Deck 15: Law and Ethics

Question 1

Which of the following is a source of law in the United States?

A) Legislatures
B) Judicial decisions
C) Executive orders & administrative regulations
D) State and Federal Constitutions
E) All of these are correct.

Answer 1

E

Question 2

What are some of the ways in which health care organizations protect the rights of their patients?

A) Utilization review processes
B) Institutional review boards
C) Patient advocacy or ombudsman offices
D) Institutional ethics committees
E) All of these are correct.

Answer 2

E

Question 3

Which of the following elements is not necessary for a contract to be binding?

A) An agreement between two or more parties
B) Must be for something of value
C) Must be lawful
D) Must be written
E) Both parties must be competent to consent

Answer 3

D

Question 4

A wrongful act against a person or organization is considered what type of violation?

A) Contract
B) Tort
C) Both of these are correct.
D) Neither of these is correct.

Question 5

For a health provider's action to be considered negligent, which of the following factors is not necessary?

A) Causation
B) Breach of duty
C) Injury or damages
D) Malice
E) Duty toward the harmed party

Question 6

Rights of patients include which of the following?

A) Confidentiality
B) Right to refuse care
C) Self-determination
D) Emergency treatment in a facility covered by EMTALA
E) All of these are correct.

Question 7

Which of the following is an obligation of a managed care organization to its patients?

A) Fiduciary duty
B) Using competent providers
C) Providing appropriate care
D) Balancing cost-containment with good quality care
E) All of these are correct.

Question 8

Which of the following is not a required part of the definition of "informed consent"?

A) Having the patient/surrogate read and sign a document
B) Making sure that the patient/surrogate is mentally competent to decide
C) Ensuring the patient/surrogate understands what is being asked
D) Using a surrogate decision maker only when legally allowed
E) None of these is correct.

Question 9

Ethical and legal reasoning often overlap for which of the following reasons?

A) Legislation is derived from community beliefs and demands.
B) Judicial decisions are shaped by precedent (previous decisions) and by what cases are brought to the court.
C) Public opinion changes over time, often influenced by medical advances.
D) Elected officials make executive orders based on their own interpretation of laws.
E) All of these are correct.

Question 10

Criminal law is generally concerned with which of the following?

A) Health care providers
B) Society as a whole
C) Issues of bankruptcy
D) Physicians and nurses
E) All of these are correct.

Question 11

Malpractice is concerned with a professional's:

A) intentional action(s).
B) immoral decision making or conduct.
C) careless action(s).
D) None of these is correct.
E) All of these are correct.

Question 12

Nonmaleficence is a concept that states that you should:

A) do no harm.
B) do the best you can.
C) provide fairness to all.
D) ensure that staff is properly trained.

Question 13

Civil law focuses mostly on:

A) wrongs against society.
B) wrongs against government officials.
C) wrongs against individuals or specific organizations.
D) wrongs against attorneys.

Question 14

Malpractice is a charge that can be found under either civil or criminal law.

Question 15

Patients have no responsibilities in their relationships with providers.

Question 16

Laws in the United States normally arise from governing bodies that license health care professionals.

Question 17

Generally speaking, laws set boundaries for societal behavior and are enforced to ensure that the expected behavior happens.

Question 18

Common law is derived from legislative actions.

Question 19

Common law is synonymous with legislative decisions.

Question 20

Define the following terms:
• Common law
• Judge-made law
• Interpretive justice
• Precedent
• Stare decisis
• Statutory law

Question 21

What is tort law and why is it important in health care? Provide an example of a violation of tort law in a health care setting.

Question 22

An RN administered the wrong medication to a patient and the patient died. She was arrested and charged with homicide, among other things. Can the hospital be brought up on charges if it is found the system, not the RN, was the root cause of the error? What does this kind of case mean to health care managers with respect to precedent? If the RN is convicted of homicide and sentenced to serve time in jail, what kind of effect do you think this will have on hospitals, healthcare organizations, and the profession of nursing?