Deck 5: Ethical and Legal Implications of Practice

Question 1

The moral basis for rationing health care services falls under what ethical principle?

A) Compensatory justice
B) Harm
C) Distributive justice
D) Role duty

Answer 1

C
Explanation: The principle of justice involves the fair distribution of care.

Question 2

A health professional who withholds the truth from a patient, saying it is for his or her own good, is engaged in what practice?

A) Fraud
B) Infidelity
C) Benevolent deception
D) Nonmaleficence

Answer 2

C
Explanation: Problems with the veracity principle revolve around issues such as benevolent deception.

Question 3

The AARC Code of Ethics holds professionals to which of following principles?
1) Actively maintaining and improving one's competence
2) Following sound scientific procedures and ethical principles in research
3) Promoting disease prevention and wellness
4) Respecting and protecting the rights of patients they treat

A)1, 2, 3, and 4
B)2 and 4 only
C)1, 2, and 3 only
D)4 only

Answer 3

A

Question 4

What type(s) of advanced directives can patients use to help resolve ethical dilemmas involving their life-sustaining care?
1) Durable power of attorney
2) Written interrogatory
3) Living will

A)2 and 3 only
B)1 and 2 only
C)1 and 3 only
D)1, 2, and 3

Question 5

In most professions, specific guidance in resolving ethical dilemmas is provided by which of the following?

A) An ethical theory
B) A code of ethics
C) Civil statutes
D) Criminal statutes

Question 6

What ethical principle can be used to justify the pain that might occur in drawing blood from a patient for a diagnostic test?

A) Nonmaleficence
B) Benevolent deception
C) Do no harm
D) Double effect

Question 7

What simple question does ethics attempt to answer?

A) Who is right and who is wrong?
B) How should we act?
C) What treatment is best?
D) Who benefits most?

Question 8

What branch of law is concerned with the recognition and enforcement of the rights and duties of private individuals and organizations?

A) Administrative
B) Civil
C) Criminal
D) Common

Question 9

What ethical issue has recently become a significant concern for respiratory therapists and all health care providers due to a congressional act?

A) Patient's right to privacy
B) Patient's right to care
C) Patient's right to consultation
D) Patient's right to refuse treatment

Question 10

Divisions of public law (the relationships of private parties and the government) include:
1) Administrative
2) Civil
3) Criminal

A)2 and 3 only
B)1 and 2 only
C)1 and 3 only
D)1, 2, and 3

Question 11

Which ethical principle obliges a respiratory therapist to uphold a patient's right to refuse a treatment?

A) Autonomy
B) Veracity
C) Role fidelity
D) Beneficence

Question 12

When a respiratory therapist defers a patient's questions about a condition to the attending physician, what ethical principle is being practiced?

A) Autonomy
B) Beneficence
C) Role fidelity
D) Harm principle

Question 13

A clinician who justifies not billing a poor patient for services rendered because "that's what a professional should do" is applying what ethical viewpoint?

A) Relativism
B) Formalism
C) Consequentialism
D) Virtue ethics

Question 14

Which of the following has played a minor role in increasing the cost of health care?

A) Beneficence
B) Compensatory justice
C) Distributive justice
D) Role fidelity

Question 15

Primary guiding principles in contemporary ethical decision making include which of the following?
1) Nonmaleficence
2) Autonomy
3) Justice
4) Role fidelity

A)2, 3, and 4 only
B)1, 2, 3, and 4
C)3 and 4 only
D)2 and 3 only

Question 16

The debate over prolongation of life versus relief of suffering in elderly patients mainly involves differing opinions regarding what ethical principle?

A) Autonomy
B) Beneficence
C) Role fidelity
D) Justice

Question 17

Before making any ethical decision, one should take which of the following actions?
1) Identify the individuals involved.
2) Identify what ethical principle(s) apply.
3) Identify who should make the decision.
4) Consider the alternatives.

A)2, 3, and 4 only
B)1, 2, 3, and 4
C)3 and 4 only
D)3 only

Question 18

A clinician who justifies support for withdrawing life support from a patient because "in the end, it would be best for all involved" is applying what ethical viewpoint?

A) Relativism
B) Formalism
C) Consequentialism
D) Virtue ethics

Question 19

Under what conditions can the principle of confidentiality be breached?

A) When the welfare of the community or a vulnerable individual is at stake
B) When the health professional believes that the information is not vital
C) When a patient tells the health professional that there are no secrets
D) When a lawyer tells the health professional that the information must be revealed

Question 20

Which of the following sanctions can apply when one breaks a law?
1) Reparations or fines
2) Incarceration
3) Licensure suspension
4) Professional censure

A)1 and 2 only
B)1, 2, and 3 only
C)3 only
D)1, 2, 3, and 4

Question 21

Which of the following are considered intentional torts?
1) Negligent practice
2) Assault and battery
3) Defamation of character
4) Invasion of privacy

A)1, 2, and 3 only
B)2 and 4 only
C)2, 3, and 4 only
D)1, 2, 3, and 4

Question 22

What are the economic damages that can be imposed on a defendant during a negligence lawsuit?
1) Loss of employment or business opportunities
2) Loss of use of property
3) Loss of past and future earnings

A)1, 2, and 3
B)2 and 3 only
C)1 and 2 only
D)1 only

Question 23

A physician specifies an incorrect dose in a prescription for a powerful bronchodilator drug to be given to an asthmatic patient. When the respiratory therapist gives the prescribed dose, the patient suffers a fatal response and dies. Based on the principle of duty, against whom could a suit of negligence be brought?
1) Respiratory therapist
2) Attending physician
3) Dispensing pharmacist

A)1 and 2 only
B)2 and 3 only
C)1, 2, and 3
D)1 and 3 only

Question 24

What conditions are necessary to incur liability under the doctrine of respondeat superior?
1) The injury caused must be the result of an act of negligence.
2) The act must occur within the subordinate's scope of employment.
3) The act must involve willful intent on the part of the subordinate.

A)1 and 2 only
B)2 and 3 only
C)1, 2, and 3
D)1 and 3 only

Question 25

A nurse who practices below a reasonable standard of care is committing what type of malpractice?

A) Civil
B) Statutory
C) Criminal
D) Ethical

Question 26

HIPAA is primarily referred to as the Privacy Rule and is concerned with PHI. What do the letters PHI stand for?

A) Patient health information
B) Protected health information
C) Past health information
D) Protected health insurance

Question 27

In tort law, what is "proximate causation"?

A) It turns on foreseeability to decide whether it is fair to impose damages on a defendant.
B) It helps keep record of all Medicare patients.
C) The collection of any needed evidence before filing charges.
D) It finds legal aid for those in need

Question 28

When a practitioner performs a procedure that involves physical contact without the patient's consent, it can result in what charge?

A) Assault
B) Negligence
C) Battery
D) Slander

Question 29

Which of the following are necessary to validate a claim of professional negligence?
1) The practitioner owed a duty to the patient.
2) The practitioner was derelict with that duty.
3) The breach of duty was the direct cause of damages.
4) Damage or harm came to the patient.

A)1, 2, 3, and 4
B)2, 3, and 4 only
C)2 and 3 only
D)3 and 4 only

Question 30

If a respiratory therapist refers a Medicare patient to a particular home care company and receives a finder's fee in return, this is an example of:

A) moonlighting.
B) Medicare referral.
C) providing care without physician direction.
D) Medicare fraud.

Question 31

What legal doctrine holds superiors responsible for the actions of their workers?

A) Res ipsa loquitur
B) Respondent superior
C) Caveat emptor
D) Promissory estoppel

Question 32

A physician who participates in active euthanasia is committing what type of malpractice?

A) Civil
B) Professional
C) Criminal
D) Ethical

Question 33

In a case of professional negligence, all of the following are required to support a claim of res ipsa loquitur except:

A) evidence must exist to show that the defendant acted with malfeasance or intent.
B) the action responsible for the injury was under the control of the defendant.
C) the harm was such that it would not normally occur without someone's negligence.
D) negligence or voluntary risk-taking by the plaintiff did not contribute to the injury.

Question 34

A respiratory therapist who engages in a questionable business practice is committing what type of malpractice?

A) Civil
B) Statutory
C) Criminal
D) Ethical

Question 35

How can ethical obligations be used in legal proceedings?

A) As a tool of cross examination
B) To prevent perjury
C) To prevent a health care provider from self-incrimination
D) Penalties and sanctions for unauthorized practice

Question 36

What is the role of the corporate compliance officer (CCO) in a health care setting?

A) To oversee the hospital's business practices and make sure that they conform to the law
B) To ensure the hospital staff is working within the annual budgets
C) To enforce the hospital's recycling policies
D) To ensure a high level of performance by the CFO

Question 37

Which of the following is not a common element in a professional practice act?

A) Scope of professional practice
B) Requirements and qualifications for licensure
C) Penalties and sanctions for unauthorized practice
D) Professional code of ethics

Question 38

Which of the following are legitimate defenses against an intentional tort?
1) Lack of intent to harm the patient
2) Performance of ordinary procedures
3) Informed consent given by patient

A)1 and 2 only
B)2 and 3 only
C)1, 2, and 3
D)1 and 3 only

Question 39

What can be effective tools in preventing malpractice litigations?
1) Active risk management practices
2) Appropriate guest relations policies
3) Continuing education and certifications for facility maintenance staff
4) Having supervisors on every shift

A)1, 2 and 3 only
B)1 and 3 only
C)1, 2, and 4 only
D)1 and 2 only

Question 40

What is the term for a civil wrong committed against an individual or property, for which a court provides a remedy in the form of damages?

A) Tort
B) Misdemeanor
C) Felony
D) Litigation

Question 41

What does The National Labor Relations Act (NLRA) do for each individual health care worker?

A) It provides protections to hospital workers whether they are organized into a union or not.
B) It oversees the hospital's business practices.
C) It provides legal aid only for those in an organized union.
D) It provides legal aid only for those NOT in an organized union.