Legal and Ethical Issues for Health Professions 3rd Edition Test Bank

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Chapter 01: The U.S. Legal SystemTest BankMULTIPLE CHOICE1.Which is a situation in which the goal of law is not accurately portrayed?a.A woman takes her husband to court to obtain a divorce.b.An individual sues his neighbor over a property line.c.A man slashes his neighbor’s tires over a dispute.d.A child is taken from her neglectful mother and placed in foster care by the state.ANS:CTaking the law into one’s own hands never fulfills the goal of law. The goal of law is toresolve disputes without violence and to protect individual citizens’ health, safety, andwelfare. Taking an individual to court or to the proper regulatory agency resolves matterspeacefully.DIF:Cognitive Level: ComprehensionREF:p. 32.The foundation of the law of the land is:a.state constitutions.b.municipal laws.c.district court decisions.d.the Constitution of the United States.ANS:DThe U.S. Constitution grants certain powers to the federal government. Unless a specificpower is granted to the U.S. government, that power is left to the jurisdiction of stategovernment.DIF:Cognitive Level: KnowledgeREF:pp. 3-63.Who has the power to regulate healthcare through their capacity to protect the health, safety,and welfare of their citizens?a.City governmentb.County governmentc.State governmentd.Federal governmentANS:CStates have the police power to regulate nurses, pharmacists, physicians, chiropractors,physical therapists, and other licensed healthcare providers.DIF:Cognitive Level: KnowledgeREF:p. 64.Which branch of government developed the source of law that implemented the Medicaid andMedicare amendments to the Social Security Act of 1965?a.Legislativeb.Judicialc.Executive

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d.MunicipalANS:AThe legislative branch of government develops statutory law. The executive branch canpropose or veto laws, and the judicial branch develops and interprets statutory law.DIF:Cognitive Level: KnowledgeREF:p. 45.Which is not an agency that can enact rules that become administrative law?a.Occupational Safety and Health Administrationb.American Bar Associationc.Department of Health and Human Servicesd.Environmental Protection AgencyANS:BThe legislature enables certain agencies to develop rules and regulations, such as theOccupational Safety and Health Administration, the Department of Health and HumanServices, and the Environmental Protection Agency. The American Bar Association is aprivate organization, not a governmental agency.DIF:Cognitive Level: ComprehensionREF:pp. 4-56.Which statements about the checks and balances system is untrue?a.The legislature can develop statutes and veto the executive branch.b.The executive branch has veto power and can propose legislation.c.The judicial branch interprets laws.d.The legislature proposes laws.ANS:AThe legislature can propose laws and develop statutes, but it does not have veto power. Theexecutive branch can veto and propose legislation, while the judicial branch interprets lawsand their application to individual cases.DIF:Cognitive Level: ComprehensionREF:p. 67.Which state does not have roots in English common law?a.Texasb.Californiac.Louisianad.MaineANS:CAll states except Louisiana have adopted a common law system. Louisiana adopted a civilcode system based on Napoleonic code, because France originally colonized the state.DIF:Cognitive Level: ComprehensionREF:pp. 6-78.All the cases below would be considered a civil case except:a.divorce.b.breach of contract.c.dispute over real estate sale.d.terrorist threats.

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ANS:DCivil law includes areas of the law such as contract issues, intentional torts, negligence,malpractice, and privacy issues. A terrorist threat would be considered a criminal offense.DIF:Cognitive Level: ComprehensionREF:pp. 7-89.Which is primarily a criminal case?a.A physician refuses to repay student loans.b.A physician performs a pelvic exam without a glove.c.An office assistant releases medical information without patient consent.d.An office assistant accesses medical information by computer about a patient whois not under a physician’s care at the time.ANS:BThe physician has probably committed battery, a criminal offense, on the patient by not usinga glove for the pelvic examination. Issues related to contracts, such as student loans, are civilmatters. Privacy issues also fall under administrative law, which is part of the civil category.DIF:Cognitive Level: ApplicationREF:pp. 7-810.An example ofin personamjurisdiction is:a.a dispute between neighbors over a fence line.b.theft of a computer from a private home.c.vandalism to a car parked in a school lot.d.all of the above.ANS:DIn personamjurisdiction means that the court has jurisdiction over the person involved inthecase. If the action giving rise to the case occurred in a certain geographical area, then the trialcourt in that area has jurisdiction over the case and the people involved in the case.DIF:Cognitive Level: ApplicationREF:p. 1011.When a court has jurisdiction over property or a thing itself, rather than over the peopleinvolved, the type of jurisdiction is called:a.in remjurisdiction.b.in personamjurisdiction.c.ad litemjurisdiction.d.appellate jurisdiction.ANS:AThe court determines right to the property in anin remjurisdiction case, which is usuallybinding against the whole world, not just the parties involved.DIF:Cognitive Level: KnowledgeREF:p. 1012.Which cases could be sent from the district court to the appellate court?a.A woman suing for the right to have an abortion in her last trimester of pregnancyb.A man suing a physician for negligencec.A parent suing on behalf of a child injured in a car accidentd.All of the above

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ANS:DThe right to terminate a pregnancy is determined by the state statute. An appellate case mustbe sent to the appellate court from the district court. All of these cases have the potential to besent from the district court to the appellate court.DIF:Cognitive Level: ApplicationREF:pp. 11-1213.The individual who brings a case to court is the:a.defendant.b.prosecuting attorney.c.plaintiff.d.defending attorney.ANS:CThe person bringing suit is the plaintiff, and the defendant is the person being sued. Attorneysare not named as the person bringing suit. The names in the case reveal who is suing whom.DIF:Cognitive Level: KnowledgeREF:p. 1014.If a physician is being sued by a patient for the acts of a medical assistant, which of thefollowing applies?a.Stare decisisb.Respondeat superiorc.Res ipsa loquiturd.Quid pro quoANS:BRespondeat superioris a Latin term that means, “Let the master answer.” If the medicalassistant is sued for actions that harmed a patient, her superior is also likely to be sued,because the supervisor—specifically the physician—should have had control over the medicalassistant’s actions.DIF:Cognitive Level: ComprehensionREF:pp. 5, 10, 8515.A defendant is asked, “What did you see just before you stopped your car to help the victimsof the car wreck?” What situation likely is involved?a.Sovereign immunityb.Malpracticec.Good Samaritand.NegligenceANS:CGood Samaritan laws protect healthcare providers or citizens who care for a person involvedin an emergency or disaster without reimbursement.DIF:Cognitive Level: ApplicationREF:pp. 8, 8916.When the U.S. Supreme Court decides a case, it is binding to:a.only the parties involved.b.only the city involved and its residents.c.only the state involved and its residents.d.all state and federal courts.

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ANS:DCases heard by the U.S. Supreme Court are binding on all state and federal courts.DIF:Cognitive Level: KnowledgeREF:p. 1217.If a man enters surgery to have his left leg amputated and leaves surgery with his right legamputated, which Latin term of law applies?a.Respondeat superiorb.Res ipsa loquiturc.Stare decisisd.Quid pro quoANS:BRes ipsa loquiturmeans, “The thing speaks for itself.” The presumption that the surgeonremoved the wrong leg means that the plaintiff does not have to prove that negligenceoccurred to recover from the defendant.DIF:Cognitive Level: ApplicationREF:p. 1018.If a judge decides a case on the basis of findings of a previous court in a similar case, whichLatin term applies?a.Respondeat superiorb.Res ipsa loquiturc.Stare decisisd.Quid pro quoANS:CStare decisismeans “to stand by things decided.” Courts often follow decisions made bycourts of higher or equal jurisdiction.DIF:Cognitive Level: KnowledgeREF:p. 519.The Supreme Court hears cases from courts with what jurisdiction?a.Higher jurisdiction than the Supreme Courtb.Lower jurisdiction than the Supreme Courtc.Equal jurisdiction to the Supreme Courtd.No jurisdictionANS:BThe Supreme Court only hears cases from courts with lower jurisdiction. No courthas higherjurisdiction than the U.S. Supreme Court.DIF:Cognitive Level: KnowledgeREF:pp. 11-1220.Which is true about a malpractice case?a.There must be proof of a breach of duty.b.No damages can be present.c.The cause of the damages does not have to be specific.d.The person who caused the damages does not have the duty to care for the patient.ANS:A

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Four elementsare required in a negligence action: duty, breach of duty, causation, anddamages.DIF:Cognitive Level: ComprehensionREF:p. 921.This branch of government proposes legislation and enforces laws.a.Legislativeb.Executivec.Judiciald.MunicipalANS:BThe President or Governor proposes legislative action to be taken by individual legislators,either vetoes or approves laws agreed to by the legislature, and enforces the laws.DIF:Cognitive Level: KnowledgeREF:p. 422.This branch of government establishes agencies to enact administrative law.a.Legislativeb.Executivec.Judiciald.MunicipalANS:BThe executive branch also proposes and establishes certain agencies to enact rules andregulations that become administrative law. Once the legislature creates a statute, it empowersthe appropriate executive agency to implement and establish rules and regulations to meet theintent of the statute.DIF:Cognitive Level: KnowledgeREF:p. 423.This branch of government interprets statutory law.a.Legislativeb.Executivec.Judiciald.MunicipalANS:CThe judicial branch is also the source of common law, or case law, which is the law thatdevelops from the decisions made by courts. Previous decisions are considered precedent andbinding on all lower courts.DIF:Cognitive Level: KnowledgeREF:p. 524.OSHA was created by which branch of government?a.Legislativeb.Executivec.Judiciald.MunicipalANS:B

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Once the legislature creates a statute, it empowers the appropriate executive agency toimplement and establish rules and regulations to meet the intent of the statute. These rules andregulations codify the interactions between the citizens and the agencies, provide for certainpolice powers to the agencies to enforce the regulations, and govern the agencies themselves.DIF:Cognitive Level: ComprehensionREF:pp. 4-525.This develops from decisions previously made by courts, or precedents, and these are bindingon all lower courts.a.Criminal lawb.Common lawc.Medical lawd.None of the aboveANS:BIn Latin this is calledstare decisis,which means to stand by things decided or adhere todecided cases. Common law originated from England with the Pilgrims and original settlers ofthe land. Since that time, each state’s courts have made decisions regarding civil and criminalcases.DIF:Cognitive Level: KnowledgeREF:p. 6

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Chapter 02: The Basics of EthicsTest BankMULTIPLE CHOICE1.The definition of ethics is:a.the values that influence human behavior.b.tying our actions to what is right or wrong.c.one’s moral principles.d.all of the above.ANS:DWhen discussing the definition of ethics, it can mean several things. As a branch ofphilosophy, ethics studies the values that influence human behavior, tying our actions to asense of right and wrong. A second aspect is an individual’s ethics; this refers to one person’smoral principles, the values that govern a single person’s decisions with a goal of maintainingone’s integrity or conscience.DIF:Cognitive Level: KnowledgeREF:p. 182.Values are:a.thoughts a person has.b.principles one chooses to live by.c.knowing right from wrong.d.one’s integrity.ANS:BValues are the principles that an individual chooses to live by. Although thesemay bepersonal values, they are also the qualities that drive most ethical behavioral models forgroups.DIF:Cognitive Level: KnowledgeREF:p. 193.The principle of “doing no harm” is called:a.integrity.b.beneficence.c.nonmaleficence.d.autonomy.ANS:CNonmaleficence is part of a physician’s oath to do no harm. In bioethical terms, the principleof nonmaleficence means that healthcare professionals should avoid harming a patient.DIF:Cognitive Level: KnowledgeREF:p. 254.If there is one heart available for transplant and healthcare professionals must make thedecision as to who gets the heart, which bioethical principle is involved?a.Integrityb.Beneficencec.Nonmaleficence

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d.JusticeANS:DThe principle of justice means treating everyone fairly, and distributing healthcare justly orfairly is a key issue in many ethical debates.DIF:Cognitive Level: ApplicationREF:pp. 25, 275.The reason that most people enter the healthcare field is grounded in the principle of:a.nonmaleficence.b.integrity.c.beneficence.d.justice.ANS:CBeneficenceis another word for doing good, or being kind, which is a predominant reason thatmost people enter the healthcare field.DIF:Cognitive Level: ComprehensionREF:p. 256.Actions that show respect for human dignity, such as being honest and putting the patient first,reflect which of the following principles?a.Integrityb.Justicec.Beneficenced.NonmaleficenceANS:AIntegrity is part of the standards of the healthcare profession and the actions that show respectfor human dignity.DIF:Cognitive Level: ComprehensionREF:pp. 18-197.Who is the most important person in the healthcare organization’s code of ethics?a.Healthcare professionalb.Patientc.Physiciand.Hospital administratorANS:BUsually a healthcare organization’s code of ethics will include statements regarding thetreatment and care of the patient as the most important priority, emphasizing handling all withdignity and respect. These in turn dictate such standards as guarding and respecting patientconfidentiality.DIF:Cognitive Level: KnowledgeREF:p. 198.When healthcare professionals attempt to improve the situations surrounding the patient, theyare practicing which of the following principles?a.Autonomyb.Beneficencec.Bioethics

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d.NonmaleficenceANS:BBeneficencemeans doing good or being kind, and the actions taken on behalf of the patientshould always be aimed at helping the patient.DIF:Cognitive Level: ComprehensionREF:p. 259.Respect for others whose beliefs, practices, religions, or customs may differ from our own iscalled:a.integrity.b.values.c.utilitarianism.d.tolerance.ANS:DTolerance is respect for others whose beliefs, practices, religions, or customs may differ fromour own. Tolerance must be practiced by all healthcare providers in all fields. We do not haveto agree with or condone the behaviors, beliefs, or practices of another individual but cannever pass judgment by our actions or words against another.DIF:Cognitive Level: KnowledgeREF:p. 2010.Unwavering adherence to an individual’s values and principles with dedication to highstandards is:a.integrity.b.values.c.utilitarianism.d.tolerance.ANS:AIntegrity is part of one’s individual ethics, which refers to one person’s moralprinciples, thevalues that govern a single person’s decisions with a goal of maintaining one’s integrity orconscience.DIF:Cognitive Level: KnowledgeREF:pp. 18-1911.Principles that individuals choose to live by are called:a.integrity.b.values.c.utilitarianism.d.tolerance.ANS:BAlthough these may be personal values, they are also the qualities that drive most ethicalbehavioral models for groups. Individually, a person may value loyalty or privacy as well asfreedom. For a group, the code of ethics would mirror these values and require that allemployees or individuals involved in that group adhere to the principles prescribed in thatorganizations’ code of ethics.DIF:Cognitive Level: KnowledgeREF:p. 19

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12.Ethical theory based on the greatest good for the greatest numberis called:a.integrity.b.values.c.utilitarianism.d.tolerance.ANS:CAlso called beneficence, utilitarianism is doing the “most good” and/or benefiting the largestnumber, which is one of the four foundational principles emphasized by the AmericanMedical Association.DIF:Cognitive Level: ComprehensionREF:pp. 25-2613.This ethical theory is based on the obligation of the individual to perform his or herresponsibility no matter the circumstance.a.Teleologyb.Deontologyc.Rights-based ethicsd.Justice-based ethicsANS:AThe general principle of teleology includes impartial thinking with respect to individuals. Allindividuals are considered equal and rules are absolute and should be obeyed by everyone. Inother words, it is the duty of an individual to adhere to universal rules and regulations,regardless of circumstances.DIF:Cognitive Level: ComprehensionREF:pp. 25-2614.This type of ethics theory emphasizes the specific person and does not consider the generalpopulation.a.Teleologyb.Deontologyc.Rights-based ethicsd.Justice-based ethicsANS:CThis theory is based on the individual’s rights. The emphasis is on the specific person anddoes not always take the consequences of the general population into consideration, assertinginstead that those rights should be upheld no matter what the circumstances. If misused, thiscould lead to individual gain without regard for damage or harm that can be caused to others.DIF:Cognitive Level: ComprehensionREF:p. 25, 2715.“Justice is blind” ethics theory is considered:a.teleology.b.virtue-based ethics.c.rights-based ethics.d.justice-based ethics.ANS:D

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This theory is that all individuals should be treated with impartiality and there should be noadvantages or disadvantages to individuals. Many believe this theory would preventunfairness and injustice under social contracts, such as the distribution of organ donations.DIF:Cognitive Level: ComprehensionREF:pp. 25, 2716.This ethics theory is based on character traits and qualities of individuals.a.Teleologyb.Virtue-based ethicsc.Rights-based ethicsd.Justice-based ethicsANS:BThe traits include honesty, integrity, and hard work. Its focus is the individual striving for abetter life, and is considered virtue-based ethics.DIF:Cognitive Level: ComprehensionREF:pp. 25, 2817.What is the first question one should ask when making ethical business decisions?a.Is it true?b.Is it legal?c.Is it balanced?d.How does it make me feel?ANS:BWhen facing a difficult choice, keep in mind that no ethical decision should be based onemotions. Ethical dilemmas should be faced and handled with logic and facts, weighing thealternatives and the consequences, and keeping an objective mind.DIF:Cognitive Level: ComprehensionREF:p. 2918.In the seven-step decision-making model, what is the first step that should be taken?a.Determine the exact ethical issue involved.b.Determine the rules, laws, principles, or values are involved.c.Determine all the facts of the situation.d.List all possible courses of action.ANS:CThe first step to be taken should be to determine the what, when, where, who, and why of thesituation. The other options should be done after the facts are determined.DIF:Cognitive Level: ComprehensionREF:p. 2919.In the Dr. Bernard Lo clinical model method of decision making, one should first:a.clarify the ethical issue.b.determine the pros and cons of each option.c.determine the exact ethical issue involved.d.gather information.ANS:D

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One should first gather the patient’s mental status, comorbidities, views of the otherhealthcare providers for the patient, and other issues that might complicate the patient’s casewhen making an ethical decision.DIF:Cognitive Level: ComprehensionREF:pp. 29-3020.Medical ethics committees formed in very large medical facilities:a.make decisions with the physicians’ input only.b.make decisions based on logic and the codes and standards of the facility.c.make decisions based on emotions.d.make decisions with the patient’s input only.ANS:BEthics committees generally see or speak with the patients themselves but focus solely on thefacts involved in the situation. This helps them make ethical determinations on the issues orcases brought before them based on logic, on the codes and standards, as opposed toemotions.DIF:Cognitive Level: ComprehensionREF:p. 3021.What is accreditation?a.Officially recognizing a person or organization for meeting standards establishedby an industryb.Obtaining enough continuing education creditsc.Recognizing the achievements of healthcare providers publiclyd.Recognizing a healthcare provider for their years of serviceANS:AAccreditation uses standards of care established by an industry to officially recognize anindividual or organization. Many facilities and organizations maintain voluntary participationwith accreditation organizations, who routinely examine the organization or facility to verify(as an objective party) that the standards of care and procedures of the organizations are incompliance.DIF:Cognitive Level: KnowledgeREF:p. 3022.An important program each healthcare facility should have is:a.an open policy to speak to any physician.b.educational assistance for continuing education.c.employee benefits that include healthcare.d.quality assurance programs.ANS:DThese programs are formed to evaluate and ideally prevent situations that arise and causeethical dilemmas. They evaluate patient satisfaction, complaints, and outcomes of treatment.These programs focus on prevention and improvement of policies and recommend andmonitor actions that noncompliant healthcare facilities can take for improvement.DIF:Cognitive Level: ComprehensionREF:p. 3023.What is the principle that ethics should be based on what is consistent and fair to everybody?a.Beneficence

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b.Nonmaleficencec.Autonomyd.JusticeANS:DThe four main principles of ethics are doing the most good for the most people, doing the leastharm to the least amount of people, giving people the right to make their own decisions, andensuring justice, which requires consistency and fairness to all involved.DIF:Cognitive Level: ComprehensionREF:pp. 25, 2724.What is medical etiquette when dealing with patients?a.Sharing their file with othersb.Treating them with respect and tolerancec.Letting their family know what is happening with the patientd.Treating them like family membersANS:BThe standards of professionalism expected in the medical field need to include showingpatients respect and tolerance no matter the circumstances.DIF:Cognitive Level: ComprehensionREF:p. 2425.What is the difference between ethics and laws?a.Illegal acts are most likely unethical.b.Unethical acts are illegal.c.Ethical acts are legal.d.Legal acts are ethical.ANS:AAs allied health professionals, it is vital that we understand all legal and ethical ramificationsof our actions and behaviors. Most would agree that illegal acts are most likely unethical, butthere are many unethical behaviors or actions that are not necessarily illegal.DIF:Cognitive Level: ComprehensionREF:p. 23

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Chapter 03: Ethical and Bioethical IssuesTest BankMULTIPLE CHOICE1.Bioethics is defined as the field of study examining the ethical dilemmas surrounding:a.advances in bioscience.b.advances in diagnostic treatment procedures.c.ethical issues surrounding medical research.d.all of the above.ANS:DAlthough advances in bioscience and diagnostic treatment procedures, as well as medicalresearch, provide important discoveries, they also involve challenges to the rights and privacyfor the patient. Bioethics is the study of these ethical dilemmas.DIF:Cognitive Level: KnowledgeREF:pp. 36-372.What is the main goal of ethical medical research?a.Make advances in the medical field.b.Make treating patients easier on the patient.c.Restore or prevent illness, death, and disabilities caused by diseases.d.Discover cures.ANS:CWhile making advances in the medical field, making treatment easier on the patient, anddiscovering cures are all part of the goals of ethical medical research, the main goal is to battlediseases through restoration or prevention of illness, death, and disabilities.DIF:Cognitive Level: ComprehensionREF:p. 373.A blind study is when:a.researchers do not tell the subject what is being studied.b.the subject does not know whether he is getting the trial drug or a placebo.c.researchers give random test agents to the subject.d.the subject is given the trial drug at random times.ANS:BIn a blind study, the patient does not know whether he or she is getting the trial drug or aplacebo. This ensures the patient will not have any preconceived effects of the drug so thepatient will be more objective.DIF:Cognitive Level: KnowledgeREF:pp. 38-394.One problem for a patient with a disease participating in a blind study drug trial is he or shemay:a.be too sick to participate.b.think he or she will be cured.c.be so desperate for a good outcome, he or she cannot be objective.d.participate as a last resort for a cure, and may not receive anything for a long

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