Question 1

A deposition is&#10;A) The funds that the prevailing party in a lawsuit receives.&#10;B) The sworn testimony of a party to a litigation&#10;C) A person who is sworn to &#34;tell the truth and nothing but the truth&#34;&#10; during testimony.&#10;D) An item logged into evidence and accepted by all parties as relevant to a legal dispute.

Accepted Answer

Sworn testimony, given verbally, or in some instances in written form, is a deposition. The person providing the testimony is known as a deponent.

Question 2

You are a nurse who has been named as a defendant in a wrongful death lawsuit after your patient, an elderly man with end stage liver disease, dies after having the wrong dose of a medication administered to him. A wrongful death lawsuit is based on the principle that:

A) The death was an assisted suicide
B) The death was a deliberate act of murder
C) The death resulted from neglect of proper care procedures
D) The death was unavoidable.

The death resulted from neglect of proper care procedures

Accepted Answer

An assisted suicide is a death that occurs when a terminally ill patient who has received a lethal dose of a medication, hastens his or her own death by choosing to take the medication. Deliberate ("first-degree") murder occurs only when the person making the error does so with intent to kill. The death described in the question is avoidable. The patient died only because of the dosing error. Egregious neglect of one's responsibilities is the basis for "wrongful" death.

Question 3

&#34;Death with dignity&#34; laws propose that:&#10;A) Health care providers are not responsible for a bad outcome when their intentions to heal the patient were clearly good.&#10;B) Death caused by widespread (&#34;metastatic&#34;) cancer must never be permitted.&#10;C) A patient who smokes cigarettes or abuses drugs is legally responsible for his own demise.&#10;D) Patients who have been certified as having a very limited time to live may use a lethal prescription to take their own lives.

Accepted Answer

This answer is discussed in question #1, above.

Question 4

In her final days, a woman who owns a grocery announces on her deathbed to her assembled family and attending healthcare professionals, that she would like to overturn her will, and give her grocery and all its assets to her children. She is alert, awake, and not depressed. Her will had previously assigned ALL of her assets to her husband. The patient's deathbed statement:

A) Carries the full weight of the law, and is valid.
B) Is subject to legal resolution in the courts, should her husband wish to challenge it.
C) Has no legal merit and should not be honored

Accepted Answer

A deathbed statement, made in the presence of competent witnesses, carries the full weight of law and is equivalent in strength to a written document.

Question 5

You are taking care of a 27-year old male who suffered a near drowning. He has been treated according to standard care measures, has received all of his prescribed medications, and has been recovering well. While he is preparing to leave the hospital, however, he collapses, suffers an unexpected cardiopulmonary arrest, and cannot be resuscitated. You should:

A) Expect to be sued for malpractice.
B) Expect to have your license to practice suspended.
C) Anticipate that the hospital where you work will limit your duties.
D) Participate actively and fully with any death investigation that follows.

Accepted Answer

Patients who have been treated according to normal standards of care sometimes still experience bad outcomes. Practitioners who provide standard care, without malice toward their patients and without intent to harm them or negligence should not expect to experience any legal or professional restrictions.

Question 6

Which of the following is the worst course of action after an unexpected death of a patient?&#10;A) Making an apology to the loved ones of the patient.&#10;B) Discussing the conditions that resulted in the death with a hospital risk manager.&#10;C) Admitting one's care errors, if any were made.&#10;D) All of the above&#10;E) None of the above

Accepted Answer

Health care professionals limit their risk of lawsuit by making prompt apologies for any errors they have committed, discussing their actions with professional risk managers (and professional review committees), and by full disclosure of their actions.

Question 7

Good Samaritan laws:&#10;A) Protect health care professionals who voluntarily provide care to injured or diseased individuals during emergency circumstances,&#10;B) Extend the scope of practice of religious clergy to include the provision of health care during emergencies.&#10;C) Describe the unique legal requirements of health care authorities living in the Middle East.&#10;D) Limit the professional activities of nurse and doctors who have recently been ticketed for driving faster than allowable speed limits.&#10;E) e.g. after an automobile crash on a deserted highway.

Accepted Answer

When health care professionals intervene on behalf of injured or diseased parties as volunteers, many states protect them from legal liability if their efforts are unsuccessful or complicated.

Question 8

A paralyzed patient in the Intensive Care Unit says he does not want to have his blood drawn today, even though his attending physician recommends the blood test and explains to the patient that the test will help improve the direction of his health care. You follow your attending physician's instructions, and draw the blood. You have:

A) Committed an assault.
B) Performed a useful and necessary task.
C) Violated the patient's right to free speech.
D) Prevented a dispute between the two parties.

Accepted Answer

Even though the attending physician recommends the action and has communicated good reasons for it to be carried out, in a circumstance in which the public health is not at risk, a patient's right to privacy precludes medical interventions from being performed without the consent of the patient.

Question 9

After a terrorist attack with biological weapons, a patient with smallpox refuses care and quarantine in hospital. The patient's personal rights to direct her health care:&#10;A) Must be respected because health care providers should not be paternalistic.&#10;B) Should be reviewed in court with an administrative law judge.&#10;C) Are less important than the health of the community and can be ignored.

Accepted Answer

Smallpox is a deadly illness, readily spread by interpersonal contact. It is a direct threat to public health. The courts have ruled that quarantine and/or recommended treatments may be given in public health emergencies.

Question 10

You are counseling a patient regarding anger management, after he has been observed beating his child. He tells you that he intends to "destroy" the person who reported him to Child Protective Services. As his health care professional, you have:

A) A duty to respect his confidential disclosure.
B) A right to compel him to see you daily, so you can work out his emotional problems with him.
C) The obligation to treat him today with antipsychotic medications.
D) A duty to report his claim to the police and the threatened person.

Accepted Answer

Under the Tarasoff ruling, the patient's right to privacy and to confidentiality is sacrificed when he makes a credible mortal threat to another individual.

Question 11

Treatment can be compelled for:&#10;A) Minors who are chronically depressed, even though their parents intend to get a second opinion from another professional.&#10;B) Prisoners with high blood pressure, because prisoners are wards of the State.&#10;C) Foreigners visiting the United States, for injuries such as fractures or dislocations.&#10;D) Mentally ill patients who have been found to be incompetent.

Accepted Answer

The answer of Treatment can be compelled for:&#10;A) Minors who...

Question 12

Euthanasia is compulsory for:&#10;A) Any patient who requests it.&#10;B) Any patient with a life-threatening illness.&#10;C) Any patient who is enduring unconscionable suffering.&#10;D) No one.

Accepted Answer

The answer of Euthanasia is compulsory for:&#10;A) Any patient who...

Deck 13: Legal Concepts