Legal And Ethical Quiz

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1. As a result of increased use of computers in the health-care setting, the following was established to decrease the potential for breach of confidentiatlity

Explanation

HIPAA (Health Insurance Portability and Accountability Act) was established as a result of increased use of computers in the health-care setting to decrease the potential for breach of confidentiality. HIPAA provides regulations and guidelines for the protection of patient health information and sets standards for privacy and security. It ensures that healthcare providers, insurance companies, and other entities handling patient information maintain the confidentiality and integrity of the data, thereby safeguarding patient privacy.

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About This Quiz
Ethics Quizzes & Trivia

This 'Legal and Ethical Quiz' explores the intersection of law and ethical practices, focusing on the U. S. Constitution, the Bill of Rights, and administrative law. It challenges learners to understand legal foundations, the impact on healthcare, and the roles of government branches in law formation.

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2. A health-care professional who believs that an unconscious patient should receive a certain treatment but knows that the patient's religious beliefs prohibit such treatment faces

Explanation

The correct answer is ethical dilemma. In this scenario, the health-care professional is faced with a conflict between their belief that the unconscious patient should receive a certain treatment and the patient's religious beliefs that prohibit such treatment. This creates a moral dilemma for the professional as they must decide whether to respect the patient's religious beliefs or prioritize their own belief in providing the necessary treatment.

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3. What law prohibits the performance of any sort of experimental treatment for purposes of research without the express written consent of the patient or the patient's surragate decision maker

Explanation

The correct answer is federal because federal law prohibits the performance of any sort of experimental treatment for purposes of research without the express written consent of the patient or the patient's surrogate decision maker. This means that it is a violation of federal law to conduct experimental treatments without proper consent at the national level.

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4. The individual who brings a case to court is the

Explanation

The correct answer is plaintiff. In a court case, the plaintiff is the individual who initiates the legal action by bringing a case against another party. They are responsible for presenting their claims and seeking a remedy or compensation for any harm or wrongdoing they have suffered. The defendant, on the other hand, is the party against whom the case is brought and is required to defend themselves against the claims made by the plaintiff.

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5. What is the best way to notify an insurer if a claim has been made against an insured person or facility

Explanation

The best way to notify an insurer if a claim has been made against an insured person or facility is to send a letter by certified mail, return receipt requested. This method ensures that the letter is delivered to the intended recipient and provides proof of delivery. It also allows the sender to track the letter and receive confirmation when it is received. This is important in order to have a record of the notification and to ensure that the insurer is aware of the claim in a timely manner.

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6. All dying patients are guaranteed the right to

Explanation

The correct answer is "all of the above" because dying patients are guaranteed the right to comfort measures, such as providing a peaceful and supportive environment, pain medication to alleviate their suffering, and care that would normally be given to any patient. This ensures that dying patients receive the necessary support and treatment to make their final moments as comfortable as possible.

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7. If a physician is being sued by a patient for the acts of medical assistant, which of the following applies

Explanation

Respondeat superior is the correct answer because it is a legal doctrine that holds employers responsible for the actions of their employees. In this scenario, the physician would be held liable for the acts of the medical assistant because the assistant was acting within the scope of their employment. Stare decisis refers to the principle of following precedent, res ipsa loquitur is a doctrine used in negligence cases, and quid pro quo refers to a situation where something is given or received in exchange for something else.

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8. Which branch of government developed the source of law that implemented the medicaid and medicare amendments to the social security act of 1965

Explanation

The correct answer is the legislative branch. The legislative branch of government is responsible for creating and enacting laws. In this case, the source of law that implemented the Medicaid and Medicare amendments to the Social Security Act of 1965 would have been developed by the legislative branch. This branch includes the Congress, which consists of the Senate and the House of Representatives, and they have the authority to make and pass laws.

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9. Taising a hand to strike a patient, even if the patient was not touched, can be considered

Explanation

Raising a hand to strike a patient, even if the patient was not actually touched, can be considered assault. Assault refers to the intentional act of causing apprehension of harmful or offensive contact, even if physical contact does not occur. In this scenario, the act of raising a hand to strike the patient creates a reasonable fear or apprehension of imminent harmful contact, which falls under the definition of assault.

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10. When there are disagreements about a claim-related accident, exclusions in an employer's liability policy can cause which of the following

Explanation

Exclusions in an employer's liability policy can cause conflict when there are disagreements about a claim-related accident. This is because these exclusions may limit the coverage provided by the policy, leading to disputes between the employer and the injured party. The conflicting interests and interpretations of the policy terms can result in disagreements and conflicts regarding the liability and responsibility for the accident.

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11. Which charting guideline applies when the health care professional dcuments that the patient is receivign phone calls that seem to result in emotional reactions or fear

Explanation

The correct answer is to record unusual incidents or events. This is because the patient's emotional reactions or fear resulting from phone calls can be considered as unusual incidents or events that need to be documented. By recording these incidents, healthcare professionals can provide a comprehensive overview of the patient's condition and any factors that may be influencing their emotional well-being. This information can be valuable for future reference and for providing appropriate care to the patient.

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12. If a defendant is asked, "what did you see just before you stopped your car to help the victims of the car wreck?" what situation likely is involved?

Explanation

The situation likely involved in this question is the "good samaritan" situation. The question is asking about what the defendant saw before stopping their car to help the victims of a car wreck. This scenario relates to the concept of the good samaritan, where individuals voluntarily provide assistance to those in need, even if they are not legally obligated to do so.

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13. Which of the following is not among the major intentional torts

Explanation

The question is asking for the tort that is not considered one of the major intentional torts. Among the options given, murder stands out as it is a criminal offense rather than a tort. While battery, assault, and false imprisonment are all examples of intentional torts, murder involves the unlawful killing of another person and falls under criminal law. Therefore, murder is not among the major intentional torts.

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14. During which of the following surgeries would it be reasonable for a physician to remove the organ mentioned without specific consent

Explanation

In the given scenario, it would be reasonable for a physician to remove the unexpected blood clot during heart surgery without specific consent. This is because the presence of a blood clot during heart surgery poses a significant risk to the patient's life and immediate action is required to prevent further complications such as a heart attack or stroke. In such critical situations, the physician is authorized to make decisions in the best interest of the patient's health and well-being. Removing the blood clot is necessary to ensure the success and safety of the heart surgery.

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15. What should be the motivation of a surrogate decision maker when considering removing life prolonging treatment from a patient

Explanation

The motivation of a surrogate decision maker when considering removing life prolonging treatment from a patient should be the welfare of the incompetent patient. This means that the decision maker should prioritize what is in the best interest of the patient, taking into account their overall well-being, quality of life, and any potential suffering or harm that may result from continuing the treatment. Other factors such as the costs involved, opinions of family members, and suggestions of the physician may be considered, but the primary focus should always be on the welfare and best interest of the patient.

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16. Which of the following is not an agency that can enact rules that become administrative law

Explanation

The American Bar Association is not an agency that can enact rules that become administrative law. The American Bar Association is a professional organization for lawyers and does not have the authority to create or enforce laws. On the other hand, the Occupational Safety and Health Administration (OSHA), the Department of Health and Human Services, and the Environmental Protection Agency are all government agencies that have the power to enact rules and regulations that become administrative law.

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17. Which of the following is true about a malpractice case

Explanation

In a malpractice case, it is necessary to provide proof of a breach of duty. This means that there must be evidence to show that the healthcare professional failed to meet the standard of care expected in their profession. Without proof of a breach of duty, it would be difficult to establish that malpractice has occurred. The other options mentioned in the question are not true about a malpractice case. Damages are typically present, the cause of the damages must be specific, and the person who caused the damages has a duty to care for the patient.

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18. Which of the following identifies a patient's strength

Explanation

The ability to walk to the restroom alone can be considered a patient's strength because it indicates that they have sufficient mobility and independence to perform this task without assistance. It suggests that they have a certain level of physical capability and self-sufficiency, which can be seen as a positive aspect of their overall health and well-being.

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19. Which of the following statements about the checks and balances system is untrue

Explanation

The statement "the legislature can develop statutes and veto the executive branch" is true. The checks and balances system allows the legislature to create laws (statutes) and also gives them the power to veto or reject actions taken by the executive branch. This ensures that the legislature has a say in the decision-making process and can prevent any potential abuse of power by the executive branch.

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20. If an insurer pays a claim even though the physician contends that he or she was not at fault, the insurer may be exercising the right to

Explanation

If an insurer pays a claim even though the physician contends that he or she was not at fault, it indicates that the insurer is choosing to settle the claim. Settlement refers to an agreement reached between the insurer and the claimant to resolve the dispute without going to court. By choosing to settle, the insurer avoids the potential costs and uncertainties associated with litigation.

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21. Consent is being sought for a patient to undergo chemotherapy. whicch of the following would not be considered a surrogate decision maker in the event that the patient is unable to consent

Explanation

The neighbor of an elderly adult receiving chemotherapy would not be considered a surrogate decision maker in the event that the patient is unable to consent because they do not have a legal or familial relationship with the patient. Surrogate decision makers are typically individuals who have a close relationship with the patient and are authorized to make medical decisions on their behalf. In this case, the parent of a 2-year-old child receiving chemotherapy, the adult son of a patient, and a court-appointed guardian of the patient would all be considered appropriate surrogate decision makers.

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22. Which health care professional is bound to protect the confidentiality of the medical record

Explanation

All health care personnel are bound to protect the confidentiality of the medical record. This is because patient confidentiality is a fundamental ethical and legal obligation in healthcare. It ensures that patients' personal and medical information remains private and secure. All healthcare professionals, including nurses, physicians, and ancillary personnel, have access to sensitive patient information and must adhere to strict confidentiality policies and regulations to maintain patient trust and privacy.

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23. The foundation of the law of the land is

Explanation

The correct answer is the constitution of the United States. The constitution is the supreme law of the land in the United States and serves as the foundation for all other laws. It outlines the structure of the government, the rights and freedoms of individuals, and the limitations on governmental power. State constitutions, municipal laws, and district court decisions may be important sources of law, but they are all subordinate to the constitution of the United States.

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24. When a court has jurisdiction over property or a thing itself, rather than over the people involved, the type of jurisdiction is called:

Explanation

In rem jurisdiction refers to a court's authority over a specific property or thing, rather than the individuals involved in the case. This type of jurisdiction allows the court to make decisions and rulings that directly affect the property in question, regardless of who owns or possesses it. In rem jurisdiction is often used in cases involving disputes over ownership, rights, or claims to a particular property. It allows the court to determine the rights and obligations related to the property itself, rather than focusing on the personal rights or liabilities of the individuals involved.

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25. If a man enters surgery to have his left leg amputated and leaves surgery with his right leg amputated, which latin term of law applies

Explanation

The Latin term "res ipsa loquitur" translates to "the thing speaks for itself." In this scenario, it suggests that the outcome of the surgery speaks for itself, indicating that there was negligence or a mistake made during the procedure. The fact that the man entered surgery to have his left leg amputated but ended up with his right leg amputated is a clear indication of a medical error. Therefore, "res ipsa loquitur" is the appropriate Latin term of law to apply in this situation.

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26. Placing a person in immediate fear or apprehension of a harmful touching without his or her consent is

Explanation

Assault is the correct answer because it refers to the act of intentionally causing someone to fear immediate harm or apprehension of harmful touching without their consent. It involves the threat of physical harm or unwanted contact, even if no actual physical contact occurs. Battery, on the other hand, involves the intentional and unlawful physical contact with another person without their consent. Consent refers to giving permission or agreement, while negligence refers to the failure to exercise reasonable care, resulting in harm to others.

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27. A claim on a liability policy might result from

Explanation

A claim on a liability policy might result from sexual assault by a physician in the course of a patient's visit, dispensing the wrong medication to a patient, and errors made during surgery. In each of these scenarios, harm or injury is caused to the patient, which may lead to a claim being filed against the physician or healthcare provider. These incidents can result in legal action, financial compensation, or other consequences, making it important for healthcare professionals to have liability insurance to protect themselves and their practice.

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28. Which is not an advantage of a personal professional liability policy

Explanation

An advantage of a personal professional liability policy is that it may cover acts that the employer's policy does not cover. However, the statement "it is expensive" suggests that the cost of the policy is not an advantage.

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29. Liability policies usually require annual payment of which of the following

Explanation

Liability policies usually require an annual payment of a premium. A premium is the amount of money that an individual or business pays to an insurance company in exchange for insurance coverage. It is typically paid annually and is based on factors such as the type of coverage, the insured's risk profile, and the amount of coverage needed. The premium ensures that the policyholder is protected against potential liabilities and risks covered by the insurance policy.

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30. In which case has informed consent not been obtained correctly

Explanation

The correct answer is "the physician allows a medical assistant to explain the consent form, including risks and benefits, and the assistant offers the consent form for the patient's signature." In this case, the physician is not directly involved in explaining the procedures or obtaining consent from the patient. It is the responsibility of the physician to ensure that the patient fully understands the procedures, risks, and benefits before giving consent. Allowing a medical assistant to explain the consent form without direct involvement from the physician may lead to inadequate understanding or misinformation for the patient, making it incorrect to obtain informed consent in this manner.

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31. Which state does not have roots in english common law

Explanation

Louisiana is the correct answer because it does not have roots in English common law. Unlike the other states listed, Louisiana's legal system is based on the Napoleonic Code, which is derived from Roman law and the French Civil Code. This means that Louisiana's legal principles and procedures differ significantly from those of the other states, which all trace their legal traditions back to English common law.

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32. Which of the following individuals is probably an independent contractor

Explanation

The private nurse who sits with a patient just moved from intensive care is likely an independent contractor because they are providing a specific service to a patient on a temporary basis. Independent contractors typically have more control over their work schedule and are hired for specific tasks or projects, rather than being employed by a company or organization on a permanent basis.

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33. All the cases below would be considered a civil case except

Explanation

The given options consist of various legal disputes, such as divorce, breach of contract, and dispute over real estate sale. These are all civil cases that involve conflicts between individuals or entities. However, terrorist threats are typically considered criminal cases as they involve acts of violence or harm towards others. Therefore, terrorist threats would not be categorized as a civil case.

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34. The supreme court hears cases from courts with what jurisdiction

Explanation

The correct answer is "lower jurisdiction than the supreme court." The Supreme Court is the highest court in the land and has the authority to hear cases on appeal from lower courts. This means that it has jurisdiction over cases that have already been decided by lower courts and are being appealed. So, the Supreme Court does not hear cases from courts with higher jurisdiction, equal jurisdiction, or no jurisdiction, but rather from courts with lower jurisdiction.

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35. A written statement of defamatin is known as

Explanation

Libel is the correct answer because it refers to a written statement of defamation. Defamation involves making false statements about someone that harm their reputation, and when these false statements are made in writing, it is specifically called libel. Libel is a form of defamation that can cause significant damage to a person's reputation and can result in legal consequences.

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36. The statement, "the information is true, but it is information that a person wants to keep private," likely pertains to

Explanation

The statement "the information is true, but it is information that a person wants to keep private" is likely referring to invasion of privacy. Invasion of privacy occurs when someone's personal information or private affairs are disclosed without their consent. In this case, the information may be true, but the fact that the person wants to keep it private suggests that their privacy has been violated. This could involve unauthorized access to personal records, publicizing private conversations or photographs, or any other form of intrusion into someone's personal life.

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37. Which of the following is most likely considered a competent patient

Explanation

A competent patient is someone who has the ability to understand and make decisions about their own medical treatment. In this case, the 36-year-old female patient abused by her spouse is most likely considered a competent patient because her age and the fact that she is not diagnosed with any cognitive impairment, such as dementia, suggest that she has the capacity to understand and make decisions about her own healthcare. The other options, including the 63-year-old and 43-year-old patients diagnosed with dementia, and the 15-year-old patient who is anemic, are more likely to have impaired decision-making abilities due to their medical conditions or age.

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38. Many states have laws that permit minors, whether emancipated or not, to consent to treatment in which of the following situations

Explanation

Many states have laws that allow minors, regardless of their emancipation status, to give consent for treatment in situations involving sexually transmitted diseases, decisions on birth control, and matters regarding pregnancy. These laws recognize the importance of minors having access to necessary medical care and the ability to make informed decisions about their own reproductive health.

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39. The primary purpose of a medical record is to

Explanation

The primary purpose of a medical record is to provide a format for health care professionals to communicate with one another. Medical records contain important information about a patient's medical history, treatments, and current condition, which allows healthcare professionals to have a comprehensive understanding of the patient's health. This information facilitates effective communication and collaboration among healthcare providers, ensuring that everyone involved in the patient's care is well-informed and can make informed decisions. Additionally, medical records also serve as a reference for previous care the patient has received, aiding in continuity of care and planning for future treatments.

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40. In which of the following situations could sexual activity with a patient be acceptable

Explanation

Sexual activity with a patient is never acceptable because it violates professional boundaries, ethical guidelines, and can lead to exploitation, harm, and a breach of trust. Engaging in a sexual relationship with a patient can compromise the patient's autonomy, impair the quality of medical care, and create a power imbalance. It is crucial for healthcare professionals to prioritize the well-being and best interests of their patients, and engaging in sexual activity undermines this fundamental principle.

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41. The prime objective of obtaining liability coverage is to

Explanation

The prime objective of obtaining liability coverage is to protect assets in the event of a settlement in the claimant's favor. Liability coverage provides financial protection by covering the costs of legal fees, settlements, and judgments in case a claim is filed against the insured. By having liability coverage, individuals or businesses can safeguard their assets from being depleted in the event of a settlement, ensuring that they are not personally responsible for paying large sums of money out of pocket.

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42. the declarations page usually spells out which of the following espects of liability

Explanation

The declarations page typically specifies the limits of liability coverage. This means that it outlines the maximum amount that the insurance company will pay in the event of a claim. The limits may vary depending on the type of coverage, such as bodily injury or property damage. By clearly stating the limits, the insured party can understand the extent of their coverage and make informed decisions about their insurance needs.

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43. Patients who want their physician to decide what is best for them with regard to medical decision making and waive their right to informed consent sign a:

Explanation

A waiver is the correct answer because it refers to a legal document signed by patients who want their physician to make decisions on their behalf without seeking their informed consent. By signing a waiver, patients are essentially giving up their right to be fully informed about their medical treatment options and are entrusting their physician to make decisions in their best interest. This document allows physicians to act in the best interest of the patient without having to consult them for every decision.

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44. A patient comes to a medical office and demands that she be given her medical record. which of these statements is false in this situation

Explanation

The statement "the patient is allowed to take her personal medical record" is false in this situation. The patient is not allowed to take her medical record because the physical record belongs to the physician or health-care facility. Although the patient is the owner of the information in the record, they do not have the right to possess or take the physical record itself.

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45. Most physicians' offices carry a liability policy. which of these individuals would not be covered under the policy

Explanation

The patient would not be covered under the liability policy because the policy is designed to protect the physician and the medical staff from any claims or lawsuits arising from their professional activities. The patient is not part of the medical staff and therefore would not be included in the coverage provided by the policy.

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46. What is the best reason to carry a personal professional liability policy

Explanation

A personal professional liability policy ensures that the insurer maintains loyalty to its own insured because the policy is specifically designed to protect professionals from liability claims arising from their professional services. By having this policy, the insured can have confidence that their insurer will prioritize their best interests and provide support in case of any liability claims. This loyalty and support from the insurer can be crucial in protecting the professional's reputation, financial stability, and overall peace of mind.

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47. Which of the following would be classified as a special circumstance with regard  to consent

Explanation

A patient in a mental health facility would be classified as a special circumstance with regard to consent because individuals in such facilities may have impaired decision-making capacity due to their mental health condition. In these cases, obtaining informed consent may be more complex and require additional considerations, such as the need for a legal guardian or the involvement of an ethics committee. Special protocols and safeguards may be in place to ensure that the patient's rights and autonomy are respected while also prioritizing their well-being and treatment.

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48. Which dovument does a competent patient sign to express his or her futre health care wishes to be carried out when he or she can no longer make such decisions

Explanation

A competent patient signs a living will to express his or her future healthcare wishes to be carried out when he or she can no longer make such decisions. A living will is a legal document that outlines the patient's preferences regarding medical treatment in the event that they become unable to communicate or make decisions for themselves. It allows the patient to specify their desired treatments, such as resuscitation, life support, or organ donation, and ensures that their wishes are respected and followed by healthcare providers.

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49. Which of the following is not a result of the impact of the bill of rights on the health-care system

Explanation

The impact of the bill of rights on the health-care system has led to several changes, including patient privacy, confidentiality of patient lab results, and patient's denying of health care because of religious beliefs. However, computerized patient records are not a direct result of the bill of rights. While the bill of rights may have influenced the overall development of the health-care system, computerized patient records are more of a technological advancement that has been implemented to improve efficiency and accessibility in healthcare.

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50. Sue is a nurse providing care for patient. in which of the follwoing situations is she not using the medical record according to the purposes of documentation

Explanation

Sue is not using the medical record according to the purposes of documentation when she looks at the record to confirm the spelling of a drug for a second patient. The purpose of documentation is to accurately record and communicate patient information for the provision of care. In this situation, Sue is using the record for a different patient's information, which is not relevant or appropriate for documenting the care of the second patient.

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51. When facilities wish to document care given to patients in restraints, neurological assessments, and vital signs, health care professionals may use which of the following

Explanation

A flow sheet is a tool commonly used in healthcare settings to document and track specific information over time. It allows healthcare professionals to record and monitor neurological assessments, vital signs, and care given to patients in restraints. Flow sheets provide a systematic way of documenting and organizing this information, making it easily accessible for healthcare providers to review and analyze. Progress notes, admission orders, and kardex are also important documentation tools in healthcare, but they may not specifically cater to the needs of documenting the mentioned care and assessments.

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52. An example of in personam jurisdiction is

Explanation

In personam jurisdiction refers to the authority of a court to hear a case and make a decision that is binding on the parties involved. It is based on the court's power over the person or entity involved in the dispute. In the given options, all of them involve disputes between individuals or entities, such as neighbors, homeowners, and car owners. Therefore, all of the above options demonstrate examples of in personam jurisdiction as they involve cases where a court would have the authority to hear the dispute and make a decision.

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53. Liability insurers are interested in whether individuals or facilities have ever had which of the following filed against them

Explanation

Liability insurers are interested in whether individuals or facilities have ever had lawsuits filed against them. This is because lawsuits can indicate potential risks and liabilities that may result in financial losses for the insurer. By knowing if a person or facility has a history of lawsuits, insurers can assess the level of risk involved and determine appropriate insurance coverage and premiums. Lawsuits can be filed for various reasons, such as personal injury, property damage, or professional malpractice. Therefore, it is important for liability insurers to consider the litigation history of individuals or facilities before providing coverage.

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54. A person comes into the emergency room complaining of chest pain. while the doctor is examining the paitent, the patient becomes inconscious. the physician performs life-saving measures to treat the patient. the physician determines that the patient needs emergency surgery or will definitely die. the patient is rushed to surgery. this is an example of:

Explanation

In this scenario, the patient comes into the emergency room complaining of chest pain and becomes unconscious while being examined by the doctor. The physician, recognizing the urgency of the situation, performs life-saving measures to treat the patient. The physician then determines that emergency surgery is necessary to save the patient's life. Since the patient is unconscious and unable to provide explicit consent for the surgery, the physician relies on the concept of implied consent. Implied consent is assumed when the patient's condition is life-threatening and immediate action is necessary to prevent further harm or death.

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55. If a policy was in effect from January 1, 1995, through December 31, 2000, and a liability claim was filed on June 23, 2002, what type of coverage could cover the claim, if purchased

Explanation

Tail coverage is a type of coverage that can cover a liability claim even if it is filed after the policy has expired. In this case, the policy was in effect from January 1, 1995, through December 31, 2000, and the claim was filed on June 23, 2002. Since the claim was filed after the policy had expired, the only type of coverage that could cover the claim would be tail coverage. Tail coverage provides extended coverage for claims that are made after the expiration of a policy.

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56. The declarations page of a policy would not include which of the following items

Explanation

The declarations page of a policy includes important information about the policy such as the names of the persons or institutions covered, the period of time for which the policy is in effect, and the amount of aggregate coverage. However, it would not include the details of coverage, as this information is typically outlined in the policy itself or in separate documents provided by the insurer. The declarations page serves as a summary of the policy's key details, making it easier for the policyholder to understand their coverage at a glance.

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57. Which of the following claims would probably be excluded from a professional liability policy

Explanation

Sexual assault is a criminal act and is not considered a professional liability. Professional liability insurance typically covers claims related to errors or negligence in providing professional services. While dispensing the wrong medication, reporting incorrect lab results, and removing the wrong organ are all examples of professional errors, sexually assaulting a patient is a criminal act that falls outside the scope of professional liability.

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58. Of the following scenarios, which would probably be considered battery

Explanation

In this scenario, the physician has obtained written consent from the patient to remove her ovaries but not her uterus. However, during the course of surgery, the physician mistakenly removes the uterus as well. This would likely be considered battery because the physician performed a surgical procedure that the patient did not consent to. Battery refers to the intentional and unauthorized touching or use of force on another person without their consent. In this case, the physician exceeded the scope of the patient's consent and performed a procedure that the patient did not agree to.

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59. The patient that expresses his or her wishes in writing with regard to medical treatment offers the following

Explanation

The correct answer is either a or b because both an advance directive and a living will are legal documents that allow a patient to express their wishes in writing regarding medical treatment. An advance directive is a broad term that encompasses various documents, including a living will, which specifically outlines the type of medical care a person wants or does not want in certain situations. Therefore, both options are correct as they represent different types of written expressions of a patient's medical treatment preferences.

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60. Informed consent is related to what area of law

Explanation

Informed consent is related to the area of law known as negligence. Negligence refers to the failure to exercise reasonable care, resulting in harm to another person. Informed consent is a legal concept that requires individuals to be fully informed about the risks and benefits of a medical procedure or treatment before giving their consent. If a healthcare professional fails to obtain informed consent from a patient and the patient suffers harm as a result, it can be considered a form of negligence. Therefore, informed consent falls within the realm of negligence in the field of law.

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61. Which of the following cases could be sent from the district court to the appellate court

Explanation

All of the given cases could be sent from the district court to the appellate court. The district court is the trial court where cases are initially heard, and the appellate court is the higher court that reviews decisions made by the lower courts. In each of the mentioned cases, there could be a possibility of an appeal if either party is dissatisfied with the district court's decision. Therefore, all of these cases have the potential to be sent to the appellate court for further review and consideration.

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62. When the us supreme court decises a case, it is binding to

Explanation

When the US Supreme Court decides a case, its decision is binding on all state and federal courts. This means that the ruling applies not only to the parties involved in the specific case but also sets a precedent that must be followed by all other courts in the country. The Supreme Court is the highest court in the land and its decisions have the power to shape and interpret the law for the entire nation. Therefore, its rulings have a broad impact and are applicable to all courts at both the state and federal level.

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63. Which of the following patients could probably receive a blood transusion without consent if the physician obtain a court order

Explanation

A 17-year-old female whose parents refuse a transfusion could probably receive a blood transfusion without consent if the physician obtains a court order. This is because the patient is a minor and her parents have refused the transfusion on her behalf. In such cases, if the physician believes that the transfusion is necessary for the patient's well-being, they can seek a court order to override the parents' refusal and proceed with the transfusion.

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64. Consent is implied when

Explanation

Consent is implied when the patient's life is threatened if the procedure is not performed. In this situation, the urgency and necessity of the procedure outweigh the need for explicit consent from the patient. The physician is acting in the best interest of the patient's health and well-being by proceeding with the procedure without obtaining explicit consent. This is a justified exception to the general requirement of obtaining informed consent from the patient.

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65. Which of the following can include a living will and a medical durable power of attorney that designates a health care proxy, health careproxy, health care surrogate or health care respresentative

Explanation

An advance directive is a legal document that allows an individual to make decisions about their medical care in advance, in case they become unable to communicate their wishes in the future. It can include a living will, which outlines specific medical treatments or interventions that the person does or does not want, and a medical durable power of attorney, which designates someone to make healthcare decisions on their behalf. Therefore, an advance directive can include both a living will and a medical durable power of attorney, making it the correct answer.

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66. Using the SOAPIE format, which statement is an evaluation

Explanation

The statement "patient rests comfortably 1 hour after medication and states that pain is better" is an evaluation because it assesses the patient's condition after taking the medication. It indicates that the pain has improved based on the patient's report and observation of their comfort level.

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67. Which of the following is a situation in which the goal of law is not accurately portrayed?

Explanation

In this situation, the goal of law is not accurately portrayed because slashing someone's tires is an act of vandalism and aggression, which is against the law. The goal of law is to ensure justice, maintain order, and protect individuals and their property. However, the man's action of damaging his neighbor's property goes against these principles and is not a lawful or justified way to resolve a dispute.

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68. Which of the following is primarily a criminal case

Explanation

Performing a pelvic exam without a glove is primarily a criminal case because it involves a violation of medical ethics and potentially exposes the patient to harm. This action can be considered as medical malpractice and a breach of the physician's duty of care towards the patient. It may also be seen as a violation of the patient's rights and bodily autonomy. Criminal charges could be brought against the physician for negligence or assault, depending on the jurisdiction and specific circumstances of the case.

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69. Which of the following can be transferred

Explanation

Intent can be transferred in the context of tort law. Transferred intent occurs when a person intends to commit a wrongful act against one individual but ends up causing harm to another person instead. In such cases, the law allows the intent to be transferred from the intended victim to the actual victim. This means that the person who intended to cause harm will still be held liable for their actions, even if the harm was inflicted on a different person than originally intended.

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70. Use of retraint on a nursing home patient who is constantly wandering the halls is an example of

Explanation

The use of restraint on a nursing home patient who is constantly wandering the halls is an example of false imprisonment. False imprisonment refers to the intentional confinement or restraint of a person without lawful justification. In this case, the patient is being confined against their will, which is a violation of their freedom and personal rights.

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71. Which legal problem involving medical records does a nurse face if she dispensed medicaiton of the basis of incorrect lab results

Explanation

A nurse faces the legal problem of making a clinical decision based on inaccurate information if she dispenses medication based on incorrect lab results. This means that her decision to administer medication to a patient was influenced by inaccurate or incorrect information, which can have serious consequences for the patient's health and well-being. It is crucial for healthcare professionals to rely on accurate and reliable information when making clinical decisions to ensure the safety and proper treatment of patients.

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72. Which of the followign is false about charting

Explanation

In charting, it is essential to ensure that the original entry is legible and entries are signed. Additionally, all entries should be made in pen. However, the statement that the work error should be written above the wrong entry is false. It is important to correct any errors in charting, but the correct practice is to draw a single line through the incorrect entry, write "error" or "mistake" next to it, and then make the correct entry. Writing the error above the wrong entry can cause confusion and make the charting difficult to interpret.

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73. Which of the follwoing is not an advantage of electronic charting

Explanation

Electronic charting offers several advantages, including legible entries, potential for streamlined documentation, and automatically printed reports. However, security issues and costs are not considered advantages of electronic charting. Security issues can arise due to the potential for unauthorized access or data breaches, while costs may be incurred for implementing and maintaining electronic charting systems. Therefore, security issues and costs are not considered beneficial aspects of electronic charting.

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74. Which of the following would not be considered a tort

Explanation

Theft of narcotics would not be considered a tort because it is a criminal act, not a civil wrong. A tort refers to a civil wrongdoing that causes harm or injury to another person, while theft of narcotics is a criminal offense that involves the unlawful taking of someone else's drugs. Although it is illegal and punishable under criminal law, it does not fall under the category of tort law.

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75. A 45 year old female patient had lumps in her breast since 1996. she was diagnosed with breat cancer in 1998 after being advised at every medical checkup, beginning in 1990k, to have annual mammograms. every checkup discussion included the risks of not having the mommograms, as she was considered a high risk patient. she had a mammogram on 1990 and again in 1992. she has brought a medical professinal liablity suit against her physician because she says he should have diagnosed the lumps in 1996. what principle may cause the paitent to lose her case

Explanation

The principle that may cause the patient to lose her case is "informed refusal." Informed refusal refers to the patient's right to refuse a recommended medical treatment or procedure after being fully informed of the potential risks and benefits. In this case, the patient had been advised to have annual mammograms and was aware of the risks of not having them. However, she chose not to follow the medical advice and did not have a mammogram in 1996. Therefore, her decision to refuse the recommended mammogram may weaken her case against the physician, as she was informed of the risks and made an informed refusal.

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76. Using the SOAP format, which of the following is objective data

Explanation

The objective data in this scenario is "patient points to lower area of stomach." This is considered objective because it is a direct observation that can be measured or verified by someone else. The other statements, such as "my stomach hurts" and "stomach pain," are subjective data as they are based on the patient's own perception or feelings. The statement "patient given milk of magnesia for stomach discomfort" is also subjective as it is based on the healthcare provider's assessment and decision.

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77. Quasi-intentional torts include all the following except

Explanation

Quasi-intentional torts refer to actions that are committed with some level of intent, but not with the full intention to cause harm. Battery, on the other hand, is considered an intentional tort, as it involves the intentional harmful or offensive contact with another person without their consent. Therefore, battery does not fall under the category of quasi-intentional torts.

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78. The medical record used to determine whether health care professionals met obligations to patients and followed policies and guidelines, is considered which of the following

Explanation

The medical record is considered a legal document because it is used to determine whether healthcare professionals met their obligations to patients and followed policies and guidelines. It serves as evidence of the care provided and can be used in legal proceedings to establish the standard of care, liability, or malpractice. It is important for healthcare professionals to accurately and comprehensively document patient information in order to protect themselves legally and ensure proper patient care.

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79. Which type of consent is necessary to help health-care workers avoid accusations of battery

Explanation

General consent is necessary to help health-care workers avoid accusations of battery. General consent refers to the broad permission given by a patient for routine medical procedures and examinations. It allows health-care workers to provide necessary care without obtaining specific consent for each individual procedure. This type of consent ensures that patients are aware of the general nature of the procedures they may undergo and eliminates the risk of accusations of battery, as long as the care provided falls within the scope of the general consent given.

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80. Which of the following statements regarding individual liability insurance policies is correct

Explanation

Independent contractors may require individual liability coverage even though they may be covered under a health-care facility's policy because the facility's policy may not provide sufficient coverage for all potential liabilities. Additionally, individual liability coverage can provide protection for the contractor in case they are sued individually, separate from any actions taken at the health-care facility.

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81. All of the following are components of the medical record except

Explanation

The correct answer is "none of the above" because all of the listed options (progress notes, plan of care, flow sheets) are indeed components of the medical record. Therefore, there is no option that is excluded from being a component of the medical record.

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82. In which of the following situations would a medical facility probably avoid false imprisionment charges

Explanation

In this situation, a medical facility would probably avoid false imprisonment charges because the severely intoxicated adult male poses a danger to himself and others due to his impaired state. By holding him in the hospital emergency room and refusing to release him, the physician is acting in the best interest of the patient's safety and well-being. This action can be justified as necessary to prevent harm and ensure proper medical care for the intoxicated individual.

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83. If a judge decides a case on the basis of findings of a previous court in a similar case, which latin term applies

Explanation

Stare decisis is the correct answer because it refers to the legal principle of deciding cases based on precedent. When a judge relies on the findings of a previous court in a similar case, they are following the doctrine of stare decisis, which promotes consistency and stability in the legal system. This principle allows for predictability in the law and ensures that similar cases are treated similarly, creating a sense of fairness and equality.

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84. Which of the following scenarios is not in line with the foundation of informed consent doctrine

Explanation

The scenario where a husband insists on signing a consent form for his seemingly competent wife is not in line with the foundation of informed consent doctrine. Informed consent requires that the individual giving consent is capable of understanding the information provided and making a voluntary decision. In this scenario, the wife is seemingly competent, indicating that she is capable of understanding and making her own decisions. Allowing the husband to sign the consent form without the wife's input would violate the principle of autonomy and the right to make decisions about one's own healthcare.

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85. Progress notes can be structured in several ways, including SOAP, PIE, and which of the following

Explanation

Progress notes can be structured in several ways, including SOAP, PIE, and narrative. The SOAP format stands for Subjective, Objective, Assessment, and Plan, while the PIE format stands for Problem, Intervention, and Evaluation. Both SOAP and PIE provide a structured framework for organizing and documenting patient information in a systematic manner. Therefore, the correct answer is "both a and b" as progress notes can be structured using both SOAP and PIE formats.

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86. Which type of tort has at its essence the relationship to or ownership of the thing that causes harm

Explanation

Strict liability is the type of tort that holds individuals or entities responsible for any harm caused by their actions or products, regardless of whether they intended to cause harm or were negligent. Unlike other types of torts, strict liability focuses on the ownership or relationship to the thing that caused harm, rather than the intent or negligence of the party involved. This means that even if the person or entity did everything reasonably possible to prevent harm, they can still be held liable for any damages caused.

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87. Which of the following issues would not appear in an institution's policy on use of restraints

Explanation

The issue of what type of restraints can be used during a staffing shortage would not appear in an institution's policy on the use of restraints. The policy would typically focus on guidelines for the use of restraints, the circumstances under which restraints may be used, the type of monitoring required for patients in restraints, and the documentation needed to justify their use. However, the policy would not specifically address the type of restraints that can be used during a staffing shortage, as this is not directly related to the policy on restraint use.

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88. The general rule regarding competency states that a person is presumed to be competent unless there is a valid reason to believe otherwise. which of the following patients might not be competent

Explanation

The general rule regarding competency states that a person is presumed to be competent unless there is a valid reason to believe otherwise. In this case, the fact that the 55-year-old adult male patient has a court-appointed guardian suggests that there may be a valid reason to believe that he is not competent. The appointment of a guardian typically occurs when a person is deemed incapable of making decisions for themselves. Therefore, this patient might not be competent based on the information provided.

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89. Dr sims is explaining the consent form to ms barber, who will undergo surgery next week. which of the following statements does not fulfill an informed consent disclosure requirement

Explanation

The statement "you will be in the hospital for a few hours after recovery and then you can go home if you are feeling well" does not fulfill an informed consent disclosure requirement because it does not provide information about the potential risks, complications, or alternative treatment options associated with the surgery. Informed consent requires that patients are adequately informed about the procedure, its potential benefits, risks, and alternatives so that they can make an informed decision about their treatment.

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90. Ich of the following are disadvantages of electronic charting

Explanation

The disadvantage of electronic charting is that the size of the record could be huge. Electronic records can accumulate a large amount of data, which can lead to storage issues and difficulties in managing and accessing the information efficiently. This can be particularly problematic in healthcare settings where there is a high volume of patient data being generated and stored electronically.

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91. Using the SOAP format, which of the followign is an assessment

Explanation

The correct answer is "foreign object in left eye" because it is a specific and objective observation that can be assessed using the SOAP format. The other options are either subjective statements or general complaints that do not provide a clear assessment of the patient's condition.

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92. Several people sue a physician for medical professional liability over the course of one year, such that the limits of the policy are exceeded. What type of coverage may cover amounts over the limit of the regular policy

Explanation

Umbrella coverage is a type of insurance that provides additional liability coverage beyond the limits of a regular policy. In this scenario, where multiple people are suing a physician for medical professional liability and the limits of the policy are exceeded, an umbrella policy would come into play to cover the amounts over the limit. This additional coverage helps protect the physician from financial loss and ensures that all claims are adequately covered.

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93. Provisions in a policy usually allow an insurer to cancel or refuse to do which of the following with respect to the policy

Explanation

The provisions in a policy usually allow an insurer to cancel or refuse to renew the policy. This means that the insurer has the right to choose not to continue the policy after its expiration date. This could be due to various reasons such as non-payment of premiums, changes in the insured's risk profile, or the insurer's decision to no longer offer coverage in a particular area or for a specific type of policy.

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94. Which of the following is an abbreviated lsiting of the care elements specific to the patient

Explanation

A kardex is an abbreviated listing of the care elements specific to the patient. It is a concise summary of important information such as diagnosis, medications, allergies, and specific care instructions. The kardex helps healthcare professionals quickly access and review essential patient details, ensuring efficient and accurate care delivery. It serves as a reference tool for healthcare providers to have a quick snapshot of the patient's condition and care plan.

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95. If the insurer determines that individuals not named int he claim played a role in the incident that led to the filing, the insurer may exercise the right of

Explanation

If the insurer determines that individuals not named in the claim played a role in the incident that led to the filing, the insurer may exercise the right of contribution. This means that the insurer can seek financial reimbursement from the other individuals involved in the incident to help cover the costs of the claim.

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96. Consent is implied in all of the following situations except

Explanation

In all the given situations, consent can be implied except for the non-English speaking patient cooperating with the physician and lying down on the table. Implied consent requires some form of action or indication from the patient that they are willing to proceed with the medical procedure. In this case, the patient's cooperation and lying down on the table may indicate trust or compliance, but it does not explicitly indicate consent for the examination. Without proper communication and understanding of the procedure, it is important to obtain explicit consent to ensure the patient's autonomy and right to make informed decisions.

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97. Which of the following SOAP methods is much more organized than the obsolete narrative format

Explanation

Charting is a SOAP method that is much more organized than the obsolete narrative format. Charting involves the systematic recording of patient information in a structured and standardized manner, making it easier to access and understand. It allows for clear and concise documentation of assessments, diagnoses, and treatments, which enhances communication and continuity of care among healthcare providers. In contrast, the narrative format can be disorganized, lengthy, and prone to subjective interpretations, making it less efficient and reliable for healthcare professionals. Therefore, charting is a superior SOAP method in terms of organization and effectiveness.

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98. Which of the following statements should not be used on an incident report

Explanation

The statement "the patient was found on the floor when the nurse entered the room" should not be used on an incident report because it does not provide a clear timeline of events. It is important to document the sequence of events accurately, including when the patient fell out of bed and when they were found on the floor. This statement does not specify when the nurse entered the room in relation to the patient falling out of bed, which could lead to confusion and misinterpretation of the incident.

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99. A policy was in effect from July 1, 1979, through August 31, 1995. a claim was made on the policy on October 24, 1998, related to an incident that happened while coverage was in force. which type of policy is most likely to cover the claim

Explanation

An occurrence policy is most likely to cover the claim in this scenario. An occurrence policy provides coverage for incidents that happened during the policy period, regardless of when the claim is made. In this case, the incident happened while coverage was in force, even though the claim was made after the policy period ended. Therefore, an occurrence policy would still provide coverage for the claim.

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100. Which of the following is not an exception to the duty of disclosure

Explanation

Routine surgery is not an exception to the duty of disclosure because it is a common and standard procedure that does not involve any unexpected risks or complications. In routine surgery, the surgeon follows established protocols and informs the patient about the procedure, potential risks, and expected outcomes. The duty of disclosure is essential in medical practice to ensure that patients have all the necessary information to make informed decisions about their healthcare. Therefore, routine surgery does not exempt the healthcare provider from their obligation to disclose relevant information to the patient.

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Which of the following is not among the major intentional torts
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Which of the following is true about a malpractice case
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If an insurer pays a claim even though the physician contends that he...
Consent is being sought for a patient to undergo chemotherapy. whicch...
Which health care professional is bound to protect the confidentiality...
The foundation of the law of the land is
When a court has jurisdiction over property or a thing itself, rather...
If a man enters surgery to have his left leg amputated and leaves...
Placing a person in immediate fear or apprehension of a harmful...
A claim on a liability policy might result from
Which is not an advantage of a personal professional liability policy
Liability policies usually require annual payment of which of the...
In which case has informed consent not been obtained correctly
Which state does not have roots in english common law
Which of the following individuals is probably an independent...
All the cases below would be considered a civil case except
The supreme court hears cases from courts with what jurisdiction
A written statement of defamatin is known as
The statement, "the information is true, but it is information...
Which of the following is most likely considered a competent patient
Many states have laws that permit minors, whether emancipated or not,...
The primary purpose of a medical record is to
In which of the following situations could sexual activity with a...
The prime objective of obtaining liability coverage is to
The declarations page usually spells out which of the following...
Patients who want their physician to decide what is best for them with...
A patient comes to a medical office and demands that she be given her...
Most physicians' offices carry a liability policy. which of these...
What is the best reason to carry a personal professional liability...
Which of the following would be classified as a special circumstance...
Which dovument does a competent patient sign to express his or her...
Which of the following is not a result of the impact of the bill of...
Sue is a nurse providing care for patient. in which of the follwoing...
When facilities wish to document care given to patients in restraints,...
An example of in personam jurisdiction is
Liability insurers are interested in whether individuals or facilities...
A person comes into the emergency room complaining of chest pain....
If a policy was in effect from January 1, 1995, through December 31,...
The declarations page of a policy would not include which of the...
Which of the following claims would probably be excluded from a...
Of the following scenarios, which would probably be considered battery
The patient that expresses his or her wishes in writing with regard to...
Informed consent is related to what area of law
Which of the following cases could be sent from the district court to...
When the us supreme court decises a case, it is binding to
Which of the following patients could probably receive a blood...
Consent is implied when
Which of the following can include a living will and a medical durable...
Using the SOAPIE format, which statement is an evaluation
Which of the following is a situation in which the goal of law is not...
Which of the following is primarily a criminal case
Which of the following can be transferred
Use of retraint on a nursing home patient who is constantly wandering...
Which legal problem involving medical records does a nurse face if she...
Which of the followign is false about charting
Which of the follwoing is not an advantage of electronic charting
Which of the following would not be considered a tort
A 45 year old female patient had lumps in her breast since 1996. she...
Using the SOAP format, which of the following is objective data
Quasi-intentional torts include all the following except
The medical record used to determine whether health care professionals...
Which type of consent is necessary to help health-care workers avoid...
Which of the following statements regarding individual liability...
All of the following are components of the medical record except
In which of the following situations would a medical facility probably...
If a judge decides a case on the basis of findings of a previous court...
Which of the following scenarios is not in line with the foundation of...
Progress notes can be structured in several ways, including SOAP, PIE,...
Which type of tort has at its essence the relationship to or ownership...
Which of the following issues would not appear in an institution's...
The general rule regarding competency states that a person is presumed...
Dr sims is explaining the consent form to ms barber, who will undergo...
Ich of the following are disadvantages of electronic charting
Using the SOAP format, which of the followign is an assessment
Several people sue a physician for medical professional liability over...
Provisions in a policy usually allow an insurer to cancel or refuse to...
Which of the following is an abbreviated lsiting of the care elements...
If the insurer determines that individuals not named int he claim...
Consent is implied in all of the following situations except
Which of the following SOAP methods is much more organized than the...
Which of the following statements should not be used on an incident...
A policy was in effect from July 1, 1979, through August 31, 1995. a...
Which of the following is not an exception to the duty of disclosure
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