HCA 501 ( Final Exam.)

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hca__503_legal_and_etical_for_hca_finall_exam..rtf

Second Edition

ISBN-13: 9780763764739

HCA 503

Legal and Ethical Issues for Health Care Professionals

Text: Legal and Ethical Issues for Health Professionals

Authors:

George D. Pozgar

Publisher:

JB Learning

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a.

Multiple Choice Questions (Enter your answers on the enclosed answer sheet)

1. is an individual's view of what is right and wrong.

a. Ethical theory

b. Consequential ethics

c. Macro-ethics

d. Moral values

e. Micro-ethics

2. The application of normative theories to practical moral problems is referred to as

b. distributive justice

c. applied ethics

d. secular ethics

e. normative ethics

f. nonmaleficience

3. ethics are based on codes (e.g., Code of Hammurabi) developed by

societies which have relied on customs to formulate their codes.

a. Compassion

b. Religious

c. Secular

d. Deontological

e. Morality

4. One who is has control over his/her own actions.

a. hopeful

b. ethical

c. autonomous

d. virtuous

e. compassionate

5. said, "Every human being of adult years and sound mind has a right to

determine what shall be done with his own body .. "

a. William the Philosopher

b. Justice Brenner

c. Moses

d. Hammurabi

e. Justice Carodozo

g.

6. This is a form of beneficence that may involve, for example, withholding information from a person because of the belief that it is in the best interest of that person.

a. Paternalism

b. Justice

c. Autonomy

d. Deontology

e. Normative

7. This term describes the obligation to be fair in the distribution of benefits.

a.Beneficence

b. Autonomy

c. Justice

d. Nonmaleficence

e. Responsibility

8. All segments of the population do not have equal to health care.

a. justice

b. commitment

c. access

d. integrity

e. value

9. This term is a usually a form of moral excellence or beneficial quality.

a. Virtue

b. Value

c. Moral

d. Ethical theory

e. Ethical principal

10. A moral is something that has worth.

a. value

b. moral

c. virtue

d. reality

e. justice

11. A person is one who has moral integrity and has a strict regard for doing

what is considered the right thing to do.

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a. virtuous

b. conscientious

c. committed

d. compassionate

e. ethical

h.

12. A person who is said to have a steadfast adherence to a strict moral or ethical code is

considered to have _

a. moral values

b. discernment

c. compassion

d. integrity

e. humility

13. One's moral character can sometimes change as circumstances change, thus the term _____ ethics.

a. discerning

b. integrity

c. compassionate

d. normative

e. situational

14. If the ethical responsibilities of caregivers involve respecting a patient's right to make

his or her own decision, the ethical principle of is being practiced.

a. integrity

b. normative ethics

c. justice d.beneficence e. autonomy

15. If caregivers fairly allocate their resources equally to all patients, the ethical principle

of is being practiced.

a. compassion b.beneficence

c. justice

d. veracity

e. integrity

16. The theory that holds that morality is relative to the norms of one's culture is

a. ethical relativism

b. situational ethics

c. religious ethics

d. normative ethics

e. cultural reality

3

i.

17. Gen. Nguyen Ngoc Loan, chief of South Viet Nam's national police, walked up and shot a prisoner in the head. His reason: the prisoner, a Viet Cong lieutenant, had just murdered a South Vietnamese colonel, his wife and their six children. Assuming this is out of one's moral character, what ethical theory might apply?

a.Beneficence

b. Normative ethics

c. Religious ethics

d. Situational ethics

e. Autonomy

18. What Christian religious group believes it is a sin to accept a blood transfusion?

a. Taoist b.Jew

c. Jehovah's Witness

d. Methodist e.lslam

19. In the U.S. Supreme Court decision Roe v. Wade, _

a. a woman's right to privacy was denied

b. recognition of the state in protecting the unborn was denied

c. there was no attempt to spell out the extent to which states may regulate abortions

d. gave strength to a woman's right to privacy

e. all of the above

20. In the second trimester of a pregnancy, the state _

a. has the right to regulate abortion procedures in ways reasonably related to

maternal health

b. is not involved in the abortion decision between a woman and her physician

c. has a right to prohibit all abortions

d. has the right to decide a woman's right to abortion on a case by case basis

e. none of the above

21. The Doe v. Zimmerman case declared unconstitutional provisions of the Pennsylvania

Abortion Control Act requiring written consent of the _

a. parent

b. spouse

c. state

d. U.S. Supreme Court

e. none of the above

4

j.

22. Ethical considerations must address when conducting research on

human subjects.

a. personal autonomy

b. self-determination

c. Hippocratic maxim of "do no harm" and the Hippocratic oath's requirement that physicians benefit their patients "according to their best judgment"

d. the ethical considerations involved in using persons as subjects of research

e. all of the above

23. Federal regulations control federal grants that apply to experiments involving new

a. drugs

b. medical devices

c. medical procedures

d. a, band c

e. a and conly

24. Federal regulations require hospital-based researchers to obtain approval of an

institutional review board, which functions to _

a. review proposed research studies

b. conduct follow-up reviews on a regular basis

c. approve all research protocols without question

d. a and b only

e. all of the above

25. Wrongful birth actions claim that _

a. if not for breach of duty by the defendant, a child would not have been born.

b. damages were sustained by parents of an unexpected child based on the allegation that the child's conception was the result of negligent sterilization procedures or a defective contraceptive device.

c. the parent and/or child claims to have suffered harm as a result of being born.

d. none of the above

e. all of the above

26. Active euthanasia occurs when _

a. hope for survival still exists

b. a potentially life-saving treatment is withdrawn or withheld

c. physician assisted suicide

d. there is an intentional commission of an act that will result in death

e. none of the above

5

k.

27. The Supreme Court has ruled that there exists no constitutional right to assisted

suicide. This decision allowed the state of Michigan to prosecute for

assisting patients in committing suicide.

a. Kevorkian

b. Cruzan

c. Quinlan

d. Humphry e.Quili

28. Advance directives _

a. allow the patient to state in advance the kinds of medical care that he or she

considers acceptable or not acceptable

b. allows the patient to appoint an agent to make those decisions on his or her behalf

c. allows the patient to execute a living will

d. allows the patient to execute a durable power of attorney

e. all of the above

29. Guardianship is a legal mechanism by which the court declares _

a. the guardian incompetent and appoints a proxy

b. a person incompetent and appoints a guardian

c. a person competent and appoints a guardian

d. a family member incompetent and appoints a guardian

e. none of the above

30. A surrogate decision maker is an agent who acts on behalf of _

a. an agent who lacks the capacity to participate in a particular decision

b. a proxy who lacks the capacity to participate in a particular decision

c. a patient who lacks the capacity to participate in a particular decision

d. a physician who lacks the capacity to participate in a particular decision

e. a and d only

31. Futility ofTreatment _

a. relates to medical occurrences where the physician recognizes that the effect of treatment will be of no benefit to the patient

b. morally requires the physician to inform the patient when there is little

likelihood of success in further treatment

c. is a scientific decision

d. none of the above

e. a, band conly

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l.

32. The Supreme Court has ruled that there is _

a. a constitutional right to assisted suicide

b. no constitutional right to assisted suicide

c. an unconstitutional right to assisted suicide

d. all of the above

e. none of the above

33. Ethics committees should be structured to include _

a. persons in positions of political stature, respect and diversity

b. only hospital caregivers

c. a wide range of community leaders

d. a and conly

e. all of the above

34. Patients and family should be encouraged to _

a. rely on paternalism

b. depend on the physician's beliefs and values

c. participate in patient care conflict resolution

d. rely on caregivers to make patient decisions

35. Circular reasoning describes a person that _

a. has no known beliefs

b. believes in situational ethics

c. has already decided the correctness of something

d. has no concern for right and wrong

e. takes all opinions under advisement prior to deciding right from wrong

36. An informed decision involves _

a. the process of identifying the various alternatives to an ethical dilemma

b. determining the pros and cons of alternative choices

c. having a clear unbiased willingness to listen

d. making fair and reasonable decisions based on accepted moral values

e. all of the above

37. A general rule of conduct that is enforced by the government is a _

a. judicial decision

b. private law c.law

c. public law

d. regulation

7

m.

38. is where common law is derived.

a. Written laws

b. Statutes

c. Judicial decisions

d. Public laws

e. Constitutional laws

39. One could argue that U.S. common law was adapted from _

a. English common law

b. English statutory law

c. French common law

d. French legal system

e. Spanish legal system

40. The primary responsibility of administrative agencies is to _

a. implement administrative law

b. create administrative law

c. develop rules and regulations to implement the law

d. none of the above

e. a and c

41. The Department of Health and Human Services (HHS) _

a. develops and implements administrative regulations

b. carries out national health and human services policy objectives

c. is the main source of regulations that affect the health care industry

d. is a cabinet level position

e. all of the above

42. Negligence can be in the form of _

a. malfeasance

b. misfeasance

c. nonfeasance

d. all ofthe above

e. none of the above

43. The infringement on the mental security or tranquillity of another person is _

a. assault

b. tranquillity

c. battery

d. false imprisonment e.jeopardy

8

n.

44. A false oral or written communication to someone other than the individual being defamed that subjects that individual's reputation to scorn and ridicule is

known as _

a. defamation of character

b. criminal conduct

c. duty to care

d. foreseeability

e. none ofthe above

45. The spoken word of defamation is _

a.libel

b. slander

c. breach of duty

d. all of the above

e. none of the above

46. The wilful and intentional misrepresentation that could cause harm or loss to an individual or property.

a. Tort

b. Fraud

c. Criminal act

d. Broken contract

e. Unintentional misrepresentation

47. An offense punishable by less than one year in jail and/or a fine.

a. Felony

b. Fraud

c. Misdemeanor

d. Tort

e. Negligence

48. To be enforceable, contracts must contain _

a. an offer or communication

b. consideration

c. acceptance

d. none of the above

e. all of the above

49. A legal order requiring a person to appear in court.

a. Subpoena duces tecum

b. Subpoena

c. Contract

d. Exclusive contract

e. Demonstrative evidence

9

o.

50. Damages can include _

a. nominal damages

b. compensatory damages

c. hedonic damages

d. punitive damages

e. all of the above

51. A legal obligation of care, performance or observance imposed on one to safeguard the rig hts of others.

a. Injury

b. Duty

c. Causation d.Respondeatsuperior e. Negligence

52. The pleadings of a case may involve which of the following?

a. Summons

b. Complaint

c. Answer

d. Bill of particulars

e. All of the above

53. The Amendment to the Constitution that provides that a state cannot act to deny any person equal protection of the laws.

a. 11th b.13th c. 14th d.21st e. 1 st

54. A source of public policy can include _

a. legislation

b. administrative rules, regulations or decisions

c. judicial decisions

d. all of the above

e. none of the above

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55. Pursuant to Title VI of the Civil Rights Act of 1964, the guidelines of the Department

of Health and Human Services (HHS) prohibit the practice of _

a. political malpractice

b. racial discrimination

c. restraint of trade

d. public policy

e. right to self-determination

56. The Privacy Act of 1974, Title 5 United States Code (U.S.c.) 552, was enacted to

a. safeguard individual privacy from the misuse of federal records

b. give individuals access to records concerning themselves that are maintained by federal agencies

c. establish a Privacy Protection Safety Commission

d. all of the above

e. a and conly

57. The Health Care Quality Improvement Act of 1986 (HCQIA) was enacted in part to

a. provide those persons giving information to professional review bodies and those assisting in review activities limited immunity

b. encourage damage suits that may arise as a result of adverse decisions that affect a physician's medical staff privileges

c. encourage the right to execute an advanced directive

d. a and b only

e. all of the above

58. What Act prohibits physicians who have ownership interest or compensation arrangements with a clinical laboratory from referring Medicare patients to that laboratory.

a. Sherman Antitrust Act

b. Ethics in Patient Referral Act of 1989

c. Health Care Quality Improvement Act

d. 14th Amendment

e. Privacy Act of 1974

59. What Act was enacted to ensure that patients are informed of their rights to execute advance directives and accept or refuse medical care.

a. Ethics in Patient Referral Act

b. Patient Self-Determination Act of 1990

c. Oregon Death with Dignity Act

d. Health Care Quality Improvement Act

e. Health Insurance Portability and Accountability Act

Is

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p.

60. An organization's code of ethics _

a. provides guidelines for behavior

b. help carry out an organization's mission, vision and values

c. build trust

d. increase awareness of ethical issues

e. all of the above

61. Unethical conduct that is closely being monitored includes _

a. false advertisements

b. fraudulent reimbursement schemes

c. accepting kick backs

d. all of the above

e. a and b only

62. A corporation has a _

a. chief executive officer that has ultimate responsibility for decisions made in the organization

b. governing body that has ultimate responsibility for decisions made in the organization

c. medical staff that has ultimate responsibility for decisions made in the organization

d. chief financial officer that has ultimate responsibility for the decisions made in the organization

e. community advisory board that has ultimate responsibility for the decisions made in the organization

63. Testimony presented by witnesses is considered _

a. documentary evidence

b. direct evidence

c. evidence

d. burden of proof

e. an exhibit

64. The authority of a corporation specifically delegated by statute.

a. Express corporate authority

b. Implied authority

c. Ultra vi res acts

d. a and conly

e. none of the above

12

q.

65. Situations in which a person has opportunity to promote self-interests that could have a detrimental effect on an organization.

a. Financial incentive

b. Profit motive

c. Conflict of interest

d. Virtue

e. Value

66. Corporate duties include _

a. fiduciary duty

b. duty to supervise and manage

c. duty to act as a prudent person would act under similar circumstances

d. none of the above

e. a, b, and c

67. Professional codes of ethics for health care professionals have been developed to

a. provide guidance to those faced with ethical dilemmas

b. provide punishment for the those who break the law

c. provide guidance in dealing with government regulations

d. describe the job duties and responsibilities of a particular profession

e. provide clinical guidance in caring for patients

68. If the public is aware that a hospital furnishes emergency services and relies on that

knowledge, the hospital _

a. has no duty to provide those services to the public

b. has a duty to provide those services to the public

c. has a duty to provide every service that a patient may require

d. is only responsible to care for Medicare and Medicaid patients

e. none of the above

69. The American Health Information Management Association code of ethics provides

that _

a. the medical record must be preserved and protected

b. it refuses to participate in or conceal unethical practices or procedure

c. the confidential nature of the medical record must be preserved

d. the medical records administrator must strive to advance knowledge and practice of medical record administration, including continued self- improvement, in order to contribute to the best possible medical care

e. all of the above

13

r.

70. Licensed professionals who exceed his or her scope of practice as defined by a

particular state professional practice act can be found to _

a. have violated licensure provisions

b. have performed tasks that are reserved by statute for another health care professional

c. have performed appropriate tasks

d. a and b only

e. all of the above

71. The power and authority to regulate drugs, their products, packaging and distribution

rests primarily with _

a. hospital management

b. federal and state governments

c. federal drug enforcement agency

d. food and drug administration

e. HIPAA

72. A is a registered nurse who has completed the necessary education to

engage in primary health care decision-making.

a. licensed practical nurse

b. nursing assistant

c. staff nu rse

d. nurse specialist

e. nurse practitioner

73. A is an aide who has been certified and trained to assist patients with

activities of daily living.

a. nursing assistant

b. RN

c. LPN

d. physician's assistant

e. environmental services aide

74. The Hippocratic Oath provides that a physician _

a. follow regimen I consider for the benefit of my patient

b. give no deadly medicine to anyone if asked

c. not give to a woman a pessary to produce abortion

d. will abstain from seduction of females or males

e. all of the above

14

s.

75. A physician's efforts do not constitute negligence simply because _

a. a physician cannot be required to guarantee care results

b. his or her treatments was unsuccessful in a particular case

c. there was another treatment the physician could have used

d. a and b only

e. none of the above

76. A deliberate falsification by a physician of his patient's medical record to protect his

own interests at the expense of his patient's _

a. is a necessary act

b. regarded as gross malpractice

c. cannot endanger the health or life of his patient

d. is often encouraged by the medical staff

e. none of the above

77. A physician's moral responsibilities to his or her patients include _

a. the right to privacy

b. respecting a patient's decision to refuse treatment

c. the right to informed consent

d. providing the patient with the risks, benefits and alternatives to treatment

e. all ofthe above

78. A physician who falsifies entries on a patient's medical record _

a. does it intentionally

b. does it to avoid liability for one's medical negligence

c. risks losing credibility with a jury should a case go to trial

d. may endanger the life of the patient

e. all of the above

79. Misdiagnosis may involve diagnosis and treatment of _

a. a disease different from that which patient actually suffers

b. a disease that the patient does not have

c. symptoms of a disease but not the underlying disease

d. a and conly

e. a and b only

80. Evidence of a disruptive physician _

a. can have negative impact on staff

b. can affect quality of care

c. is disruptive to ensuring patient welfare

d. all of the above

e. none of the above

15

t.

81. The Hippocratic Oath provides that a physician will not _

a. give to a woman a pessary to produce abortion

b. follow regimen he considers to be for the benefit of his patient

c. give deadly medicine to anyone if asked

d. abstain from seduction offemales or males

e. all of the above

82. The common-law "employment-at-will" doctrine provides that employment

a. is at the will of the employer not the employee

b. is at the will of either the employer or the employee

c. may be terminated by the employer or the employee at any time

d. may be terminated at the will of the employer or employee for any or no reason, unless there is a contract in place that specifies the terms and duration of employment

e. b, c and d only

83. Public policy originates with legislative enactments that prohibit discharge of

employees on the basis of _

a. disability

b. age

c. race

d. creed

e. all of the above

84. There is a tendency for those in power to abuse that power through _

a. threats

b. abuse

c. intimidation

d. retaliatory discharge

e. all of the above

85. The person who should be responsible for reviewing with patients the risks, benefits,

and alternatives of a proposed diagnostic test or treatment is the _

a. patient's assigned primary care nurse

b. hospital chaplain

c. treating physician

d. individual assigned by the hospital, usually a social worker

e. patient's assigned medical assistant

16

u.

86. Consent can be _

a. express consent

b. verbal consent

c. written agreement authorizing treatment

d. implied consent

e. all of the above

87. A written informed consent form should include _

a. nature of the illness or injury and procedure or treatment consented to

b. purpose of proposed treatment

c. risks and probable consequences of the proposed treatment

d. signatures and date of the patient, physician, and witnesses

e. all of the above

88. A patient's refusal to consent to a medical or surgical procedure must be adhered to,

whether the refusal is _

a. grounded on lack of confidence in the physician

b. fear of the procedure

c. doubt as to the value of a particular procedure

d. based on a mere whim

e. all of the above

89. The various states have enacted various child abuse statutes to _

a. discourage good faith reporting

b. require good faith reporting

c. protect the abuser

d. encourage abuse

e. to reward the abuser

90. An individual who reports child abuse should be aware of _

a. the physical and behavioral indicators of abuse

b. maltreatment that appear to be part of a pattern

c. bruises

d. burns and broken bones

e. all of the above

91. Behavioral indicators of abuse include _

a. improved psychological or intellectual functioning

b. control of aggression

c. self-destructive impulses

d. ability to think and reason

e. failure to act out

17

v.

92. Balancing the law and principles of ethics, the administrator of a health care facility

a. is not responsible for reporting evidence of abuse

b. is responsible for the unsafe conditions in his or her nursing facility

c. should be aware that statutes are created to protect the defendant

d. the administrator of a nursing facility is not responsible for the safety hazards that exist in his or her facility

e. none of the above

93. A patient has a right to _

a. have special needs addressed

b. keep a stash of medications in his or her bedside cabinet for pain because nurses are generally slow in administering pain medications

c. not to inform their physician of the ten herbal products that he or she has been ingesting for the past ten years

d. take aspirin before surgery to bring his or her temperature down out of fear that ifthe nurse reports a spike in temperature, the surgical procedure might be delayed

e. none ofthe above

94. Patient abuse is _

a. of little concern

b. never occurs in an individual's home

c. the mistreatment or neglect of residents/patients/clients while under the care of a health care organization

d. is limited to an institutional setting

e. is not the mistreatment of individuals who are under the care of nursing homes

95. Signs of abuse include _

a. broken bones

b. agitation

c. unexplained or unexpected death

d. sudden and unexpected emotional outbursts

e. all of the above

96. Patients have a right to _

a. ask questions about their rights

b. execute an advance directive

c. a written copy of their rights

d. refuse treatment based on religious beliefs

e. all of the above

18

w.

97. Patients have a responsibility to speak up and ask questions regarding _

a. proposed treatment

b. diet

c. need for a consultant

d. medications

e. all of the above

98. Patients have a right to expect that information regarding their care and treatment

will be kept confidential by _

a. nurses and physicians

b. volunteers

c. housekeepers

d. board members

e. all ofthe above

99. Patients have a right to receive "Notice of Privacy Standards;' a requirement under

the _

a. Limitation and Disclosure Act

b. Right to Know Act

c. Health Insurance Portability and Accountability Act

d. HMO Act of 1972

e. None of the above

100. A patient's right to "speak-up" includes asking such questions as _

a. Before changing my dressing ... did you wash your hands?

b. Are you my nurse?

c. Why am I being given this medication?

d. Why am Ion a low fat diet?

e. all of the above

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