Legal And Ethical Quiz
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- 1.Which of the following is a situation in which the goal of law is not accurately portrayed?
- A.
A woman takes her husband to court to obtain a divource
- B.
An individual sues his neighbor over a property line
- C.
A man slashes his neighbor's tires over a dispute
- D.
A child is taken from her neglectful mother and placed in foster care by the state
- 2.The foundation of the law of the land is
- A.
State constitutions
- B.
Municipal laws
- C.
District court decisions
- D.
The constitution of the united states
- 3.Which of the following is not a result of the impact of the bill of rights on the health-care system
- A.
Patient privacy
- B.
Computerized patient records
- C.
Patient's denying of health care because of religious beliefs
- D.
Confidentiality of patient lab results
- 4.Which branch of government developed the source of law that implemented the medicaid and medicare amendments to the social security act of 1965
- A.
Legislative branch
- B.
Judicial branch
- C.
Executive branch
- D.
Municipal branch
- 5.Which of the following is not an agency that can enact rules that become administrative law
- A.
Occupational safety and health admin
- B.
American bar association
- C.
Department of health and human services
- D.
Environmental protection agency
- 6.
- A.
The legislature can develop statues and veto the executive branch
- B.
The executive branch has veto power and can propose legislation
- C.
The judicial branch interprets laws
- D.
The legislature proposes laws
- 7.Which state does not have roots in english common law
- A.
Texas
- B.
California
- C.
Louisiana
- D.
Maine
- 8.All the cases below would be considered a civil case except
- A.
Divorce
- B.
Breach of contract
- C.
Dispute over real estate sale
- D.
Terrorist threats
- 9.
- A.
A physician refuses to repay student loans
- B.
A physician performs a pelvic exam without a glove
- C.
An office assistant releases medical information without patient consent
- D.
An office assistant accesses medical informatin by computer about a patient who is not under a doctor's care at the time
- 10.An example of in personam jurisdiction is
- A.
A dispute between neighbors over a fence line
- B.
Theft of a computer from a private home
- C.
Vandalism to a car parked in a school lot
- D.
All of the above
- 11.When a court has jurisdiction over property or a thing itself, rather than over the people involved, the type of jurisdiction is called:
- A.
In rem jurisdiction
- B.
In personam jurisdiction
- C.
Ad litem jurisdiction
- D.
Appellate jurisdiction
- 12.Which of the following cases could be sent from the district court to the appellate court
- A.
A woman suing for the right to have an abortion in her last trimester of pregnancy
- B.
A man suing a physician for negligence
- C.
A parent suing on behalf of a child injured in a car accident
- D.
All of the above
- 13.The individual who brings a case to court is the
- A.
Defendant
- B.
Prosecuting attorney
- C.
Plaintiff
- D.
Defending attorney
- 14.If a physician is being sued by a patient for the acts of medical assistant, which of the following applies
- A.
Stare decisis
- B.
Respondeat superior
- C.
Res ipsa loquitur
- D.
Quid pro quo
- 15.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?
- A.
Sovereign immunity
- B.
Malpractice
- C.
Good samaritan
- D.
Negligence
- 16.When the us supreme court decises a case, it is binding to
- A.
Only the parties involved
- B.
Only the city involved and its residents
- C.
Only the state involved and its residents
- D.
All state and federal courts
- 17.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
- A.
Respondeat superior
- B.
Res ipsa loquitur
- C.
Stare decisis
- D.
Quid pro quo
- 18.If a judge decides a case on the basis of findings of a previous court in a similar case, which latin term applies
- A.
Respondeat superior
- B.
Res ipsa loquitur
- C.
Stare decisis
- D.
Quid pro quo
- 19.The supreme court hears cases from courts with what jurisdiction
- A.
Higher jurisdiction than the supreme court
- B.
Lower jurisdiction than the supreme court
- C.
Equal jurisdiction than the supreme court
- D.
No jurisdiction
- 20.
- A.
There must be proof of a breach of duty
- B.
No damages can be present
- C.
The cause of the damages does not have to be specific
- D.
The person who caused the damages does not have the duty to care for the patient
- 21.Which of the following would not be considered a tort
- A.
Medical malpractice
- B.
False imprisonment
- C.
Trespass
- D.
Theft of narcotics
- 22.Which type of tort has at its essence the relationship to or ownership of the thing that causes harm
- A.
Intentional torts
- B.
Quasi-intentional torts
- C.
Strict liability
- D.
Negligence
- 23.Which of the following is not among the major intentional torts
- A.
Battery
- B.
Murder
- C.
Assualt
- D.
False imprisonment
- 24.Placing a person in immediate fear or apprehension of a harmful touching without his or her consent is
- A.
Assault
- B.
Battery
- C.
Consent
- D.
Negligence
- 25.During which of the following surgeries would it be reasonable for a physician to remove the organ mentioned without specific consent
- A.
The physician removes an ovary that contains several cysts instead of removing the cysts alone
- B.
The physician finds an unexpected blood clot and removes it during heart surgery
- C.
The physician removes a uterus that is full of fibroid tumors
- D.
The physician notices a sebaceous cyst when removing suspicious moles from the surface of the skin and removes the cyst at the same time
- 26.Which of the following patients could probably receive a blood transusion without consent if the physician obtain a court order
- A.
A 65-year-old nursing home patient
- B.
A 20-year-old victtim of an industrial accident
- C.
A 17-year-old female whose parents refuse a transfusion
- D.
A 42-year-old mentally incompetent patient who has a legal guardian present
- 27.Which of the following can be transferred
- A.
Consent
- B.
Intent
- C.
Defamation
- D.
Torts
- 28.Consent is implied when
- A.
The patient's life is threatened if the procedure is not performed
- B.
The physician acts in the patient's best interest
- C.
The physician finds other concerns during the course of surgery
- D.
Consent is implied during all of these situations
- 29.In which of the following situations could sexual activity with a patient be acceptable
- A.
The physician and patient are both consenting adults
- B.
The patient agrees to sign a release form
- C.
The physician has clearly stated his or her intentions with the patient
- D.
Sexual activity is never acceptable with patients
- 30.In which of the following situations would a medical facility probably avoid false imprisionment charges
- A.
A cometent, elderly cnacer patient needs surgery and refuses to stay in the hospital
- B.
A minor female is hel against her parent's will without a court order
- C.
A severely intoxicated adult male is held in the hospital emergency room and the physician refuses to release him
- D.
A 20-year-old rape victim refuses to press charges to stay at hte hospital for treatment
- 31.A written statement of defamatin is known as
- A.
Slander
- B.
Assault
- C.
Libel
- D.
Negligence
- 32.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:
- A.
General consent
- B.
Ethical dilemma
- C.
Implied consent
- D.
Informed consent
- 33.Which type of consent is necessary to help health-care workers avoid accusations of battery
- A.
Informed consent
- B.
General consent
- C.
Assumed consent
- D.
Implied consent
- 34.Taising a hand to strike a patient, even if the patient was not touched, can be considered
- A.
Assault
- B.
Battery
- C.
Libel
- D.
Abuse
- 35.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
- A.
Ethical dilimma
- B.
Assault
- C.
Implied consent
- D.
Battery
- 36.Use of retraint on a nursing home patient who is constantly wandering the halls is an example of
- A.
Slander
- B.
Assault
- C.
Abuse
- D.
False imprisonment
- 37.Which of the following issues would not appear in an institution's policy on use of restraints
- A.
Under what circumstances retraints may be used
- B.
What type of monitoring the patient will require
- C.
What documentation is adequate to justify use of retraints
- D.
What type of restraints can be used during a staffing shortage
- 38.Quasi-intentional torts include all the following except
- A.
Slander
- B.
Invasion of privacy
- C.
Battery
- D.
Breach of confidentiality
- 39.The statement, "the information is true, but it is information that a person wants to keep private," likely pertains to
- A.
Invasion of privacy
- B.
Breach of confidentiality
- C.
Slander
- D.
False imprisonment
- 40.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
- A.
OSHA
- B.
HIPAA
- C.
Ethics
- D.
CMS
- 41.Which of the following statements regarding individual liability insurance policies is correct
- A.
A personal liablility policy is not neccessary if the health-care professional is employed in any capacity at a health-care facility, because the facility's policy will cover his or her actions
- B.
A person who does not own any property does not have anything to protect and therefore does not need a liability policy
- C.
Independent contractors may require individual liability coverage even though he or she may be covered under a health-care facility's policy
- D.
An independent contractor would not be sued and therefore does not need liablility coverage
- 42.The prime objective of obtaining liability coverage is to
- A.
Avoid batient malpractice lawsuites
- B.
Protect assets in the event of a settlement in the claimant's favor
- C.
Avoid paying malpractice claims
- D.
Provide protection against high legal costs
- 43.
- A.
A private nurse who sits with a patient just moved from intensive care
- B.
A registered nurse who works a weekend double shift only
- C.
A laboratory employee who works inside a hospital but is employed by an independent lab
- D.
A physician who visits his or her patients during rounds in a hospital
- 44.Most physicians' offices carry a liability policy. which of these individuals would not be covered under the policy
- A.
Physician
- B.
Medical assistant
- C.
Patient
- D.
Receptionist
- 45.A claim on a liability policy might result from
- A.
Sexual assault by a physician in the course/of a patient's visit
- B.
Dispensing the wrong medication to a patient
- C.
Errors made during surgery
- D.
All of the above
- 46.What is the best reason to carry a personal professional liability policy
- A.
It saves the physician money
- B.
It insures that the insurer maintains loyalty to its own insured
- C.
It is inexpensive
- D.
It is guaranteed payment of liability claims
- 47.Which is not an advantage of a personal professional liability policy
- A.
It is expensive
- B.
It provides pease of mind
- C.
It helps eliminate conflicts between employers and employees
- D.
It may cover acts that the employer's policy does not cover
- 48.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
- A.
Claims made
- B.
Tail coverage
- C.
Umbrella coverage
- D.
No coverage at all
- 49.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
- A.
Tail coverage
- B.
Claims made
- C.
Occurrence
- D.
Umbrella coverage
- 50.The declarations page of a policy would not include which of the following items
- A.
Details of coverage
- B.
Names of the persons or institutions covered
- C.
Period of time for which the policy is in effect
- D.
Amount of aggreagate coverage
- 51.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
- A.
Tail coverage
- B.
Occurrence
- C.
Claims made
- D.
Umbrella
- 52.Which of the following claims would probably be excluded from a professional liability policy
- A.
Dispensing the wrong medication
- B.
Reporting incorrect lab results to a patient
- C.
Sexually assaulting a patient
- D.
Removing the wrong organ
- 53.What is the best way to notify an insurer if a claim has been made against an insured person or facility
- A.
Call and leave a message
- B.
Send a letter by certified mail, return receipt requested
- C.
Wait until a lawsuit is filed to do anything
- D.
Send a letter by regular first-class mail
- 54.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
- A.
Indemnification
- B.
Cancellation
- C.
Contribution
- D.
Nonrenewal
- 55.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
- A.
Contribution
- B.
Settlement
- C.
Idemnification
- D.
Defense
- 56.the declarations page usually spells out which of the following espects of liability
- A.
Limits
- B.
Occurence
- C.
Incident
- D.
Medical incident
- 57.Liability policies usually require annual payment of which of the following
- A.
Installment
- B.
Sum
- C.
Premium
- D.
Deduction
- 58.Liability insurers are interested in whether individuals or facilities have ever had which of the following filed against them
- A.
Lawsuit
- B.
Malpractice
- C.
Negligence
- D.
Claim
- 59.Provisions in a policy usually allow an insurer to cancel or refuse to do which of the following with respect to the policy
- A.
Pay for
- B.
File a claim against
- C.
Process
- D.
Renew
- 60.When there are disagreements about a claim-related accident, exclusions in an employer's liability policy can cause which of the following
- A.
Loyalty
- B.
Conflict
- C.
Penalties
- D.
Resolution
- 61.
- A.
A physician removes the wrong organ after obtaining written consent
- B.
A patient decides she does not want surgery after signing consent, and the physician tries to persuade her to have it
- C.
A physician has a signed consent to remove a patient's ovaries but not her uterus; then the physician removes the uterus during the course of surgery
- D.
A physician has a signed consent and performs the correct surgery
- 62.Which of the following scenarios is not in line with the foundation of informed consent doctrine
- A.
A 63-year-old woman signs consent for her abdominal surgery
- B.
A 34-year-old woman signs consent for a tonsillectomy to be performed on her 6 year old son
- C.
An unconscious emergency room patient is taken to surgery without signed consent
- D.
A husband insits on signing a consent form for his seemingly dompetent wife
- 63.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
- A.
We are performing this surgery to remove the cysts from your ovaries
- B.
The cysts may be substantial enough that the entire ovary may need to be removed
- C.
You will be in the hospital for a few hours after recovery and then you can go home if you are feeling well
- D.
If you do not have the surgery, you will most likely continue to have severe pain
- 64.In which case has informed consent not been obtained correctly
- A.
The physician explains the procedures and offers the consent form for the patients signature
- B.
The physician allows a medical assistant to explain the consent form, including risks and benefits, and the assistnat offers the consent form for the patient's signature
- C.
The physician explains the procedures to the patient, asks for questions, and leaves the room as the medical assistant offers the consent form for the patient's signature
- D.
All of the above methods are correct
- 65.Consent is implied in all of the following situations except
- A.
An emergency patient who is barely conscious and without family nods "yes" when the physician says he needs emergency surgery
- B.
A patient in the physicians office for blood test arrives for the appointment and extends his arm for blood to be drawn
- C.
A non english speaking patient cooperates with the physician and lies down on the table, prompted by the physicians gestures for an examination
- D.
An unconscious emergency patient is taken to surgery without any consent
- 66.Which of the following is most likely considered a competent patient
- A.
A 63 year old patient diagnosed with dementia
- B.
A 43 year old patient diagnosed with dementia
- C.
A 36 year old female patient abused by her spouse
- D.
A 15 year old patient who is anemic
- 67.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
- A.
A wheelchair patient who lives in a nursing home because of inability to walk more than a few feet
- B.
An adult maile patient with history of clinical depression
- C.
A 55 year old adult male patient who lives independently but has a court appointed guardian
- D.
A 21 year old female cancer patient
- 68.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
- A.
The parent of a 2 year old chold receiving chemotherapy
- B.
The neighbor of an elderly adult receiving chemotherapy, if the adult patient has no family in the geographic area
- C.
The adult son of a patient
- D.
A court appointed guardian of the patient
- 69.The patient that expresses his or her wishes in writing with regard to medical treatment offers the following
- A.
Advance directive
- B.
Living will
- C.
Either a or b
- D.
Neither a or b
- 70.Which of the following would be classified as a special circumstance with regard to consent
- A.
A patient with a rare disease requiring surgery
- B.
A patient in a mental health facility
- C.
A minor patient
- D.
A patient over the age of 65
- 71.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
- A.
Informed consent
- B.
Informed refusal
- C.
Implied consent
- D.
Implied refusal
- 72.Which of the following is not an exception to the duty of disclosure
- A.
Emergencies
- B.
Minor procedures
- C.
Therapeutic exceptions
- D.
Routine surgery
- 73.What should be the motivation of a surrogate decision maker when considering removing life prolonging treatment from a patient
- A.
The costs involved in continuing the patients care
- B.
The welfare of the incompetent patient
- C.
The opinions of the family members
- D.
The suggestion of the physician
- 74.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:
- A.
Waiver
- B.
Living will
- C.
Advance directive
- D.
General consent
- 75.Informed consent is related to what area of law
- A.
Assault
- B.
Negligence
- C.
Battery
- D.
Trespass
- 76.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
- A.
Federal
- B.
State
- C.
Local
- D.
Civil
- 77.Many states have laws that permit minors, whether emancipated or not, to consent to treatment in which of the following situations
- A.
Treatment of sexually transmitted diseases
- B.
Decisions on birth control
- C.
Matters regarding pregnancy
- D.
All of the above
- 78.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
- A.
Informed consent
- B.
Waiver
- C.
Advance directive
- D.
General consent
- 79.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
- A.
Living will
- B.
Waiver
- C.
Advance directive
- D.
Medical durable power
- 80.All dying patients are guaranteed the right to
- A.
Comfort measures
- B.
Pain medication
- C.
Care that would normally be given to any patient
- D.
All of the above
- 81.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
- A.
The patient is allowed to take her personal medical record
- B.
The patient is not allowed to take her medical record because the physical record belongs to the physician or health-care facility
- C.
The patient is the owner of the informatin in the record
- D.
The patient is not the owner of the physical record
- 82.The primary purpose of a medical record is to
- A.
Prevent liability lawsuits
- B.
Provide a format for health care professionals to communicate with one another
- C.
Serve as a reference for previous care the patient has received
- D.
Plan for future care
- 83.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
- A.
Sue uses the information in the record to write a care plan
- B.
Sue checks the record to determine whether the patient refused her last medication
- C.
Sue looks at the record to confirm the spelling of a drug, which another patient is also taking, so that she can document it in the second patient's charts
- D.
Sue documents an instance during which the patient refuses to take her medication
- 84.Which of the following identifies a patient's strength
- A.
The ability to walk to the restoom alone
- B.
The ability to wash her face but not her legs and arms
- C.
The ability to communicate but limited to written responses
- D.
The ability to walk but only to the restroom
- 85.All of the following are components of the medical record except
- A.
Progress notes
- B.
Plan of care
- C.
Flow sheets
- D.
None of the above
- 86.Using the SOAP format, which of the following is objective data
- A.
My stomach hurts
- B.
Patient given milk of magnesia for stomach discomfort
- C.
Patient points to lower area of stomach
- D.
Stomach pain
- 87.Using the SOAP format, which of the followign is an assessment
- A.
Patient lifts eyelid to show forein object
- B.
I have something in my eye
- C.
Patient states eye has been watering for 3 days
- D.
Foreign object in left eye
- 88.Using the SOAPIE format, which statement is an evaluation
- A.
My back is sill very painful
- B.
Patient rubs back and shows obvious discomfort in facial expressions
- C.
Patient rests comfortably 1 hour after medicaion and states that pain is better
- D.
Give pain medication
- 89.Which of the following statements should not be used on an incident report
- A.
The patient walked to the restroom after being told to stay in bed with handrails in place
- B.
The patient was found on the floor when the nurse entered the room
- C.
The patient was found ont he floor by a nurse several moments after falling out of bed
- D.
The patient refused pain medicaion after the incident, stating she felt fine
- 90.Which legal problem involving medical records does a nurse face if she dispensed medicaiton of the basis of incorrect lab results
- A.
Accidental disclosure of private data
- B.
Midification of patient records
- C.
Clinical decision based on inaccurate information
- D.
Intentional disclosure of private data
- 91.Which health care professional is bound to protect the confidentiality of the medical record
- A.
The nurse providing patient care
- B.
The physician and his or her staff
- C.
The ancillary personnel int he hospital
- D.
All health care personnel
- 92.Which of the followign is false about charting
- A.
The original entry should be ligible
- B.
Entries shoudl be signed
- C.
The work error should be written above the wrong entry
- D.
All entries should be made in pen
- 93.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
- A.
Record unusual incidents or events
- B.
Record information with care
- C.
Chart the care you give
- D.
Do not falsify records
- 94.Which of the follwoing is not an advantage of electronic charting
- A.
Legible entries
- B.
Potential for streamlined documentation
- C.
Security issues and costs
- D.
Automatically pritned reports
- 95.Ich of the following are disadvantages of electronic charting
- A.
Availability of data for research projects
- B.
Instantly accessible records
- C.
Reduction in record tampering
- D.
Size of record could be huge
- 96.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
- A.
Ethical document
- B.
Medical document
- C.
Legal document
- D.
Facility policy
- 97.Which of the following SOAP methods is much more organized than the obsolete narrative format
- A.
Assessment
- B.
Diagnosis
- C.
Treatmetn
- D.
Charting
- 98.Which of the following is an abbreviated lsiting of the care elements specific to the patient
- A.
Flow sheet
- B.
Progress note
- C.
Admission orders
- D.
Kardex
- 99.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
- A.
Flow sheet
- B.
Progress note
- C.
Admission orders
- D.
Kardex
- 100.Progress notes can be structured in several ways, including SOAP, PIE, and which of the following
- A.
Narrative
- B.
SOAPIE
- C.
FLOW
- D.
Both a and b
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