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Legal and Ethical Issues for Health Care Professionals

51. A legal obligation of care, performance or observance imposed on one to safeguard the rig hts of others.
Injury
Duty
Causation
d.Respondeatsuperior
e. Negligence
52. The pleadings of a case may involve which of the following?
Summons
Complaint
Answer
Bill of particulars
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  _
legislation
administrative rules, regulations or decisions
judicial decisions
all of the above
none of the above
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  _
political malpractice
racial discrimination
restraint of trade
public policy
right to self-determination
56. The Privacy Act of 1974, Title 5 United States Code (U.S.c.) 552, was enacted to
safeguard individual privacy from the misuse of federal records
give individuals access to records concerning themselves that are maintained by federal agencies
establish a Privacy Protection Safety Commission
all of the above
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
encourage the right to execute an advanced directive
a and b only
all of the above
What Act prohibits physicians who have ownership interest or compensation arrangements with a clinical laboratory from referring Medicare patients to that laboratory.
Sherman Antitrust Act
Ethics in Patient Referral Act of 1989
Health Care Quality Improvement Act
14th Amendment
Privacy Act of 1974
What Act was enacted to ensure that patients are informed of their rights to execute advance directives and accept or refuse medical care.
Ethics in Patient Referral Act
Patient Self-Determination Act of 1990
Oregon Death with Dignity Act
Health Care Quality Improvement Act
Health Insurance Portability and Accountability Act

60. An organization’s code of ethics  _
provides guidelines for behavior
help carry out an organization’s mission, vision and values
build trust
increase awareness of ethical issues
all of the above
61. Unethical conduct that is closely being monitored includes  _
false advertisements
fraudulent reimbursement schemes
accepting kick backs
all of the above
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  _
documentary evidence
direct evidence
evidence
burden of proof
an exhibit
64. The authority of a corporation specifically delegated by statute.
Express corporate authority
Implied authority
Ultra vi res acts
a and conly
none of the above
Situations in which a person has opportunity to promote self-interests that could have a detrimental effect on an organization.
Financial incentive
Profit motive
Conflict of interest
Virtue
Value
66. Corporate duties include  _
fiduciary duty
duty to supervise and manage
duty to act as a prudent person would act under similar circumstances
none of the above
a, b, and c
67. Professional codes of ethics for health care professionals have been developed to
provide guidance to those faced with ethical dilemmas
provide punishment for the those who break the law
provide guidance in dealing with government regulations
describe the job duties and responsibilities of a particular profession
provide clinical guidance in caring for patients
If the public is aware that a hospital furnishes emergency services and relies on that knowledge, the hospital  _
has no duty to provide those services to the public
has a duty to provide those services to the public
has a duty to provide every service that a patient may require
is only responsible to care for Medicare and Medicaid patients
none of the above
The American Health Information Management Association code of ethics provides that  _
the medical record must be preserved and protected
it refuses to participate in or conceal unethical practices or procedure
the confidential nature of the medical record must be preserved
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
Licensed professionals who exceed his or her scope of practice as defined by a particular state professional practice act can be found to  _
have violated licensure provisions
have performed tasks that are reserved by statute for another health care
professional
have performed appropriate tasks
a and b only
all of the above
The power and authority to regulate drugs, their products, packaging and distribution rests primarily with  _
hospital management
federal and state governments
federal drug enforcement agency
food and drug administration
HIPAA
A  is a registered nurse who has completed the necessary education to engage in primary health care decision-making.
licensed practical nurse
nursing assistant
staff nu rse
nurse specialist
nurse practitioner
A  is an aide who has been certified and trained to assist patients with activities of daily living.
nursing assistant
RN
LPN
physician’s assistant
environmental services aide
74. The Hippocratic Oath provides that a physician  _
follow regimen I consider for the benefit of my patient
give no deadly medicine to anyone if asked
not give to a woman a pessary to produce abortion
will abstain from seduction of females or males
all of the above
75. A physician’s efforts do not constitute negligence simply because  _
a physician cannot be required to guarantee care results
his or her treatments was unsuccessful in a particular case
there was another treatment the physician could have used
a and b only
none of the above
A deliberate falsification by a physician of his patient’s medical record to protect his own interests at the expense of his patient’s  _
is a necessary act
regarded as gross malpractice
cannot endanger the health or life of his patient
is often encouraged by the medical staff
none of the above
77. A physician’s moral responsibilities to his or her patients include  _
the right to privacy
respecting a patient’s decision to refuse treatment
the right to informed consent
providing the patient with the risks, benefits and alternatives to treatment
all ofthe above
78. A physician who falsifies entries on a patient’s medical record  _
does it intentionally
does it to avoid liability for one’s medical negligence
risks losing credibility with a jury should a case go to trial
may endanger the life of the patient
all of the above
79. Misdiagnosis may involve diagnosis and treatment of  _
a disease different from that which patient actually suffers
a disease that the patient does not have
symptoms of a disease but not the underlying disease
a and conly
a and b only
80. Evidence of a disruptive physician  _
can have negative impact on staff
can affect quality of care
is disruptive to ensuring patient welfare
all of the above
none of the above
81. The Hippocratic Oath provides that a physician will not  _
give to a woman a pessary to produce abortion
follow regimen he considers to be for the benefit of his patient
give deadly medicine to anyone if asked
abstain from seduction offemales or males
all of the above
82. The common-law “employment-at-will” doctrine provides that employment
is at the will of the employer not the employee
is at the will of either the employer or the employee
may be terminated by the employer or the employee at any time
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
Public policy originates with legislative enactments that prohibit discharge of  employees on the basis of  _
disability
age
race
creed
all of the above
84. There is a tendency for those in power to abuse that power through  _
threats
abuse
intimidation
retaliatory discharge
all of the above
The person who should be responsible for reviewing with patients the risks, benefits, and alternatives of a proposed diagnostic test or treatment is the  _
patient’s assigned primary care nurse
hospital chaplain
treating physician
individual assigned by the hospital, usually a social worker
patient’s assigned medical assistant
86. Consent can be  _
express consent
verbal consent
written agreement authorizing treatment
implied consent
all of the above
87. A written informed consent form should include  _
nature of the illness or injury and procedure or treatment consented to
purpose of proposed treatment
risks and probable consequences of the proposed treatment
signatures and date of the patient, physician, and witnesses
all of the above
A patient’s refusal to consent to a medical or surgical procedure must be adhered to, whether the refusal is  _
grounded on lack of confidence in the physician
fear of the procedure
doubt as to the value of a particular procedure
based on a mere whim
all of the above
89. The various states have enacted various child abuse statutes to  _
discourage good faith reporting
require good faith reporting
protect the abuser
encourage abuse
to reward the abuser
90. An individual who reports child abuse should be aware of  _
the physical and behavioral indicators of abuse
maltreatment that appear to be part of a pattern
bruises
burns and broken bones
all of the above
91. Behavioral indicators of abuse include  _
improved psychological or intellectual functioning
control of aggression
self-destructive impulses
ability to think and reason
failure to act out

92. Balancing the law and principles of ethics, the administrator of a health care facility
is not responsible for reporting evidence of abuse
is responsible for the unsafe conditions in his or her nursing facility
should be aware that statutes are created to protect the defendant
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  _
have special needs addressed
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  _
of little concern
never occurs in an individual’s home
the mistreatment or neglect of residents/patients/clients while under the care of a health care organization
is limited to an institutional setting
is not the mistreatment of individuals who are under the care of nursing homes
95. Signs of abuse include  _
broken bones
agitation
unexplained or unexpected death
sudden and unexpected emotional outbursts
all of the above
96. Patients have a right to  _
ask questions about their rights
execute an advance directive
a written copy of their rights
refuse treatment based on religious beliefs
all of the above

97. Patients have a responsibility to speak up and ask questions regarding  _
proposed treatment
diet
need for a consultant
medications
all of the above
Patients have a right to expect that information regarding their care and treatment will be kept confidential by  _
nurses and physicians
volunteers
housekeepers
board members
all ofthe above
Patients have a right to receive “Notice of Privacy Standards;’ a requirement under the  _
Limitation and Disclosure Act
Right to Know Act
Health Insurance Portability and Accountability Act
HMO Act of 1972
None of the above
100. A patient’s right to “speak-up” includes asking such questions as  _
Before changing my dressing … did you wash your hands?
Are you my nurse?
Why am I being given this medication?
Why am Ion a low fat diet?
all of the above


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