Patient Care: Legal & Ethical Issues (Bootcamp)

Autonomy

A DNR order primarily addresses which of the following ethical principles?

3. Patients have access to care.

A Healthcare providers, ethical and professional duty despite their personal beliefs, is to ensure which of the following? 1. Patient's wishes are filled at all costs 2. Providers act in the patient's best medical interest. 3. Patient's have access to care. 4. Providers avoid all high-risk treatments.

3. Beneficence.

A doctor, struggling with a decision to refuse hemodialysis conflicts, with which ethical principle? 1. Autonomy. 2. Non-maleficence. 3. Beneficence. 4. Justice.

Integrity

A healthcare providers decision to not suggest unnecessary medical procedures is an example of adhering to which ethical principle?

Integrity

A nurses failure to double check the patient's medication as a breach of with ethical principle?

Treatment options, including alternative treatments

A patient diagnosed with breast cancer is entitled to know about

Autonomy

Adapters intent, to educate someone without coercion demonstrates their commitment to?

Non-consented contact (ex: performing an exam without a patient's consent)

Battery

Doing what is in the best interest of a patient "doing good"

Beneficence

A Reasonable threat to cause bodily harm

Definition of assault in healthcare

The patient's freedom was restrained without a valid reason or a doctors order

False imprisonment

Call care workers must keep up-to-date with state, specific laws and guidelines as they can vary & evolve

How do you state specific laws affect, healthcare workers in regard to legal issues, such as advanced directives and consent?

Medical history, influence of the choice and intensity of treatments

How does a patient's medical history impact the standard of care?

Patient with chronic conditions may require more intensive monitoring and treatment

How does a patient's overall health influence the standard of care?

Caselaw guides, patient prioritization, and managerial decisions

How does caselaw influence, resource allocation in healthcare settings?

3. Location influences the resources and treatments available.

How does the location of care affect the standard of care? 1. Location dictates the cost of care exclusively. 2. Location determines the speed of service. 3. Location influence of the resources and treatments available. 4. Location is irrelevant to the standard of care.

Justice

If a healthcare provider treats to patients differently based upon their parents, what ethical principle are they failing to uphold?

Non-maleficence

In healthcare, the refusal to perform a high risk procedure can be ethically justified under which of the following principles?

Autonomy

In the surgery scenario, a nurse violates an ethical principle by administering narcotics against the patient's wishes. which ethical principle was violated?

1. Seeking contraception without parental consent. 3. Consenting to STI testing and treatment without parental consent. 4. Reporting abuse or neglect through medical examination and treatment without parental consent.

In which three of the following situations does the minor have the ability to consent to medical treatment? 1. Seeking contraception without parental consent. 2. Undergoing major surgery with only the minors consent 3. Consenting to STI testing and treatment without parental consent. 4. Reporting abuse or neglect through medical examination and treatment without parental consent.

4. Confidentiality.

It's a healthcare provider discloses of celebrity patients medical information without consent, which ethical principle is being violated? 1. Justice. 2. Beneficence. 3. Autonomy. 4. Confidentiality

Legal document in California outlining a patient's wishes regarding end-of-life care in any facility or state

Physicians orders for life-sustaining treatment (POLST)

A violation of HIPAA

Releasing a deceased, patient health information without proper authorization is considered?

2. A tourist accessing emergency care for an asthma attack in another state.

The right to access emergency services is best exemplified by? 1. Patient receiving immediate care for a broken arm in their hometown. 2. A tourist accessing emergency care for an asthma attack in another state. 3. A routine surgery scheduled at the hospital of choice. 4. Access to a specialized healthcare provider for a rare condition.

3. Ensuring conversations about patients are held in private settings

Under HIPAA what is the correct action for healthcare workers when discussing patient information? 1. Sharing information freely within Hospital premises. 2. Discussing patient details in public areas if spoken quietly. 3. Ensuring conversations about patients are held in private settings. 4. Allowing the use of patient information for educational purposes

When the employee performs a task related to their duties & an employment relationship exists

Under respondeat superior when can an employer be held liable for an employees actions?

Promoting more rigorous hiring training and monitoring of staff

Understanding "respondeat superior"influences healthcare institutions by

Security rule

What HIPAA law requires healthcare providers to establish safeguards for electronic personally identifiable, health information?

1. Unauthorized sharing of a patient's protected health information (PHI)

What constitutes a violation of HIPAA regulations? 1. Unauthorized sharing of a patient's protected health information (PHI) 2. Sharing patient health information only with colleagues who are involved in the patient's care. 3. Discussing patient information in a secure online forum 4. Exchanging D identified patient information during a professional conference.

4. Ineffective therapy or injury

What could be a consequence of an adequate documentation by a PT worker regarding a patient exercises and progress? 1. Accelerated patient recovery. 2. Increased treatment costs 3. Decreased patient autonomy. 4. Ineffective therapy or injury.

Malpractice involves harm

What differentiates medical malpractice from negligence?

2. Negligence has the potential for harm but no actual harm, malpractice involves actual harm. 3. Negligence can only lead to professional repercussions, malpractice to legal repercussions.

What differentiates negligence from malpractice in Healthcare? (Select two) 1. No practice involves a breach of duty, whereas negligence does not. 2. Negligence has the potential for harm but no actual harm, malpractice involves actual harm. 3. Negligence can only lead to professional repercussions, malpractice to legal repercussions. 4. No practice is intentional but negligence is accidental.

The American hospital associations 1970s document

What document serves as the foundation for the patient's bill of rights

" the thing that speaks for itself" a principle or negligence is so apparent it speaks for itself

What does "Res Ipsa Loquitur" refer to in Healthcare?

"Let the master answer" employers liability for employee actions

What does "respondeat superior" refer to in healthcare?

3. Patient have a broad choice of healthcare providers within their insurance network.

What does "the right to choose providers & plans" ensure? 1. Patient can choose any provider worldwide. 2. Patients are restricted to providers in their insurance network 3. Patient's have a broad choice of healthcare providers within their insurance network. 4. Patients can only choose government approved, healthcare providers.

patient, drug, amount, route, time

What does PDART stand for in medication administration?

1. Keeping a patient's medical records and protected health information private

What does the "right to confidentiality" in the patient's bill of rights primarily include? 1. Keeping a patient's medical records and protected health information private 2. Securely, starring patient financial information. 3. Ensuring confidential communication between the patient and insurance companies. 4. Ensuring privacy of a patient's personal belongings in a healthcare facility

Patients are actively involved in making decisions about their healthcare

What does the right to participate in treatment decisions primarily ensure

Patients are treated with respect and without discrimination based on protected attributes

What does the right to respect and non-discrimination ensure?

veracity

What ethical principle emphasizes the responsibility of healthcare providers to give patients complete and accurate information

3. Unique patient groups and attributes.

What factor is important in the standard of care but often overlooked in scientific research? 1. Cost effectiveness of treatments. 2. Patient's age and overall health. 3. Unique patient groups and attributes 4. Popularity of the treatment method.

Diagnosing a condition, but not in time for optimal treatment

What is a delayed diagnosis?

The employer may face legal accountability for the employees actions

What is a potential consequence of negligence under respondeat superior?

Writing or publishing false statements, causing damage

What is libel?

The principal(person) must be determined to be incapacitated by a medical professional

What is required for a medical POA to take affect?

Civil penalties, possibly, including financial damages

What is the consequence of a healthcare provider committing slander?

Durable POA gives authority in a wide range of matters whereas medical POA is strictly medical decisions

What is the difference between a durable POA and a medical POA?

2. Outline procedures for investigating HIPAA violations.

What is the enforcement rules purpose within HIPAA's framework? 1. Establish unique identifier for healthcare providers. 2. Oh, and procedures for investigating HIPAA violations. 3. Provide security standards for PHI in electronic form. 4. Notify patients about breaches in their PHI

Offenses against society, such as HIPAA violations

What is the focus of criminal law in the healthcare setting?

Providing each patient care THEY need

What is the key aspect of providing equitable care?

Laws are set by government authorities, and guidelines are recommendations

What is the key difference between laws and guidelines in Healthcare?

Wrongful action leading to injury

What is the main focus of tort law in healthcare?

1. Medical procedures are only legally valid if documented.

What is the main implication of the mantra "If it isn't charted it legally never happened" in regards to patient care. 1. Medical procedures are only legally valid if documented. 2. Documentation is secondary to patient care. 3. Oral reports are sufficient for legal purposes 4. Personal notes are as valid as official records.

Showing only the minimum necessary information required for care

What is the minimum necessary rule of HIPAA entail?

To simplify transactions and communications between healthcare entities

What is the national provider identifier (NPI) used for in the healthcare system?

Conflict between non-maleficence and autonomy

What is the primary ethical dilemma associated with practitioner assisted suicide?

The well-being of patients

What is the primary focus of the Hippocratic oath in medical practice?

Ensure patients receive understandable and accurate health information

What is the primary intent behind the right to information in the patient's bill of rights?

Establish federal protections for personally identifiable health information

What is the primary purpose of HIPAA privacy rule?

Outline and individuals wishes regarding medical treatment when they are unable to communicate

What is the primary purpose of advance directives in healthcare?

Establish legal principles through judicial decisions

What is the primary purpose of caselaw in healthcare?

To streamline legal process is when negligence is obvious

What is the primary purpose of implementing Res Ipsa Loquitur and healthcare?

4. Guidelines, assist practitioners and delivering the best care.

What is the role of professional guidelines in establishing the standard of care? 1. Guidelines are suggestions without practical application. 2. Guidelines provide a basis for malpractice lawsuits. 3. Guidelines are used for marketing purposes by Hospital's. 4. Guidelines is practitioners in delivering the best care.

Emergency medical treatment and labor act (EMTALA)

What law mandates the hospitals provide emergency medical screening and stabilizing treatment, regardless of a patient's ability to pay?

Negligence is generally recognized in the situation, and no other plausible explanation exist

What must be established to apply the doctrine of Res Ipsa Loquitur"?

Notify the affected individuals in the secretary of health and human services

What must health organizations do in the event of a personally identifiable health information breach according to the breach notification rule?

Providing guidelines for legal procedures and potential outcomes

What role does case law play in regard to malpractice suits in Healthcare?

1.Patient's medical history, 2. technologies available at the facility, 4. patient's age

What three factors directly influences the standard of care? 1. Patient's medical history. 2. Technologies available at the facility. 3. Healthcare providers, personal experience. 4. Patient's age.

Expansion of responsibilities to business associates

What was the key change introduced by the omnibus rule in 2013?

1. Fidelity.

When I physician follow through with a commitment to call a patient with a lab results which ethical principle are they exemplifying? 1. Fidelity 2. Porosity 3. Autonomy. 4. Beneficence.

The agent designated under the power of attorney

When a patient with a POA loses mental competency, who becomes responsible for implementing the patient's advance directive?

When the minor is emancipated or falls, under exceptions, such as "the mature minor rule"

When can a minor legally provide their own consent for medical treatment?

HIPAA (Health Insurance Portability and Accountability Act)

Which act in the US strictly governs the use and disclosure of patient health information?

Autonomy

Which ethical principle prioritizes patient decisions of a medical intervention?

4. Applying restraints without a doctors order.

Which of the following best describes an intentional tort in Healthcare? 1. Accidentally administering the wrong medication. 2. Making an error in patient charting. 3. Failing to diagnose a condition. 4. Applying restraints without a doctors order.

3. Advisory document without legal binding.

Which of the following best describes the legal status of the patient's bill of rights? 1. Set a federal regulations. 2. Laws enforced in all states. 3. Advisory document without legal binding. 4. Mandatory health care policies for all hospitals.

4. Performing an unnecessary procedure.

Which of the following constitutes a procedural breach in the standard of care? 1. Verifying the order when a patient's condition doesn't match. 2. Using sterile technique during a procedure. 3. Administering the right medication 4. Performing an unnecessary procedure.

1. Obtaining proper consent for treatment

Which of the following is a common area prone to breaches and health insurance portability and accountability act (HIPAA) regulations? 1. Obtaining proper consent for treatment. 2. Providing General Health advice. 3. Conducting routine medical examinations. 4. Discussing treatment plans, in secure meetings.

2. Give me a patient an incorrect dosage of medication

Which of the following is a common medication error leading to a breach in the standard of care? 1. Administering medication via the correct route. 2. Give me a patient an incorrect dosage of medication 3. Checking patient identity before medication administration. 4. Following PDART protocol accurately.

3. Bloodstream infection

Which of the following is a potential consequence of health worker failing to use a sterile technique during a central line insertion? 1. Prolonged procedure time. 2. Patient dissatisfaction. 3. Bloodstream infection 4. UTI.

Medical malpractice

Which of the following is an example of a civil law issue in Healthcare? 1. Theft of hospital equipment. 2. Assaulting a patient. 3. Violation of health privacy laws. 4. Medical malpractice.

3. Patient filing an appeal after a procedure was denied by insurance.

Which of the following is an example of exercising "the right to grievance and appeals" 1. Patient seeking a second opinion on a diagnosis. 2. Patient requesting a different doctor or nurse. 3. Patient filing an appeal after her procedure was denied by insurance. 4. Patient complaining about the hospital food.

4. The patient's health conditions, treatment and billing information.

Which of the following is considered PHI under HIPAA? 1. The patient's full name and address. 2. The hospital general treatment policies. 3. Publicly available information about health trends 4. The patient's health conditions, treatment and billing information.

3. Regularly updating medical records.

Which of the following is not a breech in the standard of care? 1. Ignoring patient complaints 2. Misinterpreting monitoring equipment alarms 3. Regularly updating medical records. 4. Failing to communicate effectively among healthcare staff

3. Beneficence.

Which of the following principles is most at risk when a healthcare provider refuses to treat a patient due to ethical objections? 1. Nonmaleficence. 2. Autonomy. 3. Beneficence. 4. Justice.

3. Patient allergic to penicillin inadvertently receives amoxicillin.

Which of the following scenarios exemplifies a breach in practice due to administering the wrong medication? 1. Patient allergic to penicillin, receives azithromycin. 2. The patient is given a 5 mg dose instead of 50 mg. 3. A patient allergic to penicillin inadvertently receives amoxicillin. 4. A patient receives her medication on time.

Healthcare access, portability, and renewability

Which provision of HIPAA insurance individuals retain their health coverage when changing or losing jobs?

3. Breach notification standards.

Which three of the following are included in the administrative simplification, provisions of HIPAA? 1. Preventing healthcare, fraud, and abuse. 2. Medical liability reform. 3. Breach notification standards. 4. Standards for electronic transactions.

Civil law

Which type of law deals with disputes between individuals and organizations in Healthcare?

2. It provides safeguards for patients and professionals.

Why is thorough and factual documentation essential in Healthcare? 1. It helps and billing insurance claims. 2. It provides safeguards for patients and professionals. 3. It's simplifies the treatment process. 4. It reduces the need for patient consent.