Med Skills Chapter 5 Study Guide
A legal document that allows an individual to state what measures should or should not be taken to prolong life when a condition is terminal is a ____. A. living will B. durable power of attorney C. patient self-determination act D. right-to-die declaration
A
Which of the following is not a requirement of the Patient Self-Determination Act? A. Provide legal assistance for preparing advance directives. B. Affirm that there will be no discrimination or effect on care due to advance directives. C. Document any advance directives on the patient's record. D. Educate the staff on the medical and legal issues of advance directives.
A
Failure to give care that is normally expected of a person in a particular position, resulting in injury to another person is ____. A. malpractice B. negligence C. abuse D. defamation
B
The privacy standards of the Health Insurance Portability and Accountability Act (HIPAA) require all of the following except ____. A. patients must be able to obtain copies of their medical records B. patients must sign a consent form to allow a birth or death certificate to be recorded by a government agency C. patients must be given information on how to file a complaint against a health care provider who violates the privacy act D. health care providers must tell a patient how they will use the patient's medical information
B
Writing threats or abusive statements is an example of ____. A. physical abuse B. verbal abuse C. psychological abuse D. sexual abuse
B
A set of principles relating to what is morally right or wrong are known as ____. A. torts B. contracts C. ethics D. patients' rights
C
If a physician fails to use a degree of skill and learning commonly expected and the person receiving care is injured, the physician can be sued for ____. A. negligence B. defamation C. malpractice D. assault and battery
C
Any care that results in physical harm, pain, or mental anguish can lead to a charge of ____. A. invasion of privacy B. defamation C. false imprisonment D. abuse
D
A designation of health care surrogate can only be given to a spouse, child, or relative.
F
A patient's living will can be witnessed by his or her spouse and son or daughter.
F
A person with a legal disability has the right to form a contract.
F
Battery is a threat or attempt to injure another individual, while assault includes the unlawful touching of another person without consent.
F
Confidential patient information must not be shared with anyone, including other members of the health care team.
F
Expressed contracts represent obligations that are understood without verbally stated terms.
F
Health care is mainly affected by criminal laws.
F
Health care records belong to the patient since the patient is paying for care.
F
If a health care worker sends information to an insurance company without the patient's written consent, this can be ____. F. invasion of privacy G. defamation H. slander J. libel
F
If information is on a patient's record, it can be released to other health care facilities without the patient's written consent.
F
In some cases, a health care worker is allowed to accept tips or gifts for care that has been provided.
F
Physical restraints may be used any time patients are likely to hurt themselves or others.
F
Restraining an individual or restricting an individual's freedom is invasion of privacy.
F
Using inappropriate words to describe a person's race or nationality is an example of psychological abuse.
F
A false written statement that causes a person to be ridiculed or damages the person's reputation is known as ____. F. false imprisonment G. libel H. slander J. assault and battery
G
An example of a tort is ____. F. misuse of narcotics G. slapping a patient H. practicing without a license J. stealing a patient's necklace
G
Which of the following is not a patient's right? F. A patient may refuse treatment to the extent permitted under law. G. A patient is entitled to free care regardless of circumstances. H. A patient must be informed of any hospital rules or regulations. J. A patient is entitled to a reasonable response to request for services.
G
If a patient is physically restrained without proper authorization or justification, this can lead to a charge of ____. F. invasion of privacy G. defamation H. false imprisonment J. assault and battery
H
Permission granted voluntarily by a person who is of sound mind after a procedure and all risks involved have been explained is ____. F. legal permission G. confidential authorization H. verbal consent J. informed consent
J
Which of the following are signs or symptoms of abuse? F. poor personal hygiene G. aggressive or withdrawn behavior H. unexplained bruises, fractures, burns, or injuries J. all of the above
J
A DNR order means that cardio-pulmonary resuscitation is not performed when the person stops breathing.
T
A patient has the right to withdraw consent at any time.
T
A principal is always responsible for the actions of an agent.
T
A resident in a long-term care facility has the right to share a room with his or her spouse if both are residents in the facility.
T
Abuse can be physical, verbal, psychological, or sexual.
T
All information given to health care personnel by a patient is called privileged communication.
T
An interpreter must be used when a contract is explained to a non-English-speaking individual.
T
Domestic abuse occurs when an intimate partner uses threatening, manipulative, aggressive, or violent behavior to maintain power and control over another person.
T
Failure to meet your legal responsibilities can result in legal action against both you and your employer.
T
Health care workers must know and follow the state laws that set standards for their profession.
T
Modern health care advances have created some ethical dilemmas for health care providers.
T
No procedure should be performed if the patient does not give consent.
T
Patients have the right to obtain information regarding the relationship of a hospital to any other health care and educational institutions.
T
The Omnibus Budget Reconciliation Act (OBRA) of 1987 guarantees certain rights to residents in long-term care facilities.
T
The growing use of computerized records in health care has created a dilemma in maintaining confidentiality.
T
Torts are wrongful acts that do not involve contracts.
T
Verbal consent is permitted for some procedures.
T
Identify the tort that could apply in each of the following examples: a. A physician fails to administer a tetanus injection when a person has a puncture wound. b. A patient is burned by moist compresses that are too hot. c. Information is given to an insurance company without the patient's written consent. d. A health care worker shouts or swears at a patient. e. A health care worker tells another person false information about a patient. f. A health care worker performs a procedure on a patient after the patient has refused to give permission.
a. malpractice b. negligence c. invasion of privacy d. abuse (verbal) e. slander f. battery
Give three examples of privileged communications that are exempt by law and must be reported
births, deaths, injuries caused by violence, drug abuse, communicable diseases, sexually transmitted diseases
Differentiate between civil law and criminal law
civil law focuses on the legal relationships between people and the protection of a person's rights; criminal law focuses on wrongs against a person, property, or society
How should an error be corrected on a written health care record?
crossed out with a single line so material is still readable, correct information inserted, initialed, and dated
Differentiate between an implied and an expressed contract.
implied contract is an obligation understood without verbally expressed terms; expressed contract is stated in distinct and clear language, either orally or in writing
Identify two safeguards that are used to maintain computer confidentiality.
limit personnel who have access to information, require passwords in order to access information, monitor and evaluate computer use
Give three examples of individuals who have a legal disability.
minors, mentally incompetent persons, individuals under the influence of drugs that alter the mental state, semiconscious or unconscious persons
Name the three parts of a contract.
offer, acceptance, consideration
Briefly describe the purpose of the Patient Self-Determination Act (PSDA), and explain what a facility must do for patients under this law.
requires all health care facilities that receive federal aid to provide patients with information and assistance in preparing advance directives; inform every adult, both orally and in writing, of their right to make decisions concerning medical care; document any advance directives on patient's records; affirm that there will be no discrimination or effect on care due to advance directives; educate the staff on medical and legal issues of advance directives
When health care records are disposed of after the legal time for retention, how should they be destroyed?
shredded or burned
