Deck 5: Ethical and Legal Implications of Practice

Question 1

The AARC Code of Ethics holds professionals to which of following principles?
I)actively maintaining and improving one's competence
II)following sound scientific procedures and ethical principles in research
III)promoting disease prevention and wellness
IV)striving to improve the access, efficacy, and cost of patient care
V)respecting and protecting the rights of patients they treat

A)I, II, III, IV, and V
B)II, III, IV, and V
C)I, II, III, and V
D)III, IV, and V

Answer 1

A

Question 2

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

A)beneficence
B)compensatory justice
C)distributive justice
D)role fidelity

Answer 2

B

Question 3

All of the following sanctions can apply when one breaks a law except:

A)reparations or fines
B)incarceration
C)licensure suspension
D)professional censure

Answer 3

D

Question 4

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 5

Divisions of public law (the relationships of private parties and the government) include:
I)administrative
II)civil
III)criminal

A)II and III
B)I and II
C)I and III
D)I, II, and III

Question 6

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 7

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 8

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 9

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 10

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 11

What simple question does ethics try 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 12

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

A)fraud
B)infidelity
C)benevolent deception
D)nonmaleficence

Question 13

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 14

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 15

Contemporary ethical principles have evolved from all of the following sources except:

A)natural law (Aristotle and Aquinas)
B)psychoanalysis (Freud)
C)Jewish and Christian morality
D)universal duties (Kant)

Question 16

Primary guiding principles in contemporary ethical decision-making include which of the following?
I)nonmaleficence
II)autonomy
III)justice
IV)role fidelity

A)II, III, and IV
B)I, II, III, and IV
C)III and IV
D)II and III

Question 17

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

A)compensatory justice
B)harm
C)distributive justice
D)role duty

Question 18

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 19

Before making any ethical decision, one should take which of the following actions?
I)Identify the individuals involved.II.Identify what ethical principle(s) apply.III.Identify who should make the decision.IV.Consider the alternatives.

A)II, III, and IV
B)I, II, III, and IV
C)III and IV
D)II and III

Question 20

What type(s) of advanced directives can patients use to help resolve ethical dilemmas involving their life-sustaining care?
I)durable power of attorney
II)written interrogatory
III)living will

A)II and III
B)I and II
C)I and III
D)I, II, and III

Question 21

Which of the following is/are legitimate defenses against an intentional tort?
I)lack of intent to harm the patient
II)performance of ordinary procedures
III)informed consent given by patient

A)I and II
B)II and III
C)I, II, and III
D)I and III

Question 22

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 23

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 24

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 25

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

A)I and II
B)II and III
C)I, II, and III
D)I and III

Question 26

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

A)civil
B)professional
C)criminal
D)ethical

Question 27

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 28

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

A)res ipsa loquitur
B)respondeat superior
C)caveat emptor
D)promissory estoppel

Question 29

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 30

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?
I)respiratory therapist
II)attending physician
III)dispensing pharmacist

A)I and II
B)II and III
C)I, II, and III
D)I and III

Question 31

HIPAA primarily is 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 32

Which of the following are necessary to validate a claim of professional negligence?
I.The practitioner owed a duty to the patient.II.The practitioner was derelict with that duty.III.The breach of duty was the direct cause of damages.IV.Damage or harm came to the patient.

A)I, II, III, and IV
B)II, III, and IV
C)II and III
D)III and IV

Question 33

All of the following are common elements in a professional practice act except:

A)scope of professional practice
B)requirements and qualifications for licensure
C)penalties and sanctions for unauthorized practice
D)professional code of ethics

Question 34

All of the following are considered intentional torts except:

A)negligent practice
B)assault and battery
C)defamation of character
D)invasion of privacy

Question 35

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 36

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