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Legal and Ethical Issues for Health Professions 3rd Edition Test Bank

Legal and Ethical Issues for Health Professions 3rd Edition Test Bank simplifies complex ideas with well-organized content, making learning more accessible.

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    Chapter 01: The U.S. Legal System Test Bank MULTIPLE CHOICE 1. Which is a situation in which the goal of law is not accurately portrayed? a. A woman takes her husband to court to obtain a divorce. 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. ANS: C Taking the law into one’ s own hands never fulfills the goal of law. The goal of law is to resolve disputes without violence and to protect individual citizens’ health, safety, and welfare. Taking an individual to court or to the proper regulatory agency resolves matters peacefully. DIF: Cognitive Level: Comprehension REF: p. 3 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. ANS: D The U.S. Constitution grants certain powers to the federal government. Unless a specific power is granted to the U.S. government, that power is left to the jurisdiction of state government. DIF: Cognitive Level: Knowledge REF: pp. 3 - 6 3. Who has the power to regulate healthcare through their capacity to protect the health, safety, and welfare of their citizens? a. City government b. County government c. State government d. Federal government ANS: C States have the police power to regulate nurses, pharmacists, physicians, chiropractors, physical therapists, and other licensed healthcare providers. DIF: Cognitive Level: Knowledge REF: p. 6 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 b. Judicial c. Executive

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    d. Municipal ANS: A The legislative branch of government develops statutory law. The executive branch can propose or veto laws, and the judicial branch develops and interprets statutory law. DIF: Cognitive Level: Knowledge REF: p. 4 5. Which is not an agency that can enact rules that become administrative law? a. Occupational Safety and Health Administration b. American Bar Association c. Department of Health and Human Services d. Environmental Protection Agency ANS: B The legislature enables certain agencies to develop rules and regulations, such as the Occupational Safety and Health Administration, the Department of Health and Human Services, and the Environmental Protection Agency. The American Bar Association is a private organization, not a governmental agency. DIF: Cognitive Level: Comprehension REF: pp. 4 - 5 6. Which statements about the checks and balances system is untrue? a. The legislature can develop statutes 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. ANS: A The legislature can propose laws and develop statutes, but it does not have veto power. The executive branch can veto and propose legislation, while the judicial branch interprets laws and their application to individual cases. DIF: Cognitive Level: Comprehension REF: p. 6 7. Which state does not have roots in English common law? a. Texas b. California c. Louisiana d. Maine ANS: C All states except Louisiana have adopted a common law system. Louisiana adopted a civil code system based on Napoleonic code, because France originally colonized the state. DIF: Cognitive Level: Comprehension REF: pp. 6 - 7 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.

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    ANS: D Civil law includes areas of the law such as contract issues, intentional torts, negligence, malpractice, and privacy issues. A terrorist threat would be considered a criminal offense. DIF: Cognitive Level: Comprehension REF: pp. 7 - 8 9. Which is primarily a criminal case? 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 information by computer about a patient who is not under a physician’s care at the time. ANS: B The physician has probably committed battery, a criminal offense, on the patient by not using a glove for the pelvic examination. Issues related to contracts, such as student loans, are civil matters. Privacy issues also fall under administrative law, which is part of the civil category. DIF: Cognitive Level: Application REF: pp. 7 - 8 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. ANS: D In personam jurisdiction means that the court has jurisdiction over the person involved in the case. If the action giving rise to the case occurred in a certain geographical area, then the trial court in that area has jurisdiction over the case and the people involved in the case. DIF: Cognitive Level: Application REF: p. 10 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. ANS: A The court determines right to the property in an in rem jurisdiction case, which is usually binding against the whole world, not just the parties involved. DIF: Cognitive Level: Knowledge REF: p. 10 12. Which 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

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    ANS: D The right to terminate a pregnancy is determined by the state statute. An appell ate case must be sent to the appellate court from the district court. All of these cases have the potential to be sent from the district court to the appellate court. DIF: Cognitive Level: Application REF: pp. 11 - 12 13. The individual who brings a case to court is the: a. defendant. b. prosecuting attorney. c. plaintiff. d. defending attorney. ANS: C The person bringing suit is the plaintiff, and the defendant is the person being sued. Attorneys are not named as the person bringing suit. The names in the case reveal who is suing whom. DIF: Cognitive Level: Knowledge REF: p. 10 14. If a physician is being sued by a patient for the acts of a medical assistant, which of the following applies? a. Stare decisis b. Respondeat superior c. Res ipsa loquitur d. Quid pro quo ANS: B Respondeat superior is a Latin term that means, “Let the master answer.” If the medical assistant is sued for actions that harmed a patient, her superior is also likely to be sued, because the supervisor — specifically the physician — should have had control over the medical assistant’s actions. DIF: Cognitive Level: Comprehension REF: pp. 5, 10, 85 15. 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 ANS: C Good Samaritan laws protect healthcare providers or citizens who care for a person involved in an emergency or disaster without reimbursement. DIF: Cognitive Level: Application REF: pp. 8, 89 16. When the U.S. Supreme Court decides 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.

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    ANS: D Cases heard by the U.S. Supreme Court are binding on all state and federal courts. DIF: Cognitive Level: Knowledge REF: p. 12 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 ANS: B Res ipsa loquitur means, “The thing speaks for itself.” The presumption that the surgeon removed the wrong leg means that the plaintiff does not have to prove that negligence occurred to recover from the defendant. DIF: Cognitive Level: Application REF: p. 10 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 ANS: C Stare decisis means “to s tand by things decided.” Courts often follow decisions made by courts of higher or equal jurisdiction. DIF: Cognitive Level: Knowledge REF: p. 5 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 to the Supreme Court d. No jurisdiction ANS: B The Supreme Court only hears cases from courts with lower jurisdiction. No court has higher jurisdiction than the U.S. Supreme Court. DIF: Cognitive Level: Knowledge REF: pp. 11 - 12 20. Which is true about a malpractice case? 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. ANS: A

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    Four elements are required in a negligence action: duty, breach of duty, causation, and damages. DIF: Cognitive Level: Comprehension REF: p. 9 21. This branch of government proposes legislation and enforces laws. a. Legislative b. Executive c. Judicial d. Municipal ANS: B The President or Governor proposes legislative action to be taken by individual legislators, either vetoes or approves laws agreed to by the legislature, and enforces the laws. DIF: Cognitive Level: Knowledge REF: p. 4 22. This branch of government establishes agencies to enact administrative law. a. Legislative b. Executive c. Judicial d. Municipal ANS: B The executive branch also proposes and establishes certain agencies to enact rules and regulations that become administrative law. Once the legislature creates a statute, it empowers the appropriate executive agency to implement and establish rules and regulations to meet the intent of the statute. DIF: Cognitive Level: Knowledge REF: p. 4 23. This branch of government interprets statutory law. a. Legislative b. Executive c. Judicial d. Municipal ANS: C The judicial branch is also the source of common law, or case law, which is the law that develops from the decisions made by courts. Previous decisions are considered precedent and binding on all lower courts. DIF: Cognitive Level: Knowledge REF: p. 5 24. OSHA was created by which branch of government? a. Legislative b. Executive c. Judicial d. Municipal ANS: B

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    Once the legislature creates a statute, it empowers the appropriate executive agency to implement and establish rules and regulations to meet the intent of the statute. These rules and regulations codify the interactions between the citizens and the agencies, provide for certain police powers to the agencies to enforce the regulations, and govern the agencies themselves. DIF: Cognitive Level: Comprehension REF: pp. 4 - 5 25. This develops from decisions previously made by courts, or precedents, and these are binding on all lower courts. a. Criminal law b. Common law c. Medical law d. None of the above ANS: B In Latin this is called stare decisis , which means to stand by things decided or adhere to decided cases. Common law originated from England with the Pilgrims and original settlers of the land. Since that time, each state’s courts have made decisions regarding civil and criminal cases. DIF: Cognitive Level: Knowledge REF: p. 6

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    Chapter 02: The Basics of Ethics Test Bank MULTIPLE CHOICE 1. The definition of ethics is: a. the values that influence human behavior. b. tying our actions to what is right or wrong. c. one’s moral principles. d. all of the above. ANS: D When discussing the definition of ethics, it can mean several things. As a branch of philosophy, ethics studies the values that influence human behavior, tying our actions to a sense of right and wrong. A second aspect is an individual’s ethics; this refers to one person’s moral principles, the values that govern a single person’s decisions with a goal of maintaining one’s integrity or conscience. DIF: Cognitive Level: Knowledge REF: p. 18 2. Values are: a. thoughts a person has. b. principles one chooses to live by. c. knowing right from wrong. d. one’s integrity. ANS: B Values are the principles that an individual chooses to live by. Although these may be personal values, they are also the qualities that drive most ethical behavioral models for groups. DIF: Cognitive Level: Knowledge REF: p. 19 3. The principle of “doing no harm” is called: a. integrity. b. beneficence. c. nonmaleficence. d. autonomy. ANS: C Nonmaleficence is part of a physician’s oath to do no harm. In bioethical terms, the principle of nonmaleficence means that healthcare professionals should avoid harming a patient. DIF: Cognitive Level: Knowledge REF: p. 25 4. If there is one heart available for transplant and healthcare professionals must make the decision as to who gets the heart, which bioethical principle is involved? a. Integrity b. Beneficence c. Nonmaleficence

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    d. Justice ANS: D The principle of justice means treating everyone fairly, and distributing healthcare justly or fairly is a key issue in many ethical debates. DIF: Cognitive Level: Application REF: pp. 25, 27 5. The reason that most people enter the healthcare field is grounded in the principle of: a. nonmaleficence. b. integrity. c. beneficence. d. justice. ANS: C Beneficence is another word for doing good, or being kind, which is a predominant reason that most people enter the healthcare field. DIF: Cognitive Level: Comprehension REF: p. 25 6. Actions that show respect for human dignity, such as being honest and putting the patient first, reflect which of the following principles? a. Integrity b. Justice c. Beneficence d. Nonmaleficence ANS: A Integrity is part of the standards of the healthcare profession and the actions that show respect for human dignity. DIF: Cognitive Level: Comprehension REF: pp. 18 - 19 7. Who is the most important person in the healthcare organization’s code of ethics? a. Healthcare professional b. Patient c. Physician d. Hospital administrator ANS: B Usually a healthcare organization’s code of ethics will include statements regar ding the treatment and care of the patient as the most important priority, emphasizing handling all with dignity and respect. These in turn dictate such standards as guarding and respecting patient confidentiality. DIF: Cognitive Level: Knowledge REF: p. 19 8. When healthcare professionals attempt to improve the situations surrounding the patient, they are practicing which of the following principles? a. Autonomy b. Beneficence c. Bioethics

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    d. Nonmaleficence ANS: B Beneficence means doing good or being kind, and the actions taken on behalf of the patient should always be aimed at helping the patient. DIF: Cognitive Level: Comprehension REF: p. 25 9. Respect for others whose beliefs, practices, religions, or customs may differ from our own is called: a. integrity. b. values. c. utilitarianism. d. tolerance. ANS: D Tolerance is respect for others whose beliefs, practices, religions, or customs may differ from our own. Tolerance must be practiced by all healthcare providers in all fields. We do not have to agree with or condone the behaviors, beliefs, or practices of another individual but can never pass judgment by our actions or words against another. DIF: Cognitive Level: Knowledge REF: p. 20 10. Unwavering adherence to an individual’ s values and principles with dedication to high standards is: a. integrity. b. values. c. utilitarianism. d. tolerance. ANS: A Integrity is part of one’s individual ethics, which refers to one person’s moral principles, the values that govern a single person’s decisions with a goal of maintaining one’s integrity or conscience. DIF: Cognitive Level: Knowledge REF: pp. 18 - 19 11. Principles that individuals choose to live by are called: a. integrity. b. values. c. utilitarianism. d. tolerance. ANS: B Although these may be personal values, they are also the qualities that drive mo st ethical behavioral models for groups. Individually, a person may value loyalty or privacy as well as freedom. For a group, the code of ethics would mirror these values and require that all employees or individuals involved in that group adhere to the principles prescribed in that organizations’ code of ethics. DIF: Cognitive Level: Knowledge REF: p. 19

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    12. Ethical theory based on the greatest good for the greatest number is called: a. integrity. b. values. c. utilitarianism. d. tolerance. ANS: C Also called beneficence, utilitarianism is doing the “most good” and/or benefiting the largest number, which is one of the four foundational principles emphasized by the American Medical Association. DIF: Cognitive Level: Comprehension REF: pp. 25 - 26 13. This ethical theory is based on the obligation of the individual to perform his or her responsibility no matter the circumstance. a. Teleology b. Deontology c. Rights - based ethics d. Justice - based ethics ANS: A The general principle of teleology includes impartial thinking with respect to individuals. All individuals are considered equal and rules are absolute and should be obeyed by everyone. In other words, it is the duty of an individual to adhere to universal rules and regulations, regardless of circumstances. DIF: Cognitive Level: Comprehension REF: pp. 25 - 26 14. This type of ethics theory emphasizes the specific person and does not consider the general population. a. Teleology b. Deontology c. Rights - based ethics d. Justice - based ethics ANS: C This theory is based on the individual’s rights. The emphasis is on the specific person and does not always take the consequences of the general population into consideration, asserting instead that those rights should be upheld no matter what the circumstances. If misused, this could lead to individual gain without regard for damage or harm that can be caused to others. DIF: Cognitive Level: Comprehension REF: p. 25, 27 15. “Justice is blind” ethics theory is considered: a. teleology. b. virtue - based ethics. c. rights - based ethics. d. justice - based ethics. ANS: D

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    This theory is that all individuals should be treated with impartiality and ther e should be no advantages or disadvantages to individuals. Many believe this theory would prevent unfairness and injustice under social contracts, such as the distribution of organ donations. DIF: Cognitive Level: Comprehension REF: pp. 25, 27 16. This ethics theory is based on character traits and qualities of individuals. a. Teleology b. Virtue - based ethics c. Rights - based ethics d. Justice - based ethics ANS: B The traits include honesty, integrity, and hard work. Its focus is the individual striving for a better life, and is considered virtue - based ethics. DIF: Cognitive Level: Comprehension REF: pp. 25, 28 17. What is the first question one should ask when making ethical business decisions? a. Is it true? b. Is it legal? c. Is it balanced? d. How does it make me feel? ANS: B When facing a difficult choice, keep in mind that no ethical decision should be based on emotions. Ethical dilemmas should be faced and handled with logic and facts, weighing the alternatives and the consequences, and keeping an objective mind. DIF: Cognitive Level: Comprehension REF: p. 29 18. In the seven - step decision - making model, what is the first step that should be taken? a. Determine the exact ethical issue involved. b. Determine the rules, laws, principles, or values are involved. c. Determine all the facts of the situation. d. List all possible courses of action. ANS: C The first step to be taken should be to determine the what, when, where, who, and why of the situation. The other options should be done after the facts are determined. DIF: Cognitive Level: Comprehension REF: p. 29 19. In the Dr. Bernard Lo clinical model method of decision making, one should first: a. clarify the ethical issue. b. determine the pros and cons of each option. c. determine the exact ethical issue involved. d. gather information. ANS: D

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    One should first gather the patient’s mental status, comorbidities, views of the other healthcare providers for the patient, and other issues that might complicate the patient’s case when making an ethical decision. DIF: Cognitive Level: Comprehension REF: pp. 29 - 30 20. Medical ethics committees formed in very large medical facilities: a. make decisions with the physicians’ input only. b. make decisions based on logic and the codes and standards of the facility. c. make decisions based on emotions. d. make decisions with the patient’s input only. ANS: B Ethics committees generally see or speak with the patients themselves but focus solely on the facts involved in the situation. This helps them make ethical determinations on the issues or cases brought before them based on logic, on the codes and standards, as opposed to emotions. DIF: Cognitive Level: Comprehension REF: p. 30 21. What is accreditation? a. Officially recognizing a person or organization for meeting standards established by an industry b. Obtaining enough continuing education credits c. Recognizing the achievements of healthcare providers publicly d. Recognizing a healthcare provider for their years of service ANS: A Accreditation uses standards of care established by an industry to officially recognize an individual or organization. Many facilities and organizations maintain voluntary participation with accreditation organizations, who routinely examine the organization or facility to verify (as an objective party) that the standards of care and procedures of the organizations are in compliance. DIF: Cognitive Level: Knowledge REF: p. 30 22. An important program each healthcare facility should have is: a. an open policy to speak to any physician. b. educational assistance for continuing education. c. employee benefits that include healthcare. d. quality assurance programs. ANS: D These programs are formed to evaluate and ideally prevent situations that arise and cause ethical dilemmas. They evaluate patient satisfaction, complaints, and outcomes of treatment. These programs focus on prevention and improvement of policies and recommend and monitor actions that noncompliant healthcare facilities can take for improvement. DIF: Cognitive Level: Comprehension REF: p. 30 23. What is the principle that ethics should be based on what is consistent and fair to everybody? a. Beneficence

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    b. Nonmaleficence c. Autonomy d. Justice ANS: D The four main principles of ethics are doing the most good for the most people, doing the least harm t o the least amount of people, giving people the right to make their own decisions, and ensuring justice, which requires consistency and fairness to all involved. DIF: Cognitive Level: Comprehension REF: pp. 25, 27 24. What is medical etiquette when dealing with patients? a. Sharing their file with others b. Treating them with respect and tolerance c. Letting their family know what is happening with the patient d. Treating them like family members ANS: B The standards of professionalism expected in the medical field need to include showing patients respect and tolerance no matter the circumstances. DIF: Cognitive Level: Comprehension REF: p. 24 25. What is the difference between ethics and laws? a. Illegal acts are most likely unethical. b. Unethical acts are illegal. c. Ethical acts are legal. d. Legal acts are ethical. ANS: A As allied health professionals, it is vital that we understand all legal and ethical ramifications of our actions and behaviors. Most would agree that illegal acts are most likely unethical, but there are many unethical behaviors or actions that are not necessarily illegal. DIF: Cognitive Level: Comprehension REF: p. 23

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    Chapter 03: Ethical and Bioethical Issues Test Bank MULTIPLE CHOICE 1. Bioethics is defined as the field of study examining the ethical dilemmas surrounding: a. advances in bioscience. b. advances in diagnostic treatment procedures. c. ethical issues surrounding medical research. d. all of the above. ANS: D Although advances in bioscience and diagnostic treatment procedures, as well as medical research, provide important discoveries, they also involve challenges to the rights and privacy for the patient. Bioethics is the study of these ethical dilemmas. DIF: Cognitive Level: Knowledge REF: pp. 36 - 37 2. What is the main goal of ethical medical research? a. Make advances in the medical field. b. Make treating patients easier on the patient. c. Restore or prevent illness, death, and disabilities caused by diseases. d. Discover cures. ANS: C While making advances in the medical field, making treatment easier on the patient, and discovering cures are all part of the goals of ethical medical research, the main goal is to battle diseases through restoration or prevention of illness, death, and disabilities. DIF: Cognitive Level: Comprehension REF: p. 37 3. A blind study is when: a. researchers do not tell the subject what is being studied. b. the subject does not know whether he is getting the trial drug or a placebo. c. researchers give random test agents to the subject. d. the subject is given the trial drug at random times. ANS: B In a blind study, the patient does not know whether he or she is getting the trial drug or a placebo. This ensures the patient will not have any preconceived effects of the drug so the patient will be more objective. DIF: Cognitive Level: Knowledge REF: pp. 38 - 39 4. One problem for a patient with a disease participating in a blind study drug trial is he or she may: a. be too sick to participate. b. think he or she will be cured. c. be so desperate for a good outcome, he or she cannot be objective. d. participate as a last resort for a cure, and may not receive anything for a long

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