Legal and Ethical Issues for Health Professions, 5th Edition
(Elsevier, 2024), Chapter 1 | Chapters LATEST EXAM
QUESTIONS WITH CORRECT DETAILED ANSWER
The branch of the government that is able to veto laws and enforces them is -
ANSWERSExecutive.
The three branches of government are legislative, executive, and judicial. The executive
branch proposes legislative action to be taken by individual legislators, either vetoes or
approves laws agreed upon by the legislature, and enforces the laws. The executive
branch also proposes and establishes certain agencies to enact rules and regulations
that become administrative law.
Laws and regulations enforced by the Occupational Safety and Health Administration
(OSHA) are examples of - ANSWERSAdministrative law.
The four primary sources of law in the United States are constitutional, statutory,
administrative, and common or case. The rules and regulations of the Occupational
Safety and Health Administration (OSHA) are administrative laws.
The lower judicial courts must follow the decisions made by higher courts in precedent-
setting cases. This is called - ANSWERSJurisdiction.
Previous decisions are considered precedent and binding on all lower courts. In Latin,
this is called stare decisis, which means to stand by things decided or to adhere to
decided cases.
An example of civil law is - ANSWERSA physician misdiagnosis a patient's disease
resulting in complications.
Civil laws are laws that protect the private rights of person or a person's property, and
include the areas of law such as contracts, property, negligence, malpractice, labor,
privacy issues, and family law. Common violations of civil law against healthcare
providers often include allegations of failures to provide care that meets the standard of
care, resulting in harm or injuries to the patient.
A physician is convicted of negligence. The physician may face all the following
penalties except - ANSWERSImprisonment
Negligence by a healthcare professional is one of the most common violation of civil
law. A violation of civil law may lead to a civil lawsuit by the victim, the revoking of the
healthcare professional's license, and monetary penalties.
A patient files a lawsuit against a physician for malpractice after the patient suffered
complications from a procedure. To determine that there was a breach of standard of
care, which of the following must be met? - ANSWERSAll of the options
Malpractice requires proof of a breach of a standard of care, and the breach must cause
damage or harm. The standard of care in a medical malpractice case is: the type and
level of care an ordinary, prudent, healthcare professional, with the same training and
experience, would provide under similar circumstances in the same community.
A patient files a lawsuit against a physician. The lawsuit would most likely be tried in
which type of court? - ANSWERSState court
Malpractice lawsuits, except those involving Medicare fraud, are tried in the state courts
because they often violate state regulations or laws.
In a medical malpractice lawsuit, which of the following would be an example of the
discovery process? - ANSWERSRequesting the patient's medical charts
,Before trial, lawyers for both the plaintiff and defendant may gather information in
preparation for the trial, which may include interrogations, request for documents, and
documenting the admission or denial of guilt.
Which of the following must be done before the US Supreme Court may hear a case? -
ANSWERSA writ of certiorari must be submitted.
For the Supreme Court to hear a case, a verdict must be given by a lower court and
then appealed in the appellate court. To request a review of the appeal, the party must
submit a writ of certiorari to the Supreme Court to grant a review.
The federal courts will hear cases involving all the following except - ANSWERSChild
custody dispute during a divorce case.
Federal courts will hear and decide on cases with issues of federal law, such as
constitutional rights, tax, intellectual property, and federal crimes, or cases between
residents of two different states or countries.
Which two documents guarantee fundamental rights such as privacy, equal protection,
and freedom of speech and religion? - ANSWERSThe Bill of Rights and the US
Constitution
The Constitution and the Bill of Rights are two historical documents that guarantee
certain fundamental freedoms to individuals. They affect the healthcare system by
providing the fundamental rights to privacy, equal protection, and freedom of speech
and religion.
A physician performs a routine pelvic exam on a pregnant woman to check for dilation
without her consent. This may be a case of - ANSWERSBattery.
An assault is the threat of bodily harm that reasonably causes fear of harm in the victim
while battery is the actual physical impact on another person.
All the following conditions must be met for negligence except - ANSWERSThe
intention or deliberate act to harm someone.
For negligence to occur, there must be a legal obligation to act in a certain manner, a
failure to use reasonable care, and a failure to act leads to harm. Negligence do not
require a specific plan to harm someone and are not deliberate actions, but are the
result of an individual or party failing to act in a reasonable way where a duty was owed.
A patient wants to sue a surgeon for an injury that occurred from a surgery. However,
the patient is told he cannot because he waited too long. This is due to -
ANSWERSStatute of limitations.
Filing a lawsuit must be timely. It must be filed within the statute of limitations—a claim
filed within a specific amount of time of discovering that a wrong has been committed.
Statutes of limitations vary by state and on the kind of offense.
Which of the following are examples of group ethics? - ANSWERSBeing a member of a
political party, Membership in the American Medical Assistant Association, Being born
from a specific country.
A system of principles and rules of conduct accepted by a group or culture is called
group ethics. This may be based on ethnic group, political affiliation, or profession.
Based on the principles of ethics, a patient refusing medical services is an example of -
ANSWERSautonomy.
Autonomy is the capacity to think, decide, and act on one's own free will and initiative.
This includes a patient's decision-making process.
, An ethics committee that decides the allocation of organ for transplants must rely mostly
on which ethical principle? - ANSWERSJustice
The ethical principle of justice is based on what is consistent and fair to all involved. The
four principal areas when evaluating justice are: fair distribution of scarce resources,
such as organ allocation; competing needs; rights and obligations; and potential
conflicts with established legislation.
Professional activities defined under state law and based on education, experience, and
demonstrated competency are called - ANSWERSstandards of practice.
Standards of practice, sometimes called scope of practice, refer to the professional
activities defined under state law. The standards of practice are limited by the provisions
of the law required for education, experience, and demonstrated competency.
All healthcare professionals must wash their hands before providing direct patient care.
This is an example of - ANSWERSstandard of care.
Standard of care sets minimum criteria for job proficiency and establishes basic
requirements for skill and care commonly used and expected of the healthcare
professional of that same or similar branch of medicine.
Although it is against her religion, a surgeon performs a procedure to terminate a
pregnancy. This is an example of which of the following ethical theories? -
ANSWERSDuty-based ethics
This theory is based on the duty of an individual to a society, group, or organization. It
focuses solely on the obligation of the individual to perform his or her responsibility, no
matter what the circumstances.
If the allocation of organs for transplants were based on who can afford them, this would
be against which ethical theory? - ANSWERSJustice-based ethics
The justice-based ethical theory is based on the idea that "justice is blind"—that is, all
individuals should be treated with impartiality and no individual should have an
advantages or disadvantages over other individuals.
When confronted with an ethical dilemma, which of the following questions should be
asked based on the ethical decision-making model? - ANSWERSIs it legal?, is it
balanced?, how does it make me feel?
When facing a difficult decision, the ethical decision-making model recommends
decisions be based on logic and facts, weighing the alternatives and the consequences,
and keeping an objective mind.
An ethics committee should be comprised of all the following except - ANSWERSThe
patient.
Ethics committees are comprised of staff, such as physicians, nurses, social workers,
and chaplains, and other members of the community who are available to help patients,
families, and healthcare providers.
A risk management team would oversee which of the following? - ANSWERSTraining
staff employees on new hospital policies, A patient filing a lawsuit against a hospital's
physician, and Monitoring of accreditation.
The Joint Commission is the main organization that oversees this for hospital,
laboratories, nursing homes, and ambulatory health clinics? - ANSWERSAccreditation
The Joint Commission accredits more than 21,000 healthcare organizations and
programs in the United States.
(Elsevier, 2024), Chapter 1 | Chapters LATEST EXAM
QUESTIONS WITH CORRECT DETAILED ANSWER
The branch of the government that is able to veto laws and enforces them is -
ANSWERSExecutive.
The three branches of government are legislative, executive, and judicial. The executive
branch proposes legislative action to be taken by individual legislators, either vetoes or
approves laws agreed upon by the legislature, and enforces the laws. The executive
branch also proposes and establishes certain agencies to enact rules and regulations
that become administrative law.
Laws and regulations enforced by the Occupational Safety and Health Administration
(OSHA) are examples of - ANSWERSAdministrative law.
The four primary sources of law in the United States are constitutional, statutory,
administrative, and common or case. The rules and regulations of the Occupational
Safety and Health Administration (OSHA) are administrative laws.
The lower judicial courts must follow the decisions made by higher courts in precedent-
setting cases. This is called - ANSWERSJurisdiction.
Previous decisions are considered precedent and binding on all lower courts. In Latin,
this is called stare decisis, which means to stand by things decided or to adhere to
decided cases.
An example of civil law is - ANSWERSA physician misdiagnosis a patient's disease
resulting in complications.
Civil laws are laws that protect the private rights of person or a person's property, and
include the areas of law such as contracts, property, negligence, malpractice, labor,
privacy issues, and family law. Common violations of civil law against healthcare
providers often include allegations of failures to provide care that meets the standard of
care, resulting in harm or injuries to the patient.
A physician is convicted of negligence. The physician may face all the following
penalties except - ANSWERSImprisonment
Negligence by a healthcare professional is one of the most common violation of civil
law. A violation of civil law may lead to a civil lawsuit by the victim, the revoking of the
healthcare professional's license, and monetary penalties.
A patient files a lawsuit against a physician for malpractice after the patient suffered
complications from a procedure. To determine that there was a breach of standard of
care, which of the following must be met? - ANSWERSAll of the options
Malpractice requires proof of a breach of a standard of care, and the breach must cause
damage or harm. The standard of care in a medical malpractice case is: the type and
level of care an ordinary, prudent, healthcare professional, with the same training and
experience, would provide under similar circumstances in the same community.
A patient files a lawsuit against a physician. The lawsuit would most likely be tried in
which type of court? - ANSWERSState court
Malpractice lawsuits, except those involving Medicare fraud, are tried in the state courts
because they often violate state regulations or laws.
In a medical malpractice lawsuit, which of the following would be an example of the
discovery process? - ANSWERSRequesting the patient's medical charts
,Before trial, lawyers for both the plaintiff and defendant may gather information in
preparation for the trial, which may include interrogations, request for documents, and
documenting the admission or denial of guilt.
Which of the following must be done before the US Supreme Court may hear a case? -
ANSWERSA writ of certiorari must be submitted.
For the Supreme Court to hear a case, a verdict must be given by a lower court and
then appealed in the appellate court. To request a review of the appeal, the party must
submit a writ of certiorari to the Supreme Court to grant a review.
The federal courts will hear cases involving all the following except - ANSWERSChild
custody dispute during a divorce case.
Federal courts will hear and decide on cases with issues of federal law, such as
constitutional rights, tax, intellectual property, and federal crimes, or cases between
residents of two different states or countries.
Which two documents guarantee fundamental rights such as privacy, equal protection,
and freedom of speech and religion? - ANSWERSThe Bill of Rights and the US
Constitution
The Constitution and the Bill of Rights are two historical documents that guarantee
certain fundamental freedoms to individuals. They affect the healthcare system by
providing the fundamental rights to privacy, equal protection, and freedom of speech
and religion.
A physician performs a routine pelvic exam on a pregnant woman to check for dilation
without her consent. This may be a case of - ANSWERSBattery.
An assault is the threat of bodily harm that reasonably causes fear of harm in the victim
while battery is the actual physical impact on another person.
All the following conditions must be met for negligence except - ANSWERSThe
intention or deliberate act to harm someone.
For negligence to occur, there must be a legal obligation to act in a certain manner, a
failure to use reasonable care, and a failure to act leads to harm. Negligence do not
require a specific plan to harm someone and are not deliberate actions, but are the
result of an individual or party failing to act in a reasonable way where a duty was owed.
A patient wants to sue a surgeon for an injury that occurred from a surgery. However,
the patient is told he cannot because he waited too long. This is due to -
ANSWERSStatute of limitations.
Filing a lawsuit must be timely. It must be filed within the statute of limitations—a claim
filed within a specific amount of time of discovering that a wrong has been committed.
Statutes of limitations vary by state and on the kind of offense.
Which of the following are examples of group ethics? - ANSWERSBeing a member of a
political party, Membership in the American Medical Assistant Association, Being born
from a specific country.
A system of principles and rules of conduct accepted by a group or culture is called
group ethics. This may be based on ethnic group, political affiliation, or profession.
Based on the principles of ethics, a patient refusing medical services is an example of -
ANSWERSautonomy.
Autonomy is the capacity to think, decide, and act on one's own free will and initiative.
This includes a patient's decision-making process.
, An ethics committee that decides the allocation of organ for transplants must rely mostly
on which ethical principle? - ANSWERSJustice
The ethical principle of justice is based on what is consistent and fair to all involved. The
four principal areas when evaluating justice are: fair distribution of scarce resources,
such as organ allocation; competing needs; rights and obligations; and potential
conflicts with established legislation.
Professional activities defined under state law and based on education, experience, and
demonstrated competency are called - ANSWERSstandards of practice.
Standards of practice, sometimes called scope of practice, refer to the professional
activities defined under state law. The standards of practice are limited by the provisions
of the law required for education, experience, and demonstrated competency.
All healthcare professionals must wash their hands before providing direct patient care.
This is an example of - ANSWERSstandard of care.
Standard of care sets minimum criteria for job proficiency and establishes basic
requirements for skill and care commonly used and expected of the healthcare
professional of that same or similar branch of medicine.
Although it is against her religion, a surgeon performs a procedure to terminate a
pregnancy. This is an example of which of the following ethical theories? -
ANSWERSDuty-based ethics
This theory is based on the duty of an individual to a society, group, or organization. It
focuses solely on the obligation of the individual to perform his or her responsibility, no
matter what the circumstances.
If the allocation of organs for transplants were based on who can afford them, this would
be against which ethical theory? - ANSWERSJustice-based ethics
The justice-based ethical theory is based on the idea that "justice is blind"—that is, all
individuals should be treated with impartiality and no individual should have an
advantages or disadvantages over other individuals.
When confronted with an ethical dilemma, which of the following questions should be
asked based on the ethical decision-making model? - ANSWERSIs it legal?, is it
balanced?, how does it make me feel?
When facing a difficult decision, the ethical decision-making model recommends
decisions be based on logic and facts, weighing the alternatives and the consequences,
and keeping an objective mind.
An ethics committee should be comprised of all the following except - ANSWERSThe
patient.
Ethics committees are comprised of staff, such as physicians, nurses, social workers,
and chaplains, and other members of the community who are available to help patients,
families, and healthcare providers.
A risk management team would oversee which of the following? - ANSWERSTraining
staff employees on new hospital policies, A patient filing a lawsuit against a hospital's
physician, and Monitoring of accreditation.
The Joint Commission is the main organization that oversees this for hospital,
laboratories, nursing homes, and ambulatory health clinics? - ANSWERSAccreditation
The Joint Commission accredits more than 21,000 healthcare organizations and
programs in the United States.
