Test Bank For Medical Law and Ethics 6th Edition by Bonnie Fremgen All Chapters 1-14 by ACADEMIAMILL

Test Bank For Medical Law and Ethics, 6th edition Bonnie F. Fremgen Chapter 1-14 Chapter 1 Introduction to Medical Law, Ethics, and Bioethics 1) Which definition most accurately describes applied ethics? A) The legal application of moral standards that concern benefiting the public B) The practical application of moral standards that are meant to benefit the patient C) The legal application of moral standards that benefit the patient D) The legal application of moral standards that are based on the sincerity of a person's beliefs Answer: B 2) Illegal actions are A) usually unethical. B) seldom unethical. C) not unethical. D) not related to ethics. Answer: A 3) Laws are rules or required actions that are A) written by the people to control the actions of criminals. B) moral decisions about how the population should live. C) ethical considerations regarding the cultural beliefs of the population. D) prescribed by an authority and have a binding legal force. Answer: D 4) The purpose of law is to A) provide a way of measuring our actions. B) punish us when our actions break the law. C) provide moral decision-making standards. D) A and B. Answer: D 5) The study of a branch of philosophy related to morals, moral principles, and moral judgments is called A) ethics. B) law. C) medical practice acts. D) utilitarianism. Answer: A 6) The quality of being virtuous is called A) sympathy. B) utilitarianism. C) morality. 1 Copyright © 2020 Pearson Education, Inc.

D) empathy. Answer: C 7) Unethical acts are A) not always illegal. B) always illegal. C) not related to the law. D) uncommon in society. Answer: A 8) Which definition is correct for medical practice acts? A) Laws that apply to the practice of medicine in all fifty states B) Laws that apply to the practice of medicine in a particular state, including the requirements and methods of licensure C) Laws that define what constitutes unprofessional conduct in all 50 states D) Laws that apply to all graduates of an accredited medical school Answer: B 9) Medical practice acts may include laws regarding A) conviction of a felony. B) unlicensed persons practicing medicine. C) insufficient record keeping. D) all of the above. Answer: D 10) The study of ethics includes the use of A) moral principles. B) moral judgments. C) logic. D) all of the above. Answer: D 11) In applied ethics, medical professionals must apply moral standards for the purpose of A) implementing the best scientific information. B) helping the patient. C) practicing courtesy toward other professionals. D) addressing the interests of the patient's family. Answer: B 12) Which statement best describes the theory underlying utilitarianism? A) Actions must be chosen to achieve the greatest good for the greatest number. B) Actions must be chosen to achieve the best outcomes for the local patient population. C) Some actions are right or wrong no matter the outcome. D) Actions can only be chosen on the basis of the ability of the professional to carry them out. Answer: A

13) An example of utilitarianism might be A) a drug company keeping the cost of a widely used life-saving drug low and providing it free to those who can't afford it. B) providing Medicare for only those who can afford the copays. C) a mandate to give the same level of care to all Americans, even though some would get more care than they need while others would get less care than they need. D) all of the above. Answer: A 14) Rights-based ethics emphasizes the A) individual rights of persons. B) rights of specific social and economic groups. C) duty of persons to adhere to laws. D) character traits of persons. Answer: A 15) Ethical standards that relate to the medical profession are set and defined by A) individual state legislatures. B) the U.S. Congress. C) professional organizations. D) the U.S. Department of Health and Human Services. Answer: C 16) The purpose of a cost/benefit analysis in relation to medical care is to A) justify the cost of a treatment as compared to the benefit. B) justify only the benefit of a treatment. C) provide an estimate of the cost of a treatment. D) make sure no one "falls through the cracks" for treatment. Answer: A 17) Empathy requires the ability to A) feel sorry for someone else. B) feel a sense of commitment to a person. C) be aware of the feelings of another person. D) have a distant and unemotional attitude toward the patient. Answer: C 18) Which of the following is the best definition of confidentiality? A) The confidence of employees that their rights will be protected B) One person exerting power over another C) Faithfulness or commitment to a person or persons D) The ability to safeguard another person's information Answer: D

19) Due process in the workplace refers to A) the right of employers to fire employees at will. B) the responsibility of employers to provide a safe work environment. C) the right of employees to have a fair hearing when their rights are in jeopardy. D) all of the above. Answer: C 20) Sexual harassment is defined in the Equal Employment Opportunity Commission guidelines as verbal or physical conduct of a sexual nature when A) submission to such conduct is a term or condition of employment. B) submission to or rejection of such conduct is used as a basis for employment decisions affecting the employee. C) such conduct has the purpose or effect of interfering with the individual's work performance or creating an intimidating, hostile, or offensive working environment. D) all of the above. Answer: D 21) Extending equal pay requirements to all persons who are doing equal work is known as A) due process. B) cost/benefit analysis. C) comparable worth. D) fidelity. Answer: C 22) A three-step model developed by Kenneth Blanchard and Norman Vincent Peale is used to evaluate A) alcoholism. B) legal issues. C) comparable worth. D) an ethical dilemma. Answer: D 23) The best definition for ethics is the branch of philosophy relating to A) sincerity of feelings. B) religious principles and beliefs. C) morals, moral principles, and moral judgments. D) laws and regulations. Answer: C 24) Which of the following is a branch of applied ethics? A) Medical ethics B) Ethical philosophy C) Bioethics D) A and C Answer: D

25) Bioethics is concerned with moral dilemmas and issues relating to A) principles taught in university- and graduate-level biology courses. B) advances in medicine and medical research. C) the process of enacting federal-level medical laws. D) all of the above. Answer: B

Medical Law and Ethics, 6e (Fremgen) Chapter 2 The Legal System 1) Congress is the ________ branch of the federal government for the United States. A) executive B) legislative C) judicial D) constitutional Answer: B 2) The individual states A) may vary in how they interpret and implement state laws. B) may vary in how they interpret and implement federal laws. C) must administer federal law the same. D) A and C. Answer: D 3) The U.S. Constitution does which of the following? A) It sets up the government. B) It defines the power of the government to act. C) It sets limits on the government's power. D) All of the above Answer: D 4) Statutes are laws passed by A) a state legislature. B) Congress. C) an agency of the government. D) Congress or a state legislature. Answer: D 5) A rule or law made by an agency is called a/an A) bill. B) regulation. 5 Copyright © 2020 Pearson Education, Inc.

C) statute. D) act. Answer: B 6) Common law is established through A) court decisions. B) federal law. C) state decisions. D) common practices. Answer: A

7) Which definition is the best for precedent? A) The ruling of a current case that that contradicts an earlier case when the facts are different B) The ruling in an early case that is applied to a subsequent case when the facts are the same C) Let the decision stand D) Liability for an injury to another person even if there was no intent to harm the other person Answer: B 8) Civil law includes A) torts. B) contracts. C) medical malpractice. D) all of the above. Answer: D 9) A civil injury or wrongful act committed against another person or property that results in harm whether or not it is compensated by money damages is covered by A) civil law. B) tort law. C) contract law. D) administrative law. Answer: B 10) In many cases, civil law matters are handled and settled A) by the judge. B) by the governor. C) outside the courtroom. D) by the federal government. Answer: C 11) Intentional torts include A) assault and battery. B) defamation. C) false imprisonment. D) all of the above. Answer: D 12) Action taken to confine a competent patient against his or her will is A) defamation. B) false imprisonment. C) assault. D) battery. Answer: B

13) Which is the best definition of libel? A) Speaking false and/or malicious words about another person that injure his or her reputation B) Speaking or publishing false and/or malicious statements about another person that injure his or her reputation C) Publishing false and/or malicious statements about another person in print, pictures, or signs that injure his or her reputation D) Attempts to deceive another person Answer: C 14) Professional exercise of the type of care that a reasonable person would use in similar circumstances is A) the standard of care. B) negligence. C) a breach. D) an unintentional tort. Answer: A 15) Failure or omission to perform professional duties to an accepted standard of care is called A) fraud. B) negligence. C) unintentional tort. D) consideration. Answer: B 16) Which of the following best defines an expressed contract? A) Agreement shown through inference by signs, inaction, or silence B) Agreement entered into orally (clearly stated) or in writing C) Failure to comply with the terms of the agreement D) All of the above Answer: B 17) A contract between the patient and the physician can be terminated if the patient A) fails to follow instructions. B) misses appointments. C) fails to pay for services. D) all of the above. Answer: D 18) Being found guilty of breaking a criminal law may result in A) a fine. B) imprisonment. C) loss of a medical license. D) all of the above. Answer: D

19) Which carries the punishment of fines or imprisonment in jail for up to a year? A) A misdemeanor B) A felony C) Negligence D) Battery Answer: A 20) The federal court has jurisdiction over a case when A) the case relates to federal law. B) the dispute occurred on or in international waters. C) another country's citizen and a U.S. citizen are in dispute with a monetary value of over $75,000. D) all of the above. Answer: D 21) Which of the following lists the lowest to highest divisions of the federal courts? A) District court, court of appeals, U.S. Supreme Court B) Circuit court, municipal court, U.S. Supreme Court C) Municipal court, district court, court of appeals D) District court, U.S. Supreme Court, court of appeals Answer: A 22) The person being sued in a court of law is the A) plaintiff. B) bailiff. C) defendant. D) litigator. Answer: C 23) A court order for a witness to appear in court and bring certain documents under penalty for failure to do so is a A) deposition. B) subpoena duces tecum. C) discovery. D) subpoena. Answer: B 24) An expert witness is one who A) has witnessed the crime and can identify the perpetrator. B) has an advanced degree such as a doctorate in in biology. C) has knowledge or experience about the facts of the case beyond that of the jury and others in the court. D) all of the above. Answer: C

25) When testifying in court, it is important to A) tell the truth. B) state the facts. C) include your opinion. D) A and B. Answer: D Medical Law and Ethics, 6e (Fremgen) Chapter 3 Essentials of the Legal System for Health Care Professionals 1) The purpose of medical practice acts is to protect the health and safety of the A) health care worker. B) physician. C) general public. D) state. Answer: C 2) Medical practice acts are established by the A) state legislature. B) state medical board. C) federal government. D) licensed physicians of a state. Answer: A 3) Each state's medical practice act A) establishes a state medical board that controls licensing of physicians. B) establishes the grounds on which a physician's license may be revoked. C) establishes the penalties for practicing medicine without a license. D) all of the above. Answer: D 4) The board of examiners in each state may grant licensure of a physician through A) examination. B) endorsement. C) reciprocity. D) all of the above. Answer: D 5) Requirements for medical licensure may include A) proof of a successfully completed approved internship/residency program. B) information about any past convictions or history of drug or alcohol abuse. C) proof of medical malpractice insurance. D) A and B. Answer: D 6) A state may license a physician by ________ when the applicant has successfully completed of the National Board of Medical Examiners (NBME) licensing examination. 10 Copyright © 2020 Pearson Education, Inc.

A) reciprocity B) endorsement C) registration D) certification Answer: B

7) Reciprocity is the practice of A) cooperation by which a state grants a license to practice medicine to a physician already licensed in another state. B) granting a license to applicants who have successfully passed the National Board of Medical Examiners (NBME) examination. C) requiring a set number of continuing medical education units in a designated time period to ensure currency in the field of practice. D) withdrawing the right to practice for severe misconduct, commission of a crime, or personal incapacity to perform one's duties. Answer: A 8) Medicare/Medicaid fraud, rape, murder, larceny, and narcotics convictions are examples of crimes that could lead to A) reciprocity of a license. B) a license being endorsed. C) a license being revoked. D) all of the above. Answer: C 9) An example of a person practicing without a medical license is A) a physician signing Dr. B) a licensed practical nurse signing RN. C) a registered nurse renewing a license as an RN. D) a paramedic performing CPR. Answer: B 10) A request to an agency to officially review a health care institution to determine its competence is a voluntary process initiated for the purpose of obtaining A) examination. B) endorsement. C) accreditation. D) reciprocity. Answer: C 11) An organization established in 1952 that accredits such institutions as hospitals, long-term care facilities, managed care organizations, visiting nurse associations, and clinical laboratories is known as the A) Board of Accreditation. B) Joint Commission. C) American Hospital Association. D) National Board of Medical Examiners. Answer: B

12) The ordinary skill and care that medical practitioners must use is called A) the prudent person rule. B) confidentiality. C) the standard of care. D) the statute of limitations. Answer: C 13) The provision of information to a patient that a reasonable person would want before making a decision about treatment is A) the standard of care. B) the statute of limitations. C) confidentiality. D) the prudent person rule. Answer: D 14) Confidentiality involves A) keeping private all information about a person and never disclosing it to a third party. B) disclosing private information about a person to a third party only when a patient's written consent is given. C) providing information by phone without the patient's consent when requested by a consulting physician. D) B and C. Answer: B 15) The period of time that a patient has to file a lawsuit is covered by the A) medical patients' rights acts. B) statute of limitations. C) statute of limitations for murder. D) medical practice acts. Answer: B 16) An adult who acts in court on behalf of a child in litigation is called A) a Good Samaritan. B) respondeat superior. C) a guardian ad litem. D) a prudent person. Answer: C 17) Let the master answer refers to A) the physician who assists in an emergency situation outside the workplace. B) the employer who assumes responsibility for the actions of employees. C) the medical assistant who unsuccessfully performs CPR. D) the scope of practice. Answer: B

18) Guidelines for the practice of a profession are called the A) respondeat superior. B) guardian ad litem. C) scope of practice. D) all of the above. Answer: C 19) Ultimate decisions about health care rest with the A) insurance company. B) physician. C) licensed caregiver. D) guardian ad litem. Answer: B 20) A chain of command for the health care team provides a "failsafe" mechanism so that A) no employee is left to make a decision he or she is not qualified to make. B) lawsuits can be avoided. C) the physician is responsible for all decisions. D) the need for decision making by employees is eliminated. Answer: A 21) Insurance coverage of employees who handle financial statements, records, and cash is called A) a chain of command. B) respondeat superior. C) bonding. D) malpractice. Answer: C 22) The practice used to control or minimize the incidence of problem behavior that might result in injury to patients and employees is A) bonding. B) risk management. C) confidentiality. D) guardian ad litem. Answer: B 23) The legal theory that the statute of limitations for when a patient can file a lawsuit begins to run at the time when the problem is or should be recognized is called A) respondeat superior. B) endorsement. C) the discovery rule. D) the medical practice acts. Answer: C

24) A physician practicing in a Veterans Administration hospital A) may hold a valid license from any state. B) must hold a valid license from the state where the hospital is located. C) does not need a license. D) is licensed by the federal government. Answer: A 25) A state board that handles issues relating to the registration of physicians may have different titles in different states, for example A) the Medical Practice Act. B) the State Board of Registration. C) the State Board of Medical Examiners. D) B and C. Answer: D Medical Law and Ethics, 6e (Fremgen) Chapter 4 Working in Today's Health Care Environment 1) A fixed-payment plan of health insurance offers coverage for A) hospital care. B) physicians' visits. C) complete medical care. D) dental care. Answer: C 2) Third-party payers include A) physicians. B) insurance companies. C) patients. D) hospitals. Answer: B 3) The purpose of the gatekeeper is to A) approve all nonemergency services. B) approve hospitalizations. C) approve tests before they are given. D) all of the above. Answer: D 4) In a managed care organization, financial risk is shared by the A) organization. B) hospital. C) physician. D) all of the above. Answer: D 5) The types of managed care organizations are 15 Copyright © 2020 Pearson Education, Inc.

A) HMO, WHO, and PPO. B) PPO, HMO, and CHO. C) HMO, PPO, and EPO. D) WHO, AMA, and HMO. Answer: C 6) Managed care organizations may attempt to limit a patient's A) choice of hospitals. B) referrals to specialists. C) length of stay in a hospital. D) all of the above. Answer: D

7) A health maintenance organization (HMO) provides A) health care services for a predetermined fee per member by a limited group of providers. B) no preventive care services. C) health care services by requiring a large copayment. D) health care services through a nonrestricted group of providers. Answer: A 8) Capitation is A) a fixed monthly fee paid to the health care provider for providing patient services. B) an additional payment for services paid directly by the patient at the time of service. C) limitation of all services for care to a fixed dollar amount. D) a fixed amount the managed care organization may charge the patient for membership in the organization. Answer: A 9) Medicare is a federal program of A) health care coverage for the poor and indigent. B) health care coverage for end-stage renal disease patients of any age. C) health care coverage for the elderly and disabled. D) B and C. Answer: D 10) Medicaid is a A) federally implemented program for indigent care. B) state-funded program for indigent care. C) federal program of care for the poor implemented by the individual states. D) locally implemented program of indigent care. Answer: C 11) A Medicare-instituted method of hospital payment is A) HMO. B) DRG. C) PPO. D) EPO. Answer: B 12) Diagnosis-related groups A) classify patients by illness. B) classify patients by income. C) limit care to a certain number of persons with a diagnosis. D) limit care to a set number of days. Answer: A

13) In managed care, the ideal equity approach would bring health care to every patient at a fair level of access, cost, and quality. However, changing any one of the three elements — access, cost, or quality — would A) impact the other two areas. B) destroy the entire system. C) cause patients to drop out of the system. D) cause hospitals to drop out of the system. Answer: A 14) Medicare and Medicaid prohibit physicians from A) referring to services in which they have a financial interest or ownership. B) charging a reasonable fee for service. C) referring to rehabilitation or long-term care. D) ordering expensive tests. Answer: A 15) Different methods of medical practice, such as partnerships and corporations, are the result of A) increased insurance coverage costs. B) a desire to better serve patients' needs. C) increased patient-initiated malpractice lawsuits. D) all of the above. Answer: D 16) A practice in which one physician retains all assets and autonomy and hires other physicians as employees is A) solo practice. B) sole proprietorship. C) partnership. D) associate practice. Answer: B 17) An associate practice is a legal agreement in which the physicians A) share a facility and staff. B) share the loss and profits. C) share responsibility for legal actions of each other. D) all of the above. Answer: A 18) A business operation of a medical practice in which two or more physicians are responsible for the actions of each, including debts, is called a/an A) associate practice. B) solo practice. C) partnership. D) group practice. Answer: C 18 Copyright © 2020 Pearson Education, Inc.

19) A medical practice consisting of three or more physicians who practice the same specialty and share expenses and income is a/an A) group practice. B) partnership. C) associate practice. D) corporation. Answer: A 20) The members of a professional corporation are known as A) the board of directors. B) shareholders. C) physicians. D) lawyers. Answer: B 21) Benefits of a corporation include which of the following? A) Profit sharing for its members B) Pension plans for its members. C) Protection of members' individual assets if the corporation is sued D) All of the above Answer: D 22) Which form of medical practice ends with the death of the owner? A) A corporation B) A partnership with several partners C) An associate practice D) A solo practice Answer: D 23) Fee splitting occurs when A) a hospital is paid in proportion to business received for holders of the franchise. B) one physician pays another physician for the referral of patients. C) income in a group practice is shared. D) a physician receives payment from both the insurance company and the patient. Answer: B 24) Allied health professionals who are certified include all of the following except A) medical assistants. B) phlebotomist. C) medical transcriptionists. D) pharmacists. Answer: D

25) A person with the appropriate education who practices as a doctor of medicine or doctor of osteopathy is called a/an A) allied health professional. B) physician. C) dentist. D) audiologist Answer: B Medical Law and Ethics, 6e (Fremgen) Chapter 5 The Physician—Patient Relationship 1) The contract for services with a physician includes A) an agreement to pay for services for as long as they are received by the patient. B) truthful disclosure of conditions by the patient. C) an agreement to provide services by the doctor. D) all of the above. Answer: D 2) Physicians may A) refuse to treat patients, except in emergencies. B) not refuse to treat patients. C) withdraw from a contract if the patient is uncooperative. D) A and C. Answer: D 3) An increase in malpractice insurance premiums has caused A) physicians to refuse more patients. B) physicians to charge more for services than in the past. C) physicians to withdraw from caring for more patients. D) none of the above. Answer: B 4) A physician can turn away patients that A) are emergencies. B) they have not agreed to treat. C) are indigent. D) have AIDS. Answer: B 5) It is a federal offense for a hospital to refuse to treat an indigent, uninsured patient – instead transferring the patient to a hospital that accepts such patients. This illegal practice by a hospital is known as A) abandonment. B) neglect. C) dumping. D) malpractice. Answer: C 20 Copyright © 2020 Pearson Education, Inc.

6) A physician who no longer wants to treat a patient after treatment has begun can avoid a legal charge of abandonment by A) giving informal notice of withdrawal from the case. B) giving formal notice of withdrawal from the case. C) writing to another doctor about the case. D) declaring the patient indigent. Answer: B 7) The physician must be fully aware of state laws that may or may not require reporting A) a newly discovered positive HIV or AIDS test result. B) a patient who has been noncompliant with the physician's recommendations. C) a patient who refuses to pay for medical care. D) all of the above. Answer: A 8) If the physician believes an AIDS patient who may place the health of others in jeopardy will not inform those others, the physician has an ethical obligation to A) persuade the patient to inform his or her partner(s). B) notify the appropriate authorities. C) notify the patient's partner(s) if the patient refuses to do so. D) all of the above. Answer: D 9) Testing for HIV requires A) ordering the test even if the patient refuses it. B) the patient's informed consent for the test. C) the lab's acceptance of the test sample. D) all of the above. Answer: B 10) When required by state law, a report of an HIV or AIDS diagnosis must be completed by the A) physician. B) patient. C) local health department. D) laboratory that conducted the test. Answer: A 11) According to the American Hospital Association's Committee on Biomedical Ethics, the patient's right to confidentiality may be overridden when A) the patient has HIV/AIDS. B) the patient has any communicable disease. C) the patient is an allied health professional. D) the patient's life or safety is endangered. Answer: D 12) Should the physician always tell the truth about the patient's condition? Many believe the 21 Copyright © 2020 Pearson Education, Inc.

physician should apply the principles of justice to this decision. This would mean trying to determine A) whether falsehoods should be told to the patient's family to prevent loss of hope. B) whether telling or hiding the truth might endanger others. C) what the laws of your state require. D) what would be a "just" decision for the patient. Answer: D 13) The adult patient has a right to A) deny any treatment. B) give informed consent for any treatment. C) expect the appropriate standard of care. D) all of the above. Answer: D 14) Minor children may receive life-saving treatment even if the parents refuse it A) if a court-appointed guardian gives consent. B) if the child chooses to receive it. C) when grandparents override the wishes of the parents. D) none of the above. Answer: A 15) Confidentiality mandates that information about ________ may not be transmitted to another person without the patient's consent. A) the patient's medical history B) the patient's test results C) the fact that the patient is a patient D) all of the above Answer: D 16) Confidential information that has been told to a physician by the patient is called A) advance directives. B) informed consent. C) privileged communication. D) self-determination. Answer: C 17) A written statement of the patient's intentions for health-care-related decisions is called A) an advance directive. B) implied consent. C) in loco parentis. D) consent. Answer: A 18) A document containing a patient's request to either use or not use life-sustaining treatments and artificial nutritional support is known as A) durable power of attorney. 22 Copyright © 2020 Pearson Education, Inc.

B) the Uniform Anatomical Gift Act. C) a living will. D) PSDA. Answer: C

19) The authority of a health care agent to act on behalf of the patient A) continues even if the patient cancels it. B) continues even if the patient is physically or mentally incapacitated. C) only includes the elderly. D) only includes minors. Answer: B 20) Regarding the rights of minors, in most states A) a minor is one who is less than 18 years of age. B) a mature minor is judged to be mature enough to understand and seek medical care for substance abuse, contraception, sexually transmitted diseases, and pregnancy. C) an emancipated minor is from age 15 to under 18 who is married, in the military, or selfsupporting and no longer under the care of a parent. D) all of the above. Answer: D 21) The patient's signature on an informed consent form indicates A) understanding of the treatment options. B) expressed consent. C) understanding of the limits or risks in the pending treatment. D) all of the above. Answer: D 22) Patients who indicate by their behavior that they will accept a procedure are providing A) informed consent. B) expressed consent. C) implied consent. D) none of the above. Answer: C 23) A physician may A) refrain from explaining the proposed treatment. B) refrain from telling a patient about the possible outcomes of treatment. C) refrain from telling a patient about commonly known risks of treatment if the physician believes the disclosure will be detrimental to the patient. D) guarantee that the treatment will be successful. Answer: C 24) Refusal for medical or surgical treatment by the patient must be honored if A) the patient is concerned about the success of the procedure. B) the patient is not confident in the physician. C) religious beliefs against the procedure are expressed. D) all of the above. Answer: D

25) One of the best ways to prevent medical errors is for the patient to A) be a better-informed consumer of medical services. B) sue the physician if he or she does not like the outcome of a procedure. C) keep quiet and let the physician handle all aspects of the care. D) use herbal remedies before calling the physician. Answer: A Medical Law and Ethics, 6e (Fremgen) Chapter 6 Professional Liability and Medical Malpractice 1) Failure to perform an action that a reasonable person would have performed in a similar situation is A) an assumption of risk. B) negligence. C) respondeat superior. D) malfeasance. Answer: B 2) Performing a wrong or illegal act is considered A) misfeasance. B) nonfeasance. C) malfeasance. D) feasance. Answer: C 3) Professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient is A) nonfeasance. B) feasance. C) malpractice. D) misfeasance. Answer: C 4) To obtain a judgment for negligence against a physician, the patient must be able to show A) malpractice, misfeasance, nonfeasance, and malfeasance. B) duty, dereliction of duty, direct or proximate cause, and damages. C) malpractice, misfeasance, dereliction of duty, and damages. D) duty, dereliction of duty, nonfeasance, and malfeasance. Answer: B 5) The reasonable person standard refers to the A) dereliction of duty. B) damages. C) duty of due care. D) proximate cause. Answer: C 25 Copyright © 2020 Pearson Education, Inc.

6) The standard of care to which physicians and other health care professionals are held is determined by A) the AMA. B) the local hospital. C) a board of physicians appointed by the local chapter of the AMA who practice in the same medical specialty. D) what members of the same profession would do in a similar situation within the same geographic area. Answer: D 7) To prove dereliction of duty, a patient would have to prove the physician A) did not carry malpractice insurance. B) did not conform to the acceptable standard of care. C) took additional risks in performing the treatment. D) none of the above. Answer: B 8) The thing speaks for itself applies to the law of negligence and is the doctrine called A) res ipsa loquitur. B) respondeat superior. C) preponderance of evidence. D) compensatory damages. Answer: A 9) Monetary awards by a court to a person who has been harmed in an especially malicious or willful way, and that may exceed the actual cost of the harm that was caused, are A) compensatory damages. B) nominal damages. C) punitive damages. D) wrongful damages. Answer: C 10) To win a wrongful death case, the plaintiff must prove that the defendant's actions were A) the proximate cause of death. B) malpractice. C) nominal damages. D) negligence. Answer: A 11) In a case in which a physician is being sued by a patient for malpractice, the most common defense by the physician is A) affirmation. B) denial. C) assumption of risk. D) consent signed by the patient. Answer: B 26 Copyright © 2020 Pearson Education, Inc.

12) Assumption of risk is the legal defense that A) is used by the defendant in a case to prove innocence from injury. B) prevents the plaintiff from recovering damages if he or she had accepted a risk associated with an activity that led to the illness or injury. C) determines that the patient was fully or partly at fault for the injury, and no damages may be recovered. D) bases the recovery of damages by the plaintiff on the amount of fault of the defendant. Answer: B 13) When an employer lends an employee to someone else and the employee commits negligence while working for that other person, the temporary employer, not the original employer, may be held legally responsible. This is called A) comparative negligence. B) respondeat superior. C) the borrowed servant doctrine. D) fraud. Answer: C 14) The statute of limitations for a case begins to run A) when the injury occurs. B) 2 years after the injury. C) when the plaintiff sues the defendant. D) when the injury is discovered. Answer: D 15) Deliberate concealment of the facts from a patient is A) comparative negligence. B) fraud. C) liability. D) contributory negligence. Answer: B 16) Res judicata means A) the thing has been decided. B) let the master answer. C) borrowed servant doctrine. D) the thing speaks for itself. Answer: A 17) The legal relationship formed between two people when one person agrees to perform work for another person is called A) the promise to cure. B) liability. C) the law of agency. D) all of the above. Answer: C 27 Copyright © 2020 Pearson Education, Inc.

18) A health care professional can best protect his or her physician/employer from being held responsible for the professional's possible negligence by A) having a job description with clearly defined responsibilities, duties, and necessary skills. B) using extreme care when performing his or her job. C) carrying out only those procedures for which he or she is trained. D) all of the above. Answer: D 19) Liability for the consequences of an employee's actions committed in the scope of employment is assigned to the A) employee. B) employer. C) agency. D) supervisor. Answer: B 20) A contract by which one person promises to compensate or reimburse another if he or she suffers a loss from a specific cause or a negligent act is A) a rider. B) arbitration. C) liability insurance. D) malpractice insurance. Answer: C 21) Coverage of the insured party for all injuries and incidents that occurred while the policy was in effect, regardless of when they are reported, is A) occurrence insurance. B) claims-made insurance. C) malpractice insurance. D) rider insurance. Answer: A 22) A general liability policy that covers any negligence on the part of the physician's staff would include A) claims-made insurance. B) occurrence insurance. C) the malpractice policy. D) a rider on the malpractice policy. Answer: D 23) Submitting a dispute to a person other than a judge is called A) law of agency. B) settlement. C) arbitration. D) liability. Answer: C 28 Copyright © 2020 Pearson Education, Inc.

24) A/An important reason for arbitration(s) of civil cases is to save A) court appointments. B) time. C) money. D) time and money. Answer: D 25) The health professional who is not usually employed by a physician is the A) nurse. B) pharmacist. C) medical assistant. D) radiology technician. Answer: B Medical Law and Ethics, 6e (Fremgen) Chapter 7 Public Duties of the Health Care Professional 1) Data, such as birth and death dates, are used by the government to A) determine the tax base for a community. B) determine population trends and needs. C) encourage planning and zoning in a community. D) provide health care professionals in a city. Answer: B 2) Public duties for the physician include reporting A) births and still births. B) deaths and certain injuries. C) communicable illnesses or diseases. D) all of the above. Answer: D 3) The live birth certificate must be signed by the A) county medical officer. B) physician who delivered the child. C) person in attendance in a home birth. D) B and C. Answer: D 4) A death certificate must include the A) date and time of death. B) name of the parents of the deceased. C) location of the place of death. D) all of the above. Answer: A 5) A coroner or medical examiner must sign the death certificate of the deceased when A) no physician was present at the time of death. 29 Copyright © 2020 Pearson Education, Inc.

B) a violent death occurred. C) the death occurred when the deceased was in jail or prison. D) all of the above. Answer: D 6) A medical examiner is a A) physician. B) nurse practitioner. C) physician assistant. D) lawyer. Answer: A

7) Which of the following is/are required by the National Childhood Vaccine Injury Act of 1986? A) The polio virus vaccine, live B) The hepatitis A vaccine C) The measles, mumps, and rubella vaccine D) A and C Answer: D 8) A physician reporting possible child abuse A) may be sued by the parents of the child for defamation. B) may not be sued by the parents of the child for defamation. C) may file an initial oral report followed by a written report. D) B and C. Answer: D 9) Failure to report a suspected case of child abuse may result in a charge of A) manslaughter. B) misdemeanor. C) felony. D) child abuse. Answer: B 10) Elder abuse may legally include all of the following except A) physical abuse. B) exploitation. C) verbal abuse. D) abandonment. Answer: C 11) Injuries, fractures, pain in the genital area, and weight loss may be signs of A) exploitation. B) abandonment. C) psychological abuse. D) physical abuse. Answer: D 12) Evidence gathered in an abuse case may include A) pictures of bruises or injuries. B) urine specimens. C) clothing. D) all of the above. Answer: D

13) Chain of evidence refers to all of the following except A) clearly labeled evidence with name, date, and time. B) documentation in the medical record of date and time the evidence was obtained. C) clothing evidence that is clean and dry. D) evidence that has been kept in locked storage until required. Answer: C 14) Conditions such as cancer, epilepsy, and congenital disorders of the newborn are often reported to government agencies in order to A) receive additional funding from insurance companies. B) maintain accurate public health statistics. C) receive funding through Medicare. D) prevent malpractice lawsuits. Answer: B 15) Enforcement of drug sales and distribution is through the A) local pharmacy. B) Drug Enforcement Administration. C) Food and Drug Administration. D) Bureau of Narcotics and Dangerous Drugs. Answer: C 16) The purpose of the Drug Enforcement Administration is to A) enforce the Controlled Substances Act of 1970. B) ensure the safety of food items sold in the United States. C) regulate drug dealers. D) keep physicians from prescribing controlled substances. Answer: A 17) Registration for physicians who administer controlled substances must be renewed every A) 2 years. B) 3 years. C) 4 years. D) 5 years. Answer: B 18) The proper method of disposing of a narcotic substance that needs to be "wasted" or destroyed is to A) return it to the original container to be counted. B) flush it down a toilet or drain if the manufacturer's packaging specifically instructs to do this. C) place it in a locked container until it is disposed of with other medical waste. D) all of the above. Answer: B

19) The penalty for violation of the Controlled Substances Act can be A) a fine. B) loss of license to practice medicine. C) a jail sentence. D) all of the above. Answer: D 20) DEA registration numbers are available to A) physicians. B) medical assistants. C) nurses. D) pharmacists. Answer: A 21) Prescriptions for Schedule II controlled substances can A) be refilled every 6 months. B) be refilled over the phone in a nonemergency. C) not be refilled. D) be refilled for up to 2 years. Answer: C 22) Opioids can A) affect a person's judgement. B) be addictive. C) slow heart rate and breathing to the point of death. D) all of the above. Answer: D 23) A program of management-financed and confidential counseling and referral service designed to help employees and/or their family members assess a problem is the A) EAP. B) DEA. C) FDA. D) CDC. Answer: A 24) It is estimated that personal problems related to alcohol and/or drug abuse cost the U.S. economy more than ________ of its $70 billion budget yearly. A) 25 percent B) 33 percent C) 50 percent D) 75 percent Answer: C

25) Hazardous medical waste includes A) solid waste from administration. B) infectious waste from body fluid contact. C) radioactive waste. D) B and C. Answer: D Medical Law and Ethics, 6e (Fremgen) Chapter 8 Workplace Law and Ethics 1) Laws regulating employment relationships, recruitment, placement, pay plans, benefits, penalties, and terminations are based primarily on A) longevity with the organization. B) job qualifications and performance. C) desire to succeed in the organization. D) willingness to work long hours. Answer: B 2) Employment-at-will when there is no employment contract is a common-law doctrine that allows the A) employee to quit at any time. B) employer to terminate the employee at any time. C) A and B. D) none of the above. Answer: C 3) Discrimination in the form of unfair treatment in employment based on race, color, religion, gender, or national origin is prohibited by which Title of the Civil Rights Act? A) Title V B) Title VI C) Title VII D) Title VIII Answer: C 4) Title VII governs all aspects of ________ in institutions that receive reimbursement by Medicare or Medicaid. A) patient-care B) taxation C) work environment D) pregnancy Answer: A 5) Sexual harassment includes A) unwelcome sexual advances. B) requests for sexual favors. C) verbal or physical conduct of a sexual nature. D) all of the above. 34 Copyright © 2020 Pearson Education, Inc.

Answer: D

6) The Civil Rights Act of 1991 permits the court to award ________ to mistreated employees. A) compensatory damages B) punitive damages C) prison sentences D) A and B Answer: D 7) The Age Discrimination in Employment Act protects persons ________ or older against employment discrimination. A) 30 years B) 40 years C) 50 years D) 60 years Answer: B 8) The Americans with Disabilities Act requires the employer to make A) every possible accommodation for disabled employees. B) no accommodations for disabled employees. C) reasonable accommodations for disabled employees. D) accommodations even if they are a hardship to the employer. Answer: C 9) OSHA is the A) Occupational Security and Hiring Act. B) Operational Safety and Harassment Agency. C) Occupational Safety and Health Act. D) Organization for Statutes and Health Agency. Answer: C 10) Rules to protect health care workers from bloodborne pathogens are regulated by A) OSHA. B) EPA. C) HMO. D) EEOC. Answer: A 11) The Health Maintenance Organization Act requires that any company with at least 25 employees must provide A) free health care to all employees. B) childcare facilities for employees. C) an HMO alternative to regular group insurance. D) biyearly physical exams and mammograms for employees. Answer: C

12) The federal act COBRA provides that a company with 20 or more employees must provide extended health care insurance to terminated employees for up to A) 18 months, usually at the employee's expense. B) 1 year, usually at the employee's expense. C) 18 months at the employer's expense. D) 1 year at the employer's expense. Answer: A 13) Through the Drug-Free Workplace Act, employers contracting to provide goods or services to the federal government must certify that A) a drug support service is provided for employees. B) a drug-free workplace is maintained. C) employees may not use drugs off of the premises. D) employees will be notified of violations before termination. Answer: B 14) The Fair Labor Standards Act regulates employee benefits such as A) minimum wage. B) payment for overtime work. C) hours that are worked. D) all of the above Answer: D 15) The origin of the current unemployment insurance program for employees who are unable to work through no fault of their own was the A) Fair Labor Standards Act. B) Consolidated Omnibus Budget Reconciliation Act. C) Social Security Act. D) Federal Insurance Contribution Act. Answer: C 16) The Equal Pay Act makes it illegal for an employer to discriminate on the basis of A) age. B) race. C) nationality. D) gender. Answer: D 17) A fine imposed by the federal government for employers not contributing to Social Security for their employees is mandated by the A) Workers' Compensation Act. B) Federal Insurance Contribution Act. C) Employee Retirement Income Security Act. D) Equal Pay Act. Answer: B

18) The Workers' Compensation Act protects workers and their families from financial problems resulting from A) employment-related injury, disease, or death. B) termination of employment due to drug use. C) a downsizing of the organization of employment. D) strikes or workplace action by employees. Answer: A 19) The Family and Medical Leave Act allows A) the father to take a leave of absence of up to 12 weeks in any 12-month period when a baby is born. B) the mother to take a leave of absence of up to 12 weeks in any 12-month period when a baby is born. C) unpaid medical leave for up to 12 weeks of leave for their own or a family member's medical or family related situation. D) all of the above. Answer: D 20) Guidelines for use of an individual's credit information are established by the A) Equal Credit Opportunity Act. B) Fair Credit Reporting Act. C) Truth in Lending Act. D) Fair Debt Collection Practices Act. Answer: B 21) The Fair Debt Collection Practices Act prohibits phone calls for the purpose of debt collection A) after 8:00 A.M. B) after 7:00 P.M. C) except on the weekends. D) before 8:00 A.M. Answer: D 22) The portion of a paycheck that may be paid directly to an employee's creditors is established by the A) Fair Debt Collection Practices Act. B) Federal Wage Garnishment Law. C) ERISA. D) EMTALA. Answer: B 23) Under the Family and Medical Leave Act, the employee A) must have worked for the employer for 6 months to be eligible. B) must be returned to the same or equivalent position when he or she returns. C) may have some loss of employment benefits when he or she returns. D) all of the above. Answer: B 38 Copyright © 2020 Pearson Education, Inc.

24) The Emergency Medical Treatment and Active Labor Act (EMTALA) relates to A) debt collection. B) patient "dumping." C) leave of absence for pregnancy. D) all of the above. Answer: B 25) An unfair dislike or preference against someone is called A) ethnocentrism. B) bias. C) stereotyping. D) autonomy. Answer: B Medical Law and Ethics, 6e (Fremgen) Chapter 9 The Medical Record 1) A medical record ordered by the court to be available during a malpractice case is said to have been A) disclosed. B) subpoenaed. C) ordered. D) required. Answer: B 2) Medical record management requires A) accuracy. B) confidentiality. C) proper filing and storage. D) all of the above. Answer: D 3) The purpose of a medical record is to A) provide the billing record of the patient from admission to the practice. B) provide the medical picture and record of the patient from birth to death. C) provide data and statistics on health matters. D) B and C. Answer: D 4) Patient information in the medical record should include A) the date of birth. B) the date of marriage. C) a record of divorces. D) the date of the spouse's birth. Answer: A 39 Copyright © 2020 Pearson Education, Inc.

5) The medical record must include information about patient care such as A) admitting diagnosis. B) physician examination report and documentation of complications. C) discharge summary and follow-up care. D) all of the above. Answer: D 6) Electronic health records must be signed A) with a pen. B) only by a physician. C) with digital signatures, biometric identifiers (such as a fingerprint), or a secret code or PIN assigned to the individual entering the information. D) in the presence of the patient. Answer: C 7) The accepted method of correcting errors to a paper medical record is to draw a line through the error, write the correction above, and add the date and initials of the person making the correction. The method of correcting errors to an electronic medical record A) is the same as the method of correcting a paper record. B) is to use the standard correction app that comes with all software. C) varies, depending on the software program and guidelines of the individual facility. D) is to delete the entire entry and reenter it correctly with the date of the correction. Answer: C 8) Federal reimbursement guidelines require that all medical records be completed within A) 15 days following the patient's discharge from a hospital. B) 30 days following the patient's discharge from a hospital. C) 45 days following the patient's discharge from a hospital. D) 60 days following the patient's discharge from a hospital. Answer: B 9) An incomplete medical record may A) not be a problem, as the remainder of the entry could be discussed during a court hearing. B) make it impossible for the health care provider to defend allegations in court. C) allow only part of a bill to be paid. D) not be able to be subpoenaed to court. Answer: B 10) For the court's purpose, if documentation does not appear in the medical record A) it did not occur. B) it can be documented at a later date without harm. C) the court will not use the medical record against the health care provider. D) all of the above. Answer: A 11) To protect patient confidentiality, medical records can be released A) to an attorney. 40 Copyright © 2020 Pearson Education, Inc.

B) to a judge. C) to the patient's family members. D) only with the patient's written consent. Answer: D 12) In most states, ownership of the medical record usually remains with the A) physician. B) patient. C) court. D) all of the above. Answer: A

13) When preparing a copy of a medical record for a patient or a third party A) keep the copy and send the original. B) make two copies and send the original. C) keep the original and send a copy. D) make a copy of the complete record and send it even when one part is requested. Answer: C 14) To maintain patient confidentiality when using e-mail A) always cc the physician. B) computer screens should be out of view from the general public. C) delete the email after sending it to the patient. D) print a copy of the e-mail and retain it in the patient's paper file. Answer: B 15) Medical records are usually exempt from state open-record laws except when A) the benefit of disclosure for the public interest (safety) outweighs confidentiality. B) requested by a family member to be disclosed to the public. C) mental health records are to be disclosed to the public. D) an attorney requests the records to be made public. Answer: A 16) Most states require that medical records should be stored for A) 5 years from the date of the last entry. B) 7 years from the date of the last entry. C) 10 years from the date of the last entry. D) 23 years from the date of the last entry. Answer: C 17) Older records of former patients A) need to be kept in the physician's office indefinitely. B) can be stored in a clean, dry storage space. C) can be destroyed after 5 years. D) need to be kept in the physician's office for at least 7 years. Answer: B 18) Computerized medical records A) pose problems of confidentiality. B) make record maintenance and retrieval more efficient. C) should be accessed on a need-to-know basis. D) all of the above. Answer: D

19) Medical record information that state statutes require be disclosed to a health department without the patient's consent may include A) HIV cases. B) AIDS cases. C) abortions. D) A and B. Answer: D 20) Physicians who wish to disclose confidential medical record information should first A) discuss it with the patient's family. B) discuss it with the patient and obtain written authorization. C) discuss the risks involved with his or her lawyer. D) discuss the problem with the patient's contact person who can provide written authorization. Answer: B 21) Laws regarding medical records A) are mandated by the federal government. B) apply only to physicians. C) vary from state to state. D) are the same from state to state. Answer: C 22) Health care providers and health care institutions who disclose confidential health information may A) do so without consequences. B) face civil and criminal liability for disclosure. C) face civil liability for disclosure. D) face criminal liability for disclosure. Answer: B 23) Immunization records should be kept A) for 10 years. B) permanently. C) for 5 years. D) until the age of maturity. Answer: B 24) A written order requiring a person to appear in court, give testimony, and bring the records described is called A) res ipsa loquitur. B) subpoena duces tecum. C) respondeat superior. D) a subpoena. Answer: B

25) If a medical record has been subpoenaed by the court and the subpoena served to the individual, practice, hospital, or other holder of the record, ________ should be notified that the subpoena has been received. A) the patient's physician B) the patient C) the physician's attorney D) all of the above. Answer: D Medical Law and Ethics, 6e (Fremgen) Chapter 10 Patient Confidentiality and HIPAA 1) A private or public health care entity that facilitates the processing of nonstandard electronic transactions into HIPAA transactions is a A) health care plan. B) clearinghouse. C) covered entity. D) wireless local area network. Answer: B 2) A health care organization covered under HIPAA regulations is a A) health care plan. B) HMO. C) covered entity. D) PPO. Answer: C 3) The standard code number assigned to an employer as identification for all electronic transmissions is the A) Social Security number. B) employer identifier standard. C) privacy number. D) employer identification number. Answer: D 4) Under HIPAA, an individual or group plan that provides or pays for the patient's medical care is the A) health care plan. B) covered entity. C) Office of Civil Rights. D) patient. Answer: A 5) A national source of reports of actions taken against health care providers, practitioners, and vendors who are in noncompliance or performing fraudulent activities is the A) Office of Civil Rights. B) wireless local area networks. 44 Copyright © 2020 Pearson Education, Inc.

C) National Practitioner Data Bank D) Health Insurance Portability and Accountability Act. Answer: C

6) The application of communication and information technology in medical practice, research, and education is called A) sanctions. B) covered entities. C) the privacy rule. D) medical informatics. Answer: D 7) When patient information must be provided to a third party such as an insurance company, under HIPAA the information relayed must not exceed the exact information needed by the third party. This guideline is known as the A) privacy rule. B) minimum necessary standard. C) limits of confidentiality. D) all of the above. Answer: B 8) The objectives of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) include A) combatting fraud, abuse, and waste in health care. B) promoting medical savings accounts. C) simplifying the administration of health insurance. D) all of the above. Answer: D 9) The federal office that investigates violations of HIPAA is the A) National Institutes of Health. B) Office of Civil Rights C) Social Security Administration. D) Supreme Court. Answer: B 10) Which title of HIPAA most affects confidentiality issues for health care providers? A) Title I: Insurance Portability B) Title II: Administrative Simplification C) Title III: Medical Savings and Tax Deduction D) Title IV: Group Health Plan Provisions E) Title V: Revenue Offset Provisions Answer: B 11) The HIPAA privacy rule A) limits how personal health information can be used. B) requires security of health records in paper, electronic, or other forms. C) eliminates the need for patient consent. D) A and B. Answer: D 46 Copyright © 2020 Pearson Education, Inc.

12) Under HIPAA, protected health information includes A) past individually identifiable health information. B) present individually identifiable health information. C) future individually identifiable health information. D) all of the above. Answer: D 13) Those who are included under HIPAA rules include A) life insurers. B) information systems vendors. C) universities. D) all of the above. Answer: D 14) Health care fraud alerts are issued by the A) Inspector General of the Department of Health and Human Services. B) Attorney General of the United States. C) Surgeon General of the United States. D) Postmaster General of the United States. Answer: A 15) Researchers who wish to obtain individually identifiable medical information must A) pay the patient for the information that is obtained for the research. B) obtain a patient authorization that complies with the rules set by HIPAA. C) use the information only after the patient is deceased. D) pay the institution that has initially obtained the information from the patient. Answer: B 16) An exception to the release of information policy under HIPAA would allow information to be released to A) a priest or minister for the purpose of religious counseling. B) a news reporter reporting a crime. C) the police investigating a crime. D) the military on induction of a service person. Answer: C 17) Violation of HIPAA is a A) misdemeanor. B) local criminal offense. C) state criminal offense. D) federal criminal offense. Answer: D

18) The original intent of HIPAA was to A) protect paper medical and billing records. B) protect computerized medical records and billing. C) provide easier access for patients to their own medical records. D) B and C. Answer: D 19) HIPAA allows all of the following except A) physicians or hospitals to share patient information with each other to treat the patient. B) complete disclosure of patient information by an EMT. C) disclosure to clergy of patient admission to a facility. D) all of the above. Answer: B 20) Under HIPAA Privacy Standards, a patient who believes his or her privacy has been violated may A) sue for damages in a federal court. B) complain to the covered entity, such as the hospital or physician's practice. C) register a complaint to the U.S. Department of Health and Human Services. D) B and C. Answer: D 21) Suggestions for physicians and physician groups when implementing HIPAA include A) appointing and training a privacy officer. B) adopting procedures for handling patient requests. C) implementing a Notice of Privacy Practices. D) all of the above. Answer: D 22) Signed authorizations and any agreements with patients restricting disclosure of PHI should be retained for a period of A) 5 years. B) 6 years. C) 10 years. D) the lifetime of the patient. Answer: B 23) Wireless local area networks are used by physicians and nurses to A) access bank accounts for patients who are hospitalized. B) access patient records from central databases. C) add patient observations and assessments to databases. D) B and C. Answer: D

24) A college degree and certification in Health Care Privacy and Security is required to hold the position of A) Health Information Administrator. B) Medical Office Manager. C) Health Information Technician. D) A and C. Answer: D 25) The use of communications and information technologies to provide health care services to people at a distance is known as A) computer technology. B) clearinghouse. C) family practice. D) telemedicine. Answer: D Medical Law and Ethics, 6e (Fremgen) Chapter 11 Ethical and Bioethical Issues in Medicine 1) The branch of philosophy relating to morals or moral principles is A) bioethics. B) law. C) ethics. D) applied ethics. Answer: C 2) Applied ethics in the health care professions relates to A) religious beliefs. B) decisions affecting health care. C) common sense. D) legal issues. Answer: B 3) Ethical issues discussed in the context of advanced medical technology are called A) bioethics. B) telemedicine. C) morals. D) informatics. Answer: A 4) Illegal acts are A) always ethical. B) frequently ethical. C) usually unethical. D) all of the above. Answer: C 49 Copyright © 2020 Pearson Education, Inc.

5) The code of ethics dealing with experimentation on human subjects is A) the Hippocratic Oath. B) the Nuremberg Code. C) nonexistent. D) a conflict of interest. Answer: B 6) The father of medicine, who wrote a statement of principles for his medical students to follow, was A) Semmelweis. B) Hammurabi. C) Hippocrates. D) Nuremberg. Answer: C

7) The issue of a warning or censure by the American Medical Association to a physician occurs when the physician A) refuses to treat a noncompliant patient. B) criticizes the AMA. C) does not renew his or her license to practice. D) is accused of unethical behavior or conduct. Answer: D 8) An allegation of a criminal act by a physician requires that the A) act be reported to the state licensing board or governmental agency. B) physician be given a warning. C) act be reported to the physician's colleagues. D) all of the above. Answer: A 9) The loss of a physician's license is called A) expulsion. B) disbarment. C) allegation. D) revocation. Answer: D 10) According to the Council on Ethical and Judicial Affairs of the AMA a physician may decline to accept a patient if A) the medical condition of the patient is not within the area of the physician's expertise and practice. B) the patient does not share the same religion as the physician. C) the physician had a bad experience in the country the patient originates from. D) B and C. Answer: A 11) The AAMA has developed a code of ethics for the A) anesthesiologist. B) nurse. C) medical assistant. D) information technologist. Answer: C 12) The most needed organs for transplant are A) livers. B) hearts. C) kidneys. D) eyes. Answer: C

13) The Uniform Anatomical Gift Act A) permits minors to allow posthumous use of organs through a type of written document. B) permits competent adults to have organs donated by their parents. C) permits competent adults to allow posthumous use of their organs through a written document. D) requires all persons to be organ donors. Answer: C 14) Giving organs to patients who will benefit the most is called A) social utility. B) justice. C) lottery. D) first come, first served. Answer: A 15) The National Organ Transplant Law of 1984 A) allows the sale of organs within individual states. B) developed an allocation formula. C) forbids the sale of organs in interstate commerce. D) funds organ transplantation. Answer: C 16) Allocating organs for transplants is handled through A) medical insurance. B) the United Network for Organ Sharing. C) Medicaid. D) Medicare. Answer: B 17) Ideally, an employee should state a preference for not wishing to be involved in assisting with a particular procedure A) when the situation arises. B) after the situation arises. C) before being hired. D) only if absolutely necessary. Answer: C 18) Research that may directly benefit the research subjects is A) therapeutic. B) nontherapeutic. C) unethical. D) unlawful. Answer: A

19) An institutional review board in a hospital or university receiving federal research funds A) oversees any human research in the facility. B) regulates any animal research in the facility. C) permits genetic research on humans without consent. D) all of the above. Answer: A 20) Clinical trials are conducted to A) test new treatments on prisoners in exchange for shortened sentences. B) determine if a product is safe and effective to use on patients. C) provide a cure to a patient using a drug that is not yet on the market. D) B and C. Answer: B 21) Placing the researcher's interests above the patient's interests is considered A) nontherapeutic. B) a conflict of interest. C) therapeutic. D) a personal choice. Answer: B 22) In a double-blind test A) the experimenter knows who is getting the research treatment. B) the patient knows who is getting the research treatment. C) neither the experimenter nor the patient knows who is getting the research treatment. D) both the experimenter and the patient know who is getting the research treatment. Answer: C 23) The Human Genome Project A) was undertaken to save the United States 3 billion dollars. B) was shut down early because of FBI concerns. C) is intended to map the sequence of the genes on each of the 23 pairs of chromosomes in the human body. D) is an ongoing effort aimed toward preventing nongenetic illnesses. Answer: C 24) Whistleblowing is always A) done without evidence to back it up. B) the first option considered. C) a completely selfish act. D) a last resort when all other methods for warning about a dangerous situation have failed. Answer: D

25) The administration of a lethal agent by another person to cause the patient's death and thereby end intolerable and incurable suffering is A) censure. B) gene therapy. C) euthanasia. D) posthumous. Answer: C Medical Law and Ethics, 6e (Fremgen) Chapter 12 Ethical Issues Relating to Life 1) In the stage of human development between the 2nd and 8th week, the developing life is A) an embryo. B) a fetus. C) a zygote. D) viable. Answer: A 2) The gestational period is the A) time before conception. B) time after birth. C) time from conception to birth. D) all of the above. Answer: C 3) AID stands for A) acquired immune deficiency syndrome. B) artificial insemination donor. C) assisted insemination disorder. D) autoimmune disorder. Answer: B 4) The most common legal and ethical concern related to AID is A) legality of the procedure. B) legitimacy of the child and responsibility for its support. C) the possibility of battery by the nondonor parent. D) lack of consent by the potential mother. Answer: B 5) AID records are A) confidential. B) not a public record. C) handled the same as adoption papers. D) all of the above. Answer: D 6) In vitro fertilization occurs as a result of 54 Copyright © 2020 Pearson Education, Inc.

A) ovum and sperm combining inside the female body. B) growth of the fertilized ovum in the laboratory. C) implantation of the fertilized ovum in the uterus. D) B and C. Answer: D

7) Surrogate motherhood allows the A) surrogate mother to keep the child. B) parents to pay for the child. C) surrogate mother to be paid for medical expenses. D) all of the above. Answer: C 8) The use of fertility drugs A) decreases the chance of multiple births. B) increases the chance of multiple births. C) does not change the chance of multiple births. D) rarely increases the chance of a pregnancy. Answer: B 9) Any action taken to prevent pregnancy from occurring is A) sterilization. B) conception. C) fertilization. D) contraception. Answer: D 10) The ruling that a woman's right to privacy includes the right to abortion was made by the U.S. Supreme Court in which case? A) Griswold v. Connecticut B) Roe v. Wade C) Roe v. Texas D) Griswold v. Roe Answer: B 11) The process of medically altering reproductive organs to prevent the possibility of producing children is A) hysterectomy. B) vasectomy. C) contraception. D) sterilization. Answer: D 12) No state law currently prohibits voluntary sterilization A) in any female. B) in a mentally competent adult. C) if the husband provides written consent. D) if the physician deems the procedure is in the patient's best interest. Answer: B

13) Voluntary sterilization of unmarried minors is A) common in most states. B) forbidden in many states. C) allowed with authorization of the minor and parent or guardian in some states. D) B and C. Answer: D 14) Eugenic (involuntary) sterilization is A) considered unethical by many people. B) often performed on female criminals, especially those who are incarcerated for life. C) commonly performed on the cognitively impaired. D) all of the above. Answer: A 15) Castration or sterilization of another person without following legally required procedures is considered to be A) a misdemeanor. B) legal. C) assault and battery. D) an automatic life sentence. Answer: C 16) The deliberate termination of a pregnancy by medical or surgical means before the fetus is viable is termed A) stillbirth. B) induced abortion. C) spontaneous abortion. D) miscarriage. Answer: B 17) The ruling in the 1973 Roe v. Wade case stated that A) during the first three months of pregnancy, the decision to have an abortion is between the woman and her physician. B) in the second trimester if the fetus is viable, abortion could be prohibited except when necessary to preserve the life or health of the mother. C) in the third trimester states could regulate or prohibit all abortions except to save the life of the mother or to protect maternal health. D) all of the above. Answer: D 18) A person appointed by the court to speak on behalf of an incapacitated party is called the A) respondeat superior. B) guardian ad litem. C) surrogate. D) agent. Answer: B 57 Copyright © 2020 Pearson Education, Inc.

19) An employee can abstain from assisting in an abortion procedure as a matter of A) conscience. B) religious conviction. C) opinion. D) A and B. Answer: D 20) Pro-choice advocates believe that A) women have the right to choose what to do with their bodies. B) legalized abortions are safer for the woman. C) a woman has the right to an abortion when the pregnancy results from rape or incest. D) all of the above. Answer: D 21) Most right-to-life advocates argue all of the following except A) no one has the right to deny a life. B) the embryo is a human life. C) it is morally wrong to take a human life. D) the right of the unborn child to live takes precedence over the right of the mother's life. Answer: D 22) Several states have enacted "conscience clause" legislation stating that A) hospital employees who refuse to participate in any procedure, such as an abortion, must resign or be fired. B) a hospital employees are required to participate in any and all procedures to which they are assigned with no exceptions. C) hospital employees have the right to refuse to participate in performing an abortion on the grounds of conscience or a religious conviction. D) hospital employees have the right to refuse to participate in an abortion or any other procedure for any reason. Answer: C 23) The study of heredity and its variations was discovered by A) George Aryan. B) Adolf Hitler. C) Gregor Mendel. D) Tay-Sachs. Answer: C 24) A geneticist who meets with couples who may be at risk of passing on a genetic disease to their offspring is performing A) genetic manipulation. B) genetic counseling. C) eugenics. D) amniocentesis. Answer: B 58 Copyright © 2020 Pearson Education, Inc.

25) Hereditary disorders include A) cystic fibrosis. B) Down syndrome. C) sickle-cell anemia. D) all of the above. Answer: D Medical Law and Ethics, 6e (Fremgen) Chapter 13 Death and Dying 1) Criteria or standards that assist in the determination of death include A) a significant drop of body temperature. B) loss of consciousness. C) rigor mortis. D) A and C. Answer: D 2) Traditionally, death has been defined as A) respiratory death. B) brain death. C) cardiac death. D) thermal death. Answer: C 3) ________ has gained favor as the definition of death in the United States and many other countries. A) Organ failure B) Respiratory arrest C) Rigor mortis D) Brain death Answer: D 4) According to the brain-oriented death definition, death occurs when A) there is irreversible cessation of all brain function. B) the brain stem is the only portion continuing to function. C) breathing is the only remaining function. D) heart action is the only remaining function. Answer: A 5) Discontinuing ventilation support for a patient who is brain dead will result in A) respiratory death. B) cardiac death. C) neurological damage. D) all of the above. Answer: B 6) Irreversible coma includes all of the following criteria except 59 Copyright © 2020 Pearson Education, Inc.

A) unreceptive and unresponsive to painful stimuli. B) spontaneous movements or breathing. C) no reflexes, with fixed dilated pupils. D) lack of eye movement and deep tendon reflexes. Answer: B

7) The Uniform Determination of Death Act states that an individual who has sustained A) irreversible convulsive seizures and loss of consciousness, is dead. B) irreversible cessation of circulatory and respiratory functions, is dead. C) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. D) B and C. Answer: D 8) Which action is considered passive euthanasia? A) Intentionally killing a terminally ill individual B) Intentionally foregoing life-sustaining treatment C) Providing a terminally ill individual with a means for suicide D) Allowing the individual to die naturally without medical support Answer: D 9) Ethical considerations for the terminally ill patient include A) withdrawing versus withholding treatment. B) active euthanasia versus passive euthanasia. C) ordinary versus extraordinary means. D) all of the above. Answer: D 10) Withdrawing life-sustaining treatment refers to A) not starting artificial methods of maintaining life. B) discontinuing artificial methods of maintaining life. C) gradually discontinuing feeding. D) gradually discontinuing ventilation. Answer: B 11) Patients have the legal right to A) refuse treatment. B) refuse food. C) refuse fluids. D) all of the above. Answer: D 12) The intentional killing of a terminally ill person is called A) passive euthanasia. B) active euthanasia. C) ordinary means. D) B and C. Answer: B

13) Justifications for euthanasia include which of these? A) Individuals should have the right to determine the outcome of their lives. B) There is no certainty regarding death; the patient may recover. C) Modern technology may find a cure for a terminal disease. D) It will provide the patient's family relief from financial and emotional burdens. Answer: A 14) Active euthanasia A) is illegal in all U.S. jurisdictions. B) erodes the ethical basis of the medical profession. C) A and B. D) none of the above. Answer: C 15) Advice about the course of medical treatment taken for a dying loved one can be given by A) any health care worker. B) the physician. C) a nurse. D) all of the above. Answer: B 16) The double-effect doctrine recognizes that an action may have A) only one consequence: undesired. B) two consequences, both desired. C) two consequences, both undesired. D) two consequences: one desired, one undesired. Answer: D 17) An ________ treatment is considered to be morally required. A) extraordinary B) ordinary C) appropriate D) B and C Answer: D 18) Dr. Elisabeth Kübler-Ross is known for her study of A) quality-of-life issues. B) stages of death and dying. C) functional living index. D) hospice care. Answer: B

19) A system designed to provide care and supportive services to terminally ill patients and their families is called a A) hospital. B) hostel. C) hospice. D) all of the above. Answer: C 20) The focus of hospice care is A) comfort measures. B) emotional support. C) relief from pain. D) all of the above. Answer: D 21) The total care of patients whose disease is no longer responsive to curative therapy is A) palliative care. B) preventive care. C) hospice care. D) euthanasia. Answer: A 22) Viatical settlements allow terminally ill persons to A) borrow money from a loan company. B) obtain money from their life insurance policies. C) obtain money from the federal government for experimental treatments. D) obtain money through Medicaid without paying taxes. Answer: B 23) Health care facilities, in order to receive Medicare or Medicaid funding, must ask patients if they have A) life insurance. B) health insurance. C) long-term care insurance. D) an advance directive. Answer: D 24) Persons over the age of 18 should place in writing their wishes about the type of treatment they should receive if they become incompetent. Such documents are known as A) surrogate declarations. B) advance directives. C) health care proxies. D) all of the above. Answer: B

25) Misconceptions about suicide include A) a belief that if persons are determined to kill themselves, nothing is going to stop them. B) a belief that people who talk about committing suicide won't really do it. C) a belief that people who commit suicide were unwilling to seek help. D) all of the above. Answer: D Medical Law and Ethics, 6e (Fremgen) Chapter 14 Trends in Health Care 1) According to an Institute of Medicine's report, medical errors kill how many American every year? A) 1,000 B) 10,000 C) 100,000 D) 1,000,000 Answer: C 2) All of the following are preventable medical errors except A) needle infections. B) incorrect diagnosis. C) in-hospital cardiac arrest. D) drug mix-ups. Answer: C 3) Which of the following do many hospitals establish to decrease preventable errors? A) Staff educational programs B) Electronic health records C) Systems of anonymous error reporting D) Pay reductions for those who make errors Answer: A 4) Which condition will the Centers for Medicare and Medicaid Services refuse to reimburse? A) Wrong-type blood transfusions B) Bedsores C) Only A D) A and B Answer: D 5) What is the name of the standard measurement of healthcare costs? A) Milliman Medical Index B) Standard and Poor's Financial Index C) Copayment D) Deductible Answer: A 6) What agency has developed guidelines for preventing infections in procedures such as 64 Copyright © 2020 Pearson Education, Inc.

insertion of central-line catheters? A) The World Health Organization B) The National Institute of Health Statistics C) The National Institutes of Health D) The Centers for Disease Control and Prevention Answer: D 7) What is fraud? A) A wrongful act that results in damage to a person's reputation or property B) Intentional deception or injury to another person C) A wrongful act or an infringement of a right leading to civil legal liability D) A failure to act with the level of care that someone of ordinary discretion would have behaved Answer: B 8) In recent years the proportion of physicians who provide care to the poor, or indigent, has A) increased dramatically. B) declined dramatically. C) increased slightly. D) declined slightly. Answer: B 9) The Children's Health Initiative Program (CHIP) is A) administered by the Centers for Disease Control and Prevention. B) a state-administered program to provide care for children. C) a federally-administered program to provide care for children. D) a privately-funded initiative to support care for children. Answer: B 10) The estimated number of children who are covered under CHIP is A) 4 million. B) 5 million. C) 6 million. D) 7 million. Answer: D 11) CHIP is an extension of which government program? A) Welfare B) Medicare C) Medicaid D) Social Security Answer: C 12) How is CHIP funded? A) State governments B) Federal governments C) State and federal governments D) Volunteer donations 65 Copyright © 2020 Pearson Education, Inc.

Answer: C

13) CHIP was established to provide care for which population? A) Children from all incomes B) Children with chronic illnesses C) Children in the foster care system D) Children from low-income households Answer: D 14) The Medicare patient population has reached an all-time high with A) over 45 million people. B) over 45 billion people. C) over 54 million people. D) over 38 million people. Answer: A 15) What is the role of robotics in surgical procedures? A) Robotics enhance the surgeon's skills. B) Robotics replace the surgeon's skills. C) Robotics automate surgical procedures. D) Robotics decrease surgical errors. Answer: A 16) The most commonly abused drugs are OxyContin, Vicodin, Fentanyl, and methadone, which are all synthetic versions of A) penicillin. B) digitalis. C) opium. D) heroin. Answer: C 17) What may help the patient who has difficulty with reading to understand instructions? A) The patient should ask questions if they don't understand something. B) The health care worker might ask the patient to read written instructions aloud. C) The health care worker should explain the instructions in easy-to-understand language. D) All of the above Answer: D 18) Situations in which an interpreter may be needed for effective communications with a deaf patient include the following A) when discussing a patient's medical symptoms, concerns, medications, and medical history. B) when explaining or describing medical diagnoses, conditions, tests and treatment options, surgery, and procedures. C) when giving a diagnosis, recommended treatment, and the prognosis. D) all of the above. Answer: D

19) A mechanism for attracting the attention of a deaf person is A) flicking a light switch a few times. B) gently tapping the person on the shoulder or arm. C) waving if the person is within sight. D) all of the above. Answer: D 20) Visual impairment that is enough to affect activities of daily living such as reading, safe pedestrian travel, self-care, cooking, and recreational activities is called A) low vision. B) visual impairment. C) functional limitation. D) legal blindness. Answer: C 21) An action to help in communicating with the blind or visually impaired would be to A) use nods and head shakes. B) make your presence known or gain the person's attention by speaking and/or gently touching the person's arm. C) talk directly to the person and not just to the person's sighted companion. D) B and C. Answer: D 22) Warning signs of Alzheimer's disease include A) difficulty completing familiar tasks and confusion with time and place. B) challenges in planning or solving problems and misplacing things and losing the ability to retrace steps. C) withdrawal from work or social activities and changes in mood and personality. D) all of the above. Answer: D 23) A slowly progressive chronic nervous disease that is initially characterized by a very fine, slow, spreading tremor in the fingers is called A) hemophilia. B) Parkinson's disease. C) Huntington's disease. D) dementia. Answer: B 24) Hemophilia is a hereditary disorder related to A) blood coagulation. B) the cardiac system. C) the nervous system. D) A and B. Answer: A

25) Dementia is a progressive mental disorder that is often caused by Alzheimer's disease but can also be caused by head injury, brain tumor, drug side effects, anemia, and A) urinary tract infection. B) allergies. C) hyperthyroidism. D) vitamin deficiencies. Answer: C