctrine of informed consent is:
rooted in the notions of freedom of choice, liberty, and autonomy.
Dependence on government funding and related programs (e.g., Medicare, Medicaid, and Blue Cross) and the continuous shrinkage occurring in such revenues have forced hospitals to:
seek alternative sources of revenue.
Surrogacy is a method of reproduction whereby a woman agrees to give birth to a child:
she will not raise.
Caregivers:
should listen to what each patient's concerns are.
Employees who become the targets of a vindictive supervisor often have difficulty proving a bad-faith motive. In an effort to reduce the probability of wrongful discharge:
some states have enacted legislation that protects employees from terminations found to be arbitrary and capricious.
A remedy for non-performance of a contract generally includes a request for:
specified performance and monetary damages.
Income earned by tax-exempt organizations from nonexempt activities is:
subject to unrelated business income taxes under the Internal Revenue Code.
The order that calls for a document to be produced by an organization is called a:
subpoena duces tecum.
When questions arise as to whether adequate consent has been given, some courts take into consideration the information that is ordinarily provided by other physicians. A physician must disclose to the patient:
such information as a skilled practitioner of good standing would provide under similar circumstance, including the potential of complications.
Persistent failure of a physician to complete his or her medical records can lead to:
suspension of medical staff privileges
The best way for the human resources manager to prevent negligent hiring litigation for the employer is to become familiar with the risks and avoid hiring workers who are likely to become problematic employees. The organization should:
take appropriate precautions to review each applicant's background and past work behavior.
Wrongful conception refers to a claim for damages sustained by the parents of an unexpected child based on an allegations that:
the conception of the child was due to negligent sterilization procedures.
Medical malpractice insurance is affected by:
the cyclical nature of the insurance market, new technology, and treatments.
The Court of Appeals, in the text case Stepp v. Review Board of the Indiana Employment Security Division, where the laboratory technician refused to perform chemical examinations on vials with AIDS warnings, found that:
the employee was dismissed for just cause.
Following an operation, a patient is bleeding seriously because she was improperly sutured by the physician. The attending physician is not present at the hospital. The nurse is aware of the patient's serious condition and notifies the physician, but does not notify her supervisors. If the patient dies, who is liable?
the hospital.
The director of nursing at a nursing facility was fined for failure to report an instance of patient neglect. In one incident, a patient had been left unattended in a shower by an orderly, and the patient sprayed himself with hot water, which resulted in second-degree burns on his forehead. Upon investigation, the department of health determined:
the incident constituted patient neglect.
When a healthcare organization allows an unsafe condition to exist on its property and does nothing to address it, and a visitor gets injured, the organization will be held out liable because:
the injury was foreseeable and the organization had a duty to care.
In 1918, the American College of Surgeons drew up a "constitution" for hospitals setting forth the requirements for the care of the sick. This document was known as:
the minimum standard.
Various states recognize that nurses can render a nursing diagnosis. Where a defendant physician ignores a nurse's assessment of a patient's diagnosis and the patient is injured, the court would most likely determine that:
the physician, by ignoring the nurse's assessment, contributed to a delay in treatment and injury to the patient.
A psychiatrist owes a duty to warn of his patient's danger to a third party if:
the psychiatrist determines that the patient poses a serious threat of harm to a foreseeable victim or victims.
Defenses available to defendants who have been sued on the basis of failure to provide their patients with sufficient information to make an informed decision include:
the risk not disclosed is commonly known and does not warrant disclosure.
In 1992, the Supreme Court, in Planned Parenthood of Southeastern Pennsylvania v. Casey, determined that:
the state has power to restrict abortions after fetal viability, as long as the law contains exceptions for pregnancies that endanger a woman's life or health.
When a patient is in an irreversible coma and his or her right to refuse treatment is in question, the court balances:
the state's interest in preserving and maintaining the sanctity of human life against the patient's right to self-determination.
A Navy veteran successfully underwent coronary bypass surgery at the Veterans Affairs Medical Center. However, he was injured as a result of being left unattended for several hours by nursing personnel in the intensive care unit. The veteran suffered anoxic brain injury following a complication with his endotracheal tube. A lawsuit was filed and the court determined:
the trial court properly required the federal government to make an immediate lump-sum payment of future medical damages to the veteran.
Before surgery, if a patient is not told about the risks and benefits of the operation:
there has been a failure to provide informed consent.
Employers have a responsibility to:
treat employees with dignity and respect.
Medical __________ is the attempt to restore the patient to health following a diagnosis. It is the application of various remedies and medical techniques, including the use of medications, for the purpose of treating an illness or trauma.
treatment
Those who are enrolled in Point-of-Service (POS) plans:
use primary care physicians as gatekeepers to coordinate and control their medical care.
Sexual harassment includes:
verbal comments and physical touching.
When a patient is clinically unable to give consent to a lifesaving emergency treatment, the law provides that:
when an emergency situation does arise, there may be little opportunity to contact the attending physician, much less a consultant; thus, consent is implied.
Sexual conduct becomes unlawful:
when it is unwelcome by the victim
Caregivers have a right to refuse to participate in certain aspects of patient care and treatment when there is a conflict:
with one's ethics or religious beliefs.
Employees who feel they have been discriminated against under the Equal Pay Act may file a complaint:
with the Equal Employment Opportunity Commission.
The __________ of treatment is a decision to discontinue treatment or medical interventions for the patient.
withdrawal
Caregivers should be sure to:
write legibly on all forms and reports.
It is always the desire of all parties to a contract to reduce it to:
writing.
