Question 1

Quasi-intentional torts include all the following except

Accepted Answer

Quasi-intentional torts involve acts that can harm another's reputation or privacy without intent to cause harm, such as slander, invasion of privacy, and breach of confidentiality. Battery, however, is an intentional tort that involves physical contact or harm.

Question 2

Consent is implied

Accepted Answer

Implied consent is typically assumed in emergency situations where the patient is unable to give explicit consent, and immediate action is necessary to prevent serious harm or death.

Question 3

A written statement of defamation is known as

Accepted Answer

Libel refers to a written statement that unjustly damages someone's reputation, distinguishing it from slander, which involves spoken defamation.

Question 4

The statement, "The information is true, but it is information that a person wants to keep private," likely pertains to

Accepted Answer

Invasion of privacy occurs when there is an intrusion into someone's personal life without just cause, which can include publicizing true, but private, information that an individual wishes to keep confidential.

Question 5

Which is necessary to help healthcare workers avoid accusations of battery?

Accepted Answer

The answer of Which is necessary to help healthcare workers...

Question 6

As a result of increased use of computers in the healthcare setting, the following was established to decrease the potential for breach of confidentiality:

Accepted Answer

HIPAA, the Health Insurance Portability and Accountability Act, was established to protect patient health information and ensure confidentiality in the healthcare setting, especially with the increased use of electronic records.

Question 7

Which is not among the major intentional torts?

Accepted Answer

Murder is not classified as an intentional tort in civil law but rather as a criminal offense. Intentional torts like battery, assault, and false imprisonment involve civil liability where the victim can sue the perpetrator for damages.

Question 8

Use of a restraint on a nursing home patient who is constantly wandering the halls is an example of

Accepted Answer

The use of a restraint on a nursing home patient who is constantly wandering the halls without a valid medical reason constitutes false imprisonment. This is because it restricts the patient's freedom of movement without consent or legal justification.

Question 9

Placing a person in immediate fear or apprehension of harmful touching without his or her consent is

Accepted Answer

Assault involves creating a reasonable apprehension of imminent harm in another person, without physical contact necessarily occurring. It's the threat or attempt to injure another that constitutes assault, not the actual physical contact, which would be battery.

Question 10

Which can be transferred?

Accepted Answer

The answer of Which can be transferred?
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Question 11

Which type of tort has at its essence the relationship to or ownership of the thing that causes harm?

Accepted Answer

Strict liability torts are focused on situations where harm is caused by an activity or a defect in a product, regardless of the intent or negligence of the defendant. This means that the relationship to or ownership of the thing causing harm is central to establishing liability.

Question 12

Raising a hand to strike a patient, even if the patient was not touched, can be considered

Accepted Answer

Raising a hand to strike a patient, even if the patient was not touched, constitutes assault because it involves an act that puts another person in reasonable fear of imminent harm, even without physical contact. Battery, on the other hand, involves unauthorized physical contact.

Question 13

For battery to occur, all of the following conditions must be met except

Accepted Answer

For battery to occur, consent generally negates the claim since battery involves unauthorized or harmful contact. If general consent was given, it means the contact was authorized, thus not satisfying the conditions for a battery claim.

Question 14

During which surgeries would it be reasonable for a physician to remove the organ mentioned without specific consent?

Accepted Answer

During heart surgery, removing an unexpected blood clot is a necessary and immediate action to ensure the patient's safety, and it is generally considered part of the procedure without needing specific consent.

Question 15

Which would not be considered a tort?

Accepted Answer

Theft of narcotics is considered a crime rather than a tort. Torts are civil wrongs that cause harm or loss, leading to civil liability, whereas theft is a criminal act prosecuted by the state.

Question 16

Which would not appear in an institution's policy on use of restraints?

Accepted Answer

The use of restraints is governed by strict guidelines focusing on patient safety, ethical considerations, and legal requirements. Policies typically outline the circumstances under which restraints can be used, the necessary monitoring of patients, and the documentation required to justify their use. However, the type of restraints used should not be determined by staffing shortages, as this could compromise patient safety and care standards.

Question 17

In which situation would a medical facility probably avoid false imprisonment charges?

Accepted Answer

In situation C, holding a severely intoxicated adult male in the hospital for his own safety or the safety of others can be justified medically and legally, as the individual may not be in a state to make informed decisions about their own health and safety.

Question 18

A healthcare professional who believes that an unconscious patient should receive a certain treatment but knows that the patient's religious beliefs prohibit such treatment faces

Accepted Answer

This scenario describes an ethical dilemma because the healthcare professional is caught between the duty to provide care that they believe is in the patient's best interest and the need to respect the patient's religious beliefs and autonomy.

Question 19

Which patient could probably receive a blood transfusion without consent if the physician obtains a court order?

Accepted Answer

In cases where a minor's parents refuse a necessary medical treatment such as a blood transfusion due to religious or other reasons, a physician can seek a court order to proceed with the treatment if it is deemed necessary to save the child's life or prevent serious harm. This is because the law generally prioritizes the welfare and health of minors, even over parental consent in life-threatening situations.

Question 20

A person arrives at the emergency department complaining of chest pain. While the doctor is examining the patient, the patient becomes unconscious. The physician performs life-saving measures to treat the patient. The physician determines that the patient needs emergency surgery or will die. The patient is rushed to surgery. This is an example of

Accepted Answer

Implied consent is assumed in situations where a patient is unable to give consent, but it is reasonable to assume they would want treatment to save their life or prevent serious harm. In this case, since the patient becomes unconscious and is in a life-threatening situation, the physician's actions are based on the principle of implied consent, where it is assumed the patient would consent to necessary medical treatment to save their life or prevent serious harm if they were able to do so.

Quiz 7: Intentional and Quasi-Intentional Torts