HITT1353_ Chapter 8 - Consent to Treatment

Carrying out the wishes stated in a living will applies to which of the following patients, who is incompetent due to an illness? A 14-year-old girl A 40-year-old man who was born with severe mental retardation A 63-year-old woman who talked about creating an Advance Directive, but never did A 90-year-old man who created an advance directive while he was competent

A 14-year-old girl

The end-of-life controversy in the Terri Schiavo case included _____. Who in a family can determine to end life support A dispute about how much evidence was required to determine Ms. Schiavo's wishes A question about the authority of legislative bodies to intervene in judicial matters A dispute about removing a ventilator from a mentally incompetent patient

A question about the authority of legislative bodies to intervene in judicial matters

State laws most likely permit a minor to consent on their own behalf for which of the following conditions? Tonsillitis Carpal tunnel syndrome Alcohol addiction Fractured femur

Alcohol addiction

A do-not resucitate order... Is a type of advance directive Is used only in emergency situations May be revoked at any time All of the options are correct

All of the options are correct

The Uniform Anatomical Gift Act... Promotes consistency among state laws Provides suggested standards for all aspects of organ donation Includes an opt-in system for organ donation All of the options are correct

All of the options are correct

In In Re Quinlan, the court held that... An incompetent individual has no right of privacy to terminate treatment An incompetent individual has a right of privacy to terminate treatment An incompetent individual's guardian cannot decide if that individual would refuse treatment None of the options are correct

An incompetent individual has a right of privacy to terminate treatment

In In re Quinlan, the court held that _____. An incompetent individual has no right of privacy to terminate treatment An incompetent individual has a right of privacy to terminate treatment An incompetent individual's guardian cannot decide if that individual would refuse treatment None of the options are correct

An incompetent individual has a right of privacy to terminate treatment

A physician who performs a surgical procedure on a patient without obtaining the patient's consent may be liable for... Assault Battery Nonfeasance Negligence

Battery

Emancipated minors are defined as those who have... Reached age 17 Gotten married Disowned their parents Been afforded legal status as an adult

Been afforded legal status as an adult

In the Cruzan case, the Missouri Supreme Court held that no one can make end-of-life choices on behalf of an incompetent person without... Probable cause preponderance of the evidence Proof beyond a reasonable doubt Clear and convincing evidence

Clear and convincing evidence

Consent that is conveyed through spoken or written words is... Implied Informed Express Unilateral

Express

A living will... Enables another to make healthcare decisions for an individual Is written when an individual is alive, but applies when the individual dies. Always takes precedence over a durable power of attorney for healthcare if both exist Expresses an individual's healthcare wishes when specific health conditions exist

Expresses an individual's healthcare wishes when specific health conditions exist

IRBs may waive the informed consent requirement for research that only involves retrospective record of patient records. True False

FALSE

A decision to be an organ donor can only be made by an adult (person of legal age). True False

False

A durable power of attorney for healthcare decisions expresses an individual's wishes to limit treatment measures when specific health-related diagnoses or conditions exist and the individual cannot communicate on his own behalf. True False

False

A healthcare organization can confidently follow the wishes expressed in a properly executed advance directive, even if the patient (who is competent) has changed his or her mind. True False

False

An emancipated minor is one who has not been afforded legal status as an adult. True False

False

Healthcare providers should encourage patients to waive consent. True False

False

If it is considered a springing DPOA for healthcare decisions, the agent will have decision-making power in all circumstances. True False

False

The technical process for executing a living will is standardized nationally. True False

False

A patient who signs a consent form authorizing hospital staff to perform interventions necessary for overall medical care. This consent is... General Specific Implied Oral

General

Select the statement that best describes HIPAA'S stance in regard to human subjects research and informed consent? HIPAA does not address informed consent and human subjects research HIPAA allows an organization's IRB to combine informed consent with authorization for use and disclosure of a research subject's health information HIPAA requires only one informed consent to be used in human subjects research None of the options are correct

HIPAA allows an organization's IRB to combine informed consent with authorization for use and disclosure of a research subject's health information

Mr. Smith fell off his roof while cleaning the gutters on his home and is brought into the ER comatose. He does not have the capacity to communicate consent to his treatment, thus... The staff cannot treat him His consent is expressed so he can be treated by the ER staff His consent is implied by law so ER staff can treat him None of the above

His consent is implied by law so ER staff can treat him

Informed consent requires informing the patient of all of the following except... Nature and pupose of proposed treatment Risks and benefits of proposed treatment Alternatives to proposed treatment Hospital charges versus amount covered by insurance

Hospital charges versus amount covered by insurance

Consent that is conveyed through a person's conduct is... Express Informed Unilateral Implied

Implied

If a proposed medical intervention is related to a research study... consent is not required Institutional review board approval is required Consent is only required if the risk of death is significant Consent is only required if there is a risk the patient will bet drop out

Institutional review board approval is required

If it is not durable, a power of attorney (POA) is effective.... Only when the principal has capacity Only when the principal is mentally incompetent Only when the principal is not in control of themselves Only when the principal has capacity and is mentally incompetent

Only when the principal has capacity

Laws that require drivers to consent to blood alcohol tests, with penalties for refusal, exist to... Harass citizens Promote business for medical facilities Protect the public None of the options are correct

Protect the public

Advance directives... Are prohibited by federal law Are not legal documents, so they can be disregarded by providers and judges Provide a way for physicians to ensure that life-saving treatment is given, regardless of an individual's wishes. Provide a way for individuals to communicate their healthcare wishes before they become incapacitated.

Provide a way for individuals to communicate their healthcare wishes before they become incapacitated.

The Uniform Health-Care Decisions Act (UHCDA) _____. Provides no legal immunity to providers Provides an additional option to creating advance directives Negates the effect of advance directives, even if they comply with the UHCDA Does not allow a surrogate to be appointed in the absence of an advance directive

Provides an additional option to creating advance directives

Under the Common Rule, informed consent for human subjects in research studies may be waived if... Obtaining consent will take too much time Obtaining consent will be too costly The human subjects agree to a waiver The IRB approves a waiver

The IRB approves a waiver

When a competent adult refuses to consent to lifesaving treatment, the two competing sets of interest that come into play are the individual's privacy interest and... The physician's interest in saving lives The government's interest in collecting taxes from living individuals The government's interest in protecting and preserving human life The physician's interest in persuading a patient to seek and pay for treatment

The government's interest in protecting and preserving human life

Mr. Jones has been experiencing abdominal pain. Removal of his gallbladder has been recommended. Who is responsible for obtaining Mr. Jones' informed consent? The surgical nurse who will assist during surgery The physician who will be performing the surgery The administrator in the surgery department The anesthesiologist who will be administering general anesthesia

The physician who will be performing the surgery

A competent adult's right to refuse consent to medical treatment applies even when the treatment is lifesaving. True False

True

A person must give permission to receive medical treatment through express consent. True False

True

General consent allows healthcare providers to provide routine noninvasive services. True False

True

In right-to-die cases, courts will balance an individual's right to self-determination against the interest of the state. True False

True

Informed consent should include alternatives to the proposed treatment or procedure. True False

True

So-called long consent forms are only associated with human subjects research. True False

True

State laws generally allow minors to seek medical treatment for sexually transmitted diseases without parental consent. True False

True

The Patient Self-Determination Act requires hospitals that are Medicare providers to document in the health record whether an individual has an advance directive. True False

True

The Uniform Anatomical Gift Act permits an anatomical gift by any person designated to make decisions about a decedent's remains, as long as no objections are known. True False

True

The basis for a lack of informed consent claim is generally negligence. True False

True

The battery is the usual basis of a claim for which an individual did not give consent for a procedure that was performed. True False

True

The law permits a presumption of consent during emergency situations. True False

True

The use of short consent forms generally requires the signature of a witness to the explanation of risks, benefits, and alternatives. True False

True

Unless it is designated as durable, a power attorney is only effective when the principal has capacity. True False

True