Legal and Ethical Issues for health professions Final
Which of the following is an example of workplace violence?
An office manager yells and insults the medical receptionist in private, A patient with dementia hitting a nurse while she is taking his blood, An angry patient following a medical biller to her car for overbilling. Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that causes fear for personal safety in the workplace. It can be a verbal threat or a physical altercation, and can involve employees, clients, customers, or visitors.
Instead of going to court, the two parties decide to hire a person to decide on the outcome of the case. This is called
Arbitration. Both parties may agree to try alternative methods instead of taking a case to court. One method is arbitration, where a neutral person called an "arbitrator" hears arguments and evidence from each side and then decides the outcome of the dispute.
Which of the following is an example of professionalism?
A nurse calms a patient down when he becomes upset. For healthcare professionals to conduct themselves professionally, they must leave personal problems out of the work environment and maintains a high level of integrity. They must not react to situations with emotion but with thoughtful assessment and appropriate response. They must communicate clearly and not divulge confidential patient information.
Which of the following is permissible to ask a candidate during a job interview?
Are you able to lift 50 pounds or more? There are many laws and regulations that prevent discrimination during the hiring process. This includes asking the applicant about his or her age, religion, disability, race or nationality, and disability. However, it is legal to ask about any physical impairment that would prevent him or her from performing the position.
A certified nursing assistant threatens patients that she will hit them if they make too much noise. This is an example of
Assault. Assault is placing someone in immediate fear or apprehension of harmful or unpleasant touching without the person's consent. To commit an assault, the person must be aware, or fearful, that the other person is about to make unwanted physical contact with him or her.
An example of civil law is
A physician misdiagnosis a patient's disease resulting in complications. Civil laws are laws that protect the private rights of person or a person's property, and include the areas of law such as contracts, property, negligence, malpractice, labor, privacy issues, and family law. Common violations of civil law against healthcare providers often include allegations of failures to provide care that meets the standard of care, resulting in harm or injuries to the patient.
Which of the following must be done before the US Supreme Court may hear a case?
A writ of certiorari must be submitted. For the Supreme Court to hear a case, a verdict must be given by a lower court and then appealed in the appellate court. To request a review of the appeal, the party must submit a writ of certiorari to the Supreme Court to grant a review.
Which is true regarding employment-at-will?
A written contract will automatically invalidate the state's employment-at-will law. An employment-at-will is designed so that either party may discontinue the employment agreement at any time. Almost every state recognizes employment-at-will employment, although many states place limitations on it. These may be found and even presented as a contract, especially for per diem or temporary employee.
A physician performs a routine pelvic exam on a pregnant woman to check for dilation without her consent. This may be a case of
Battery. An assault is the threat of bodily harm that reasonably causes fear of harm in the victim while battery is the actual physical impact on another person.
All the following are types of tort except
Battery. Tort is civil law violation. Malpractice is a type of negligence, and negligence and liability are types of torts. Battery is a criminal violation and not a civil law violation.
Which of the following are examples of group ethics?
Being a member of a political party, Membership in the American Medical Assistant Association, Being born from a specific country. A system of principles and rules of conduct accepted by a group or culture is called group ethics. This may be based on ethnic group, political affiliation, or profession.
The Joint Commission is the main organization that oversees this for hospital, laboratories, nursing homes, and ambulatory health clinics?
Accreditation The Joint Commission accredits more than 21,000 healthcare organizations and programs in the United States.
Laws and regulations enforced by the Occupational Safety and Health Administration (OSHA) are examples of
Administrative law. The four primary sources of law in the United States are constitutional, statutory, administrative, and common or case. The rules and regulations of the Occupational Safety and Health Administration (OSHA) are administrative laws.
Which of the following provides guidance for the healthcare organization and staff to ensure compliance and that policies are followed?
All of the options An employee handbook and compliance plan provide written sets of policies and procedures for organizations and employees to follow. Additionally, the Office of the Inspector General offers guidelines on how to create and implement a compliance program for individual and small group physician practices and larger healthcare organizations.
A patient files a lawsuit against a physician for malpractice after the patient suffered complications from a procedure. To determine that there was a breach of standard of care, which of the following must be met?
All of the options Malpractice requires proof of a breach of a standard of care, and the breach must cause damage or harm. The standard of care in a medical malpractice case is: the type and level of care an ordinary, prudent, healthcare professional, with the same training and experience, would provide under similar circumstances in the same community.
Which of the following is protected under the Affordable Care Act?
All of the options Protections under the Affordable Care Act include the following: preventive care coverage at no cost to the patient; no lifetime limits on insurance coverage; coverage for patients with preexisting conditions; extended coverage for young adults; and removal of insurance barriers for emergency services.
Which of the following is guaranteed under the Patient's Bill of Rights?
All of the options The Patients' Bill of Rights' guarantees include: the right to respectful care; the right to receive current, relevant, and understandable information; the right to know the identity of everyone involved in their care; the right to make decisions about the plan of care prior to undergoing treatment; and the right to privacy.
Which of the following would be a violation of the federal laws for bill collection?
Calling a patient at 6:30 in the morning to discuss an overdue payment Many laws protect patients and how they are treated with regards to payments and credit. One such law, the Fair Debt Collection Practices Act, prohibits debt collectors, including physician office staff, from contacting patients at odd hours, and harassing them with repeated phone calls and threats.
The federal courts will hear cases involving all the following except
Child custody dispute during a divorce case. Federal courts will hear and decide on cases with issues of federal law, such as constitutional rights, tax, intellectual property, and federal crimes, or cases between residents of two different states or countries.
A woman is denied a job because she is pregnant. This would be a violation of which law?
Civil Rights Act of 1964 The Pregnancy Discrimination Act of 1978 amended the Civil Rights Act and prohibited discrimination based on pregnancy and other related medical conditions.
Blood and urine tests would be regulated by which of the following laws?
Clinical Laboratory Improvement Act The Clinical Laboratory Improvement Act of 1988 (CLIA) is a group of laws that regulates all laboratory facilities for safety and handling of specimens, and monitors the accuracy and timeliness of testing.
A patient is injured due to a hospital error. She is compensated for her inability to work and for a wheelchair she will need to use. Which type of compensation for damages is this?
Compensatory damages Compensatory damages provide compensation for loss of income, medical and hospital bills, physical therapy, and medical equipment, as well as pain and suffering, mental anguish, loss of quality of life, or loss of the ability to work
Genetic screening may be used to detect all the following except
Delivery date. Genetic screening and counseling may be used to identify genetic diseases and conditions during the pregnancy, such as phenylketonuria (PKU), sickle cell anemia, Down syndrome, cystic fibrosis, and Tay-Sachs disease.
A surgeon amputates the wrong leg. This would meet which of the following conditions for malpractice?
Dereliction or breach of duty The four legal conditions must be established in a case of malpractice: duty, dereliction of duty, direct cause, and damages. A dereliction of duty, or breach, occurs when one party or parties has a duty of care toward another party or parties, but fails to live up to that reasonable care or standard. The surgeon had a duty to amputate the correct leg but did not.
All are types of employment protection laws except
Due Process Act. The US Department of Labor, in coordination with state labor departments, enforces over 180 employee protection laws. These include the Family Medical Leave Act, the Patient Protection and Affordable Care Act, the Occupational Safety and Health Act, and the Americans with Disabilities Act.
A physician is driving home from the hospital and witnesses a car accident. If the physician stops to help at the accident scene, he may be establishing which of the following conditions for malpractice?
Duty The four legal conditions must be established in a case of malpractice: duty, dereliction of duty, direct cause, and damages. Duty is the existence or the establishment of a legal responsibility on the part of the physician or healthcare provider to provide care or treatment to the patient.
A surgical nurse is asked to participate in a surgery to terminate a pregnancy. She is morally against abortion but participates because her job entails it. This is an example of which of the following ethical theories?
Duty-based ethics Duty-based ethical theory is based on the duty of an individual to a society, group, or organization and focuses solely on the obligation of the individual to perform his or her responsibility and duty, no matter what the circumstances.
Although it is against her religion, a surgeon performs a procedure to terminate a pregnancy. This is an example of which of the following ethical theories?
Duty-based ethics This theory is based on the duty of an individual to a society, group, or organization. It focuses solely on the obligation of the individual to perform his or her responsibility, no matter what the circumstances.
A man with a gunshot wound arrives at the emergency room. He states that he has no health insurance and is unable to pay. The hospital refuses to provide any medical services. This is a violation of which law?
Emergency Medical Treatment and Active Labor Act. Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal law that requires anyone coming to an emergency department to be stabilized and treated, regardless of their insurance status or ability to pay. The hospital or emergency department cannot turn anyone away, but instead must provide a medical screening of the injured person and stabilize the person to the extent possible.
Which of the following laws protect patients from being denied emergency services?
Emergency Medical Treatment and Active Labor Act. The Emergency Medical Treatment and Active Labor Act (EMTLA) of 1986 requires any hospital emergency room that receives payments from Medicare and Medicaid to provide an appropriate medical screening to any patient seeking treatment.
Under the Americans with Disabilities Act, which of the following is considered "reasonable" accommodations?
Examination tables must be accessible to patients in wheelchairs, Staff or services must be available for patients with visual or hearing impairments, Doorways must be a specific width. The Americans with Disabilities Act (ADA) of 1990 requires that facilities make "reasonable" accommodations for any individual to make the environment equal and fair. These standards apply to making more accessible doorways, parking lots, and equipment. Staff and providers must be trained to communicate effectively with patients who may have cognitive, vision, hearing, and speech disabilities.
The branch of the government that is able to veto laws and enforces them is
Executive. The three branches of government are legislative, executive, and judicial. The executive branch proposes legislative action to be taken by individual legislators, either vetoes or approves laws agreed upon by the legislature, and enforces the laws. The executive branch also proposes and establishes certain agencies to enact rules and regulations that become administrative law.
All the following are types of dereliction or breach of duty except
Feasance. There are generally three types of derelictions of duty (or feasance): malfeasance, nonfeasance, and misfeasance.
Which of the following organization approves medical research and the use of drugs in the United States?
Food and Drug Administration (FDA) The Food and Drug Administration (FDA) is responsible for protecting and promoting public health through the control and supervision of food safety, tobacco products, dietary supplements, prescription, and over-the-counter pharmaceutical drugs (medications).
While grocery shopping, a nurse witnesses a man collapse and stop breathing. She begins CPR and the man survives but suffered multiple complications. His family sues the nurse for negligence. Which law would protect the nurse from being sued?
Good Samaritan laws The Good Samaritan law provides basic legal protection for those who assist a person who is injured or in an emergency situation as long as the actions are not reckless and does not needlessly endanger the person the individual is trying to assist.
A medical assistant fails to take a patient's blood pressure during triage. As a result, the patient suffers a stroke. Which type of dereliction of duty is this?
Nonfeasance A nonfeasance is a failure to perform an action that should have been taken, such as the taking of the patient's blood pressure.
The Hippocratic Oath of prescribing only beneficial treatment and to refrain from causing harm or hurt is which of the following general ethical principle?
Nonmaleficence The Hippocratic Oath is an oath traditionally taken by new physicians where they pledge to prescribe only beneficial treatments, according to their abilities and judgment; to refrain from causing harm or hurt; and to live an exemplary personal and professional life. Nonmaleficence is the ethical principle of "do no harm" to the patient or to the least amount of people in society.
A laboratory technician drops a vacutainer and some blood spills on him. There is no available personal protective equipment or supplies in the lab to clean the spill. This would be a violation of which law?
Occupational Safety and Health Act The Occupational Safety and Health Act requires employers to provide employees with an environment free from recognized hazards, or unsanitary conditions. Employee protection would include providing lumbar support braces for heavy lifting, protective gloves, eye-wash stations, and goggles and gowns.
Which of the following is a federal agency that helps to monitor quality control, safety, and ethics of healthcare organizations?
Office of Inspector General The Office of Inspector General (OIG) is an independent agency that functions under the Department of Justice and the US Department of Health and Human Services. There are more than 70 OIG offices throughout the United States that help to monitor and combat fraud, waste, and abuse.
A physician is suspected of overbilling Medicare for medical services. Which agency would investigate these claims?
Office of Inspector General The Office of Inspector General (OIG) targets hospitals and healthcare systems to enforce Stark Law, which prohibits physician self-referral, and anti-kickback Statute, which prohibits illegal remuneration involving any federal healthcare programs, such as Medicare or Medicaid.
Which of the following outlines the basic rules of conduct and interaction between patients and healthcare professionals?
Patient's Bill of Rights The Patient's Bill of Rights in 1973, and revised it in 1992, outlined basic rules of conduct and interaction between patients and healthcare professionals to ensure the delivery of safe and effective patient care.
A patient undergoes an endoscopy. The endoscope was not properly sterilized, resulting in the patient developing an infection. This is an example of which type of tort?
Strict liability There are four types of torts: negligence, strict liability, intentional torts, and quasi-intentional torts. Strict liability is when a person places another person in danger, even in the absence of negligence, simply because that person is in possession of a dangerous product, animal, or weapon. Most cases of strict liability are regarding defective products.
A woman agrees to be inseminated with a married couple's fertilized embryo. This is an example of which type of assisted reproductive technology?
Surrogacy Surrogacy is a method of assisted reproduction technology that helps a party start a family when that party otherwise could not. The most common case of surrogacy is when a woman, a gestational surrogate, agrees to carry the fertilized embryo of a married couple for a female unable to carry the child.
Which two documents guarantee fundamental rights such as privacy, equal protection, and freedom of speech and religion?
The Bill of Rights and the US Constitution The Constitution and the Bill of Rights are two historical documents that guarantee certain fundamental freedoms to individuals. They affect the healthcare system by providing the fundamental rights to privacy, equal protection, and freedom of speech and religion.
Which is the most common type of civil law violation?
Tort Tort is the most common type of violation against civil law. A tort is a civil case which results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation. Tort cases can take many different forms, and can relate to an individual's personal safety, safety of his or her property, and financial security.
The Office of the Inspector General's compliance plan recommends focusing on which of the following areas except
Training and education. The Office of Inspector General recommends the focus of a compliance plan include: coding and billing; reasonable and necessary services; documentation; and improper inducements, kickbacks, and self-referrals.
A risk management team would oversee which of the following?
Training staff employees on new hospital policies, A patient filing a lawsuit against a hospital's physician, and Monitoring of accreditation.
Which organization establishes the guidelines and oversees the waiting list for organ allocation?
United Network for Organ Sharing (UNOS) The United Network for Organ Sharing (UNOS) has operated the National Organ Transplant Act, and maintains a central computer network containing the names of all patients waiting for kidney, heart, liver, lung, intestine, pancreas, and multiple-organ transplants.
A dental hygienist falls on the job and injures her back. To ensure she does not lose wages and get her medical expenses covered, she should apply for
Worker's compensation. Workers' compensation is insurance that covers medical costs and wage replacement for employees injured on the job. Employees can recover lost wages, medical expenses, disability payments, and costs associated with rehabilitation and retraining.
All the following are examples of conflicts of interest except
a patient enrolls in a clinical trial and receives compensation. A conflict of interest occurs when self-interest affects an individual's professional obligations to one's patients, organization, and/or profession. For example, no employee or no one affiliated with the drug company or its shareholders should be enrolled as a patient in a clinical trial.
An example of a "kickback" would be
a physician receiving a bonus for every patient he refers to an imaging center. Kickbacks are payments that create a bias toward promoting certain specialists, treatments, drugs, and other services or products because promotion results in personal financial gain for the physician.
Due process means
all proper policies and procedures must be followed before the employee is terminated. Due process means that an employee has the right to require that all specified procedures outlined in the employee handbook be followed if that employee's employment is in jeopardy. Due process ensures that the employer cannot just fire the employee arbitrarily without following the steps defined in the policy.
Based on the principles of ethics, a patient refusing medical services is an example of
autonomy. Autonomy is the capacity to think, decide, and act on one's own free will and initiative. This includes a patient's decision-making process.
A patient in a long-term nursing home refuses to take her medication. The nurses hold her down and force her to swallow the medication. The nurses may be charged with
battery. A battery is harmful or offensive touching of another without his or her consent or without a legally justifiable reason. Without the consent of the patient, or an absence of an emergency, any touching of a patient may be considered battery.
The basic principle of medical ethics where doing the "most good" or doing what is best for patients is
beneficence. The general ethical principle of doing the "most good" or to do what is best for patients.
The Office of the Inspector General's compliance plan includes all the components except
communication should follow a strict chain-of-command. The Office of Inspector General's compliance program includes seven key components, such as developing open lines of communication.
A written set of policies and procedures that describe how an organization will operate and conduct itself in an ethical and compliant manner is called a
compliance plan. A compliance plan is a written set of policies and procedures that describe how an organization will operate and conduct itself in an ethical and compliant manner.
All the following are intentional torts except
defamation. Defamation is a false statement that wrongfully damages the reputation of another person. Defamation is a type of quasi-intentional tort.
If one of the conditions of negligence is not met, a healthcare provider may be able to claim a defense of
denial. The four legal conditions must be established in a case of negligence: duty, dereliction of duty, direct cause, and damages. If one of these conditions is not met, a denial defense can be used.
All the following can be found in an employee handbook except
how to submit an insurance payment to Medicare. An employee handbook communicates specific policies and procedures between an employer and employees. An employee handbook will include information about work schedules, benefits, and pay, and how to resolve disputes before they arise and protect both the employer and the employee from any sort of misperception and the potential of litigation.
A medical assistant is performing a strep test on a patient. As she approaches the patient with a swab, the patient opens his mouth. This is an example of
implied consent. Implied consent is a type of general consent. Implied consent is not expressly granted by a person, but rather inferred from a person's actions and the facts and circumstances of a particular situation.
Before a colonoscopy, the medical assistant reviews the prep instructions and the risk and complications of the procedures. This is an example of
informed consent. Consent or informed consent is the patient's permission for the treatment to be performed and the acknowledgment of the patient to the risks and alternatives involved in a treatment.
A legal agreement where the injured patient and a negligent physician decide to resolve the issue out of court is called a
settlement. A settlement is a legal agreement that is reached between two parties—the plaintiff and the defendant—in a civil matter. Through a settlement, the patient (plaintiff) agrees to give up the right to pursue any further legal action about the accident or injury, often in exchange for an agreed upon sum of money from the defendant.
All healthcare professionals must wash their hands before providing direct patient care. This is an example of
standard of care. Standard of care sets minimum criteria for job proficiency and establishes basic requirements for skill and care commonly used and expected of the healthcare professional of that same or similar branch of medicine.
Professional activities defined under state law and based on education, experience, and demonstrated competency are called
standards of practice. Standards of practice, sometimes called scope of practice, refer to the professional activities defined under state law. The standards of practice are limited by the provisions of the law required for education, experience, and demonstrated competency.
All the following are true regarding organ donation and transplantation except
the heart is the most commonly transplanted organ. Organ transplantation is the surgical process of removing an organ or tissue from one person and placing it in another. Organs that can be donated include the liver, kidney, pancreas, heart, and many others, with kidneys being the most commonly transplanted and in the greatest need. Organ donation may either come from a deceased or living donor. Once approved for an organ transplant, the patient will be placed on a waiting list.
A patient enrolls in a therapeutic research study for an experimental drug. The patient does not know if he is receiving a placebo or the drug. What kind of study is this?
A double-blind study A double-blind study does not allow patients to know if they are receiving the placebo (a harmless pill) or the new drug. This helps to ensure that the subjects will not have any preconceptions of the effects of the drug and provide more objective data.
Which of the following may be an example of negligence?
A drug company not disclosing safety information on its drug labels Negligence is a failure to use care or act in a certain way that a reasonably prudent and careful person would under similar circumstances. The drug company's action to omit safety information jeopardizes the patient's safety and, thus, may result in negligence.
Which of the following is an example of a qui tam lawsuit?
A medical biller reports that her employer is billing Medicare for services never provided to patients. A qui tam lawsuit, which is under the False Claims Act, was enacted specifically to encourage private citizens to come forward with information about entities defrauding federal programs.
Under which legislative provision allows a healthcare professional to opt out of participating or performing a procedure based on his or her moral or personal beliefs?
Conscientious clause Conscience clause, also known as medical conscience or conscience objection, is a legislative provision that relieves a person from compliance or duty based on moral or other personal beliefs. It permits healthcare professionals—physicians, pharmacists, nurses, and other healthcare professionals—not to provide certain medical services for reasons of personal beliefs, such as religious.
A patient complains about having pain after having a procedure. The physician advises the patient to come to the clinic as soon as possible, but the patient waits several weeks. The patient sues the physician for negligence. The physician refuses to take liability based on which type of defense?
Contributory negligence In contributory negligence, the physician, who negligently harms a patient, is not deemed responsible if the injured patient was himself or herself negligent in action to any extent. Based on contributory negligence, the physician can prove that the patient is partially responsible for his or her injury, making the physician not legally liable to the plaintiff.
A physician is convicted of negligence. The physician may face all the following penalties except
Imprisonment Negligence by a healthcare professional is one of the most common violation of civil law. A violation of civil law may lead to a civil lawsuit by the victim, the revoking of the healthcare professional's license, and monetary penalties.
When confronted with an ethical dilemma, which of the following questions should be asked based on the ethical decision-making model?
Is it legal?, is it balanced?, how does it make me feel? When facing a difficult decision, the ethical decision-making model recommends decisions be based on logic and facts, weighing the alternatives and the consequences, and keeping an objective mind.
Which of the following is a benefit of medical research?
It can help public health official and governments better allocate healthcare costs, It can help determine treatment outcomes, It can provide information on diseases and disorders.
Emotional intelligence is important in all the following except
It helps people better plan and manage their time management skills. Emotional intelligence is one's ability to perceive, understand, reason with and manage his or her emotions, and the emotions and behaviors of others. It allows us to be self-aware, self-confident, socially competent, and able to get along with others. It is an important consideration in human resources planning, job profiling, and recruitment.
The lower judicial courts must follow the decisions made by higher courts in precedent-setting cases. This is called
Jurisdiction. Previous decisions are considered precedent and binding on all lower courts. In Latin, this is called stare decisis, which means to stand by things decided or to adhere to decided cases.
An ethics committee that decides the allocation of organ for transplants must rely mostly on which ethical principle?
Justice The ethical principle of justice is based on what is consistent and fair to all involved. The four principal areas when evaluating justice are: fair distribution of scarce resources, such as organ allocation; competing needs; rights and obligations; and potential conflicts with established legislation.
If the allocation of organs for transplants were based on who can afford them, this would be against which ethical theory?
Justice-based ethics The justice-based ethical theory is based on the idea that "justice is blind"—that is, all individuals should be treated with impartiality and no individual should have an advantages or disadvantages over other individuals.
A patient is unhappy with her treatment from a physician and writes bad reviews that include false statements of him on various review websites. The physician sues the patient for
Libel. Libel refers to written, printed, or visual defamatory statements that are published or broadcast to third parties. Libel requires telling more than one person, and the speaker must know or should know that the statement is false.
A surgeon amputates the wrong leg. Which type of dereliction or breach of duty is this?
Malfeasance A malfeasance is an intentional act or performance of an illegal or wrongful act.
Individual states have established laws that govern healthcare professionals' scope of practice and licensing requirements called the
Medical Practice Act. State's medical practice acts are laws that are important safety measures to ensure patients and the general public are protected against unlicensed and unqualified physicians and fraudulent and unsafe medical practices.
All the following govern and review qualifications, compliance, and licensure qualifications for healthcare organizations and/or healthcare professionals except
Patient's Bill of Rights. There are many professional specialties that govern and review qualifications, compliance, and licensure requirements, such as the American Medical Association (AMA), American Health Information Management Association (AHIMA), Centers for Medicare and Medicaid Services (CMS), US Department of Health and Human Services (HHS), and Occupational Safety and Health Administration (OSHA).
In a medical malpractice lawsuit, which of the following would be an example of the discovery process?
Requesting the patient's medical charts Before trial, lawyers for both the plaintiff and defendant may gather information in preparation for the trial, which may include interrogations, request for documents, and documenting the admission or denial of guilt.
A medical assistant's action causes injury to a patient. The patient sues the physician and not the medical assistant is based on which doctrine?
Respondeat superior. Respondeat superior is a legal doctrine stating that, in many circumstances, an employer is responsible for the actions of employees performed within the course of their employment.
A patient files a lawsuit against a physician. The lawsuit would most likely be tried in which type of court?
State court Malpractice lawsuits, except those involving Medicare fraud, are tried in the state courts because they often violate state regulations or laws.
A patient wants to sue a surgeon for an injury that occurred from a surgery. However, the patient is told he cannot because he waited too long. This is due to
Statute of limitations. Filing a lawsuit must be timely. It must be filed within the statute of limitations—a claim filed within a specific amount of time of discovering that a wrong has been committed. Statutes of limitations vary by state and on the kind of offense.
All the following are types of torts except
Strict Liability, intentional, negligence. There are four types of torts: negligence, strict liability, intentional torts, and quasi-intentional torts.
A physician is performing a procedure on a patient but fails to warn him that it is experimental and what the risks are. This is an example of which type of tort?
Strict liability A person places another person in danger, even in the absence of negligence, simply because he is in possession of a dangerous product, animal, or weapon. Most cases of strict liability are regarding defective products.
A nurse administers a medication to a patient. Which condition must be met for a case of malpractice to occur?
The individual is a patient of the hospital, The nurse administers the wrong medication, A patient is hospitalized and having a reaction from a drug allergy. The four legal conditions must be established in a case of malpractice: duty, dereliction of duty, direct cause, and damages. The condition of duty is met because the hospital has an established duty to the patient. The nurse administered the wrong medication, which is a dereliction of duty. The patient needs to be hospitalized as a result of the wrong medication, which is a direct cause of the nurse's action.
All the following conditions must be met for negligence except
The intention or deliberate act to harm someone. For negligence to occur, there must be a legal obligation to act in a certain manner, a failure to use reasonable care, and a failure to act leads to harm. Negligence do not require a specific plan to harm someone and are not deliberate actions, but are the result of an individual or party failing to act in a reasonable way where a duty was owed.
In a double-blind, clinical trial, a patient enrolled in the experimental group would receive
The new drug treatment. Patients involved in a double-blind, clinical trial would be informed that they may be enrolled in either a control group or nontherapeutic group, which receives a placebo or a harmless pill with no therapeutic effect, or in the experimental group, who receives the new, researched treatment agent.
An ethics committee should be comprised of all the following except
The patient. Ethics committees are comprised of staff, such as physicians, nurses, social workers, and chaplains, and other members of the community who are available to help patients, families, and healthcare providers.
All the following is true about the Patient's Bill of Rights except
it has been adopted by medical offices, but not hospitals. Almost all hospitals and medical offices have adopted a Patient's Bill of Rights, and are usually posted throughout the facility, as well as distributed along with the practice's privacy release of information policies. It outlines basic rules of conduct and interaction between patients and healthcare professionals to ensure the delivery of safe and effective patient care. In 2010, a Patient's Bill of Rights was included under the Affordable Care Act.
All the following are true of professionalism except
it is defined by one's ability to do his or her job and accomplish tasks. Professionalism is generally how one conducts oneself at work. Often referred to as "soft" or "people" skills, professionalism are the interpersonal skills that help an individual successfully interact with others in the workplace. Professionalism is often based on one's values and understanding of his or her professional role. Professionalism may be difficult to define since it is not just one quality or skill.
The passage of Roe v. Wade in 1973 resulted in all the following except
legally required healthcare professionals to perform or participate in abortions. Before the passage of Roe v. Wade, which legalized abortion in the United States, many women underwent illegal, unsterile, and dangerous procedures to end the pregnancy, often resulting in the death of both the woman and fetus. There are professional guidelines and federal statutes that permit healthcare professionals to opt out of performing or participating in legalized abortions.
Preferences for the allocation of organs include all the following except
older patients have preference over children. Although waiting list rules and guidelines vary by organ, general principles that guide the allocation of organs include a patient's medical urgency, blood, tissue and size match with the donor, time on the waiting list, and proximity to the donor. Under certain circumstance, special allowances are made for children.
Similar to "double jeopardy," a patient cannot sue a physician a second time once the case has been resolved is called
res judicata. A technical defense called res judicata is where the patient cannot sue a second time for the same damages once a case has already been resolved.
Which of the following must be met in a case of res ipsa loquitur except
the patient could not be responsible for his or her injury, the patient did not and could not contribute to his or her injury, the patient was in the care of a healthcare provider at the time of the injury. Res ipsa loquitur means that there is clear evidence of negligence. There was no other possible way that the patient could have affected a different outcome or contributed to the damages or injury. It indicates that there is clear proof that the physician had the responsibility (duty) to the patient and that the injury would not and could not have occurred without the negligence of the physician.
All the following may be reasons for voluntary sterilization except
the patient is over 40 years of age. Patients may choose voluntary sterilization due to economic and medical reasons, or have decided not to have children. In general, advanced age is not a reason for voluntary sterilization.
