Ethics ch 5-8 and 12-14 reading quizzes

A general rule of conduct that is enforced by the government is a __________.

law

A major function of the executive branch of government is to __________.

enforce and administer the law

Common law is derived from __________.

judicial decisions

Laws dealing with relationships among individual are referred to as __________.

private laws

One of the main duties of the legislative branch of government is to __________.

enact laws

Statutory law is __________.

written law

The Department of Health and Human Services (HHS) __________.

develops and implements administrative regulations, carries out national health and human services policy objectives, is the main source of regulations that affect the health care industry

The common–law principle of __________ (let the decision stand) provides that when a decision is rendered in a lawsuit involving a particular set of facts, another lawsuit involving an identical or substantially similar situation is to be resolved in the same manner as the first lawsuit.

stare decisis

The concept of _____________ is a system of checks and balances which provide that no branch of government has more power than the other branches.

separation of powers

The highest federal court is the __________.

U.S. Supreme Court

__________ is the willful and intentional misrepresentation that could cause harm or loss to an individual or property.

fraud

__________ is the unintentional commission or omission of an act that a reasonably prudent person would or would not perform under given circumstances.

negligence

__________ is a common law doctrine by which federal and state governments historically have been immune from liability for harm suffered from the torturous conduct of employees.

sovereign immunity

_________ law is society's expression of the limits of acceptable human and institutional behavior.

criminal

_____ is a legal obligation of care, performance, or observance imposed on one to safeguard the rights of others.

duty

To recover damages caused by negligence, one must prove __________.

duty to care, breach of duty, injury, and causation

To be enforceable, contracts must contain __________.

an offer or communication, consideration, acceptance

The violation of another person's physical integrity is

battery

T/F - One of the objectives of criminal law is to maintain public order and safety.

True

T/F - Negligence generally involves the following acts: malfeasance, misfeasance, and nonmaleficence.

False

A source of public policy can include __________.

legislation, administrative rules/regulations/decisions, judicial decisions

Pursuant to Title VI of the Civil Rights Act of 1964, the guidelines of the Department of Health and Human Services (HHS) prohibit the practice of

racial discrimination

The Amendment to the Constitution that provides that a state cannot act to deny any person equal protection of the law is the __________.

14th

The __________ focuses on reform of the private health insurance market, providing better coverage for people with preexisting conditions, improving prescription drug coverage in Medicare, and extending the life of the Medicare trust fund by at least 12 years.

Patient Protection and Affordable Care Act (2010)

The __________ is designated the “supervising ethics office” for the House of Representatives.

committee of ethics

The __________ was designed to protect the privacy, confidentiality, and security of patient information.

HIPPA

The __________ was signed by President George W. Bush on July 30, 2002, in response to the Enron debacle and high–profile cases of corporate financial mismanagement.

Sarbanes Oxley Act (2002)

__________ forbids Medicare-participating hospitals from "dumping" patients out of emergency departments.

EMTALA

__________ is negligent or unethical conduct on the part of an elected official.

Political malpractice

___________ was enacted to safeguard individual privacy from the misuses of federal records, to get individuals access to records concerning themselves that are maintained by federal agencies, and to establish a privacy protection safety commission.

Privacy Act of 1974

__________ is the voluntary agreement by a person who possesses sufficient mental capacity to make an intelligent choice to allow something proposed by another to be performed on himself or herself.

consent

__________ is a legal concept that provides that a person has a right to know the potential risks, benefits, and alternatives of a proposed procedure.

Informed consent

When a physician doubts a patient's capacity to consent, __________.

it may be the duty of the court to assume responsibility of guardianship for a patient who is non compos mentis

The written or verbal voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to allow something proposed by another is __________.

express consent

The person who should be responsible for reviewing with a patient the risks, benefits, and alternatives of a proposed diagnostic test or treatment is the __________.

treating physician

The United States Supreme Court has held that a competent adult patient __________.

has the right to decline any and all forms of medical intervention, including lifesaving or life-prolonging treatment

Smith, a minor, was involved in an automobile accident. __________ consent for treatment was applied in this case because Smith was in a comatose state and no family members could be reached for consent.

implied

Justice Cardozo stated, "Every human being of adult years and sound mind has a right to determine what should be done with his own body, and a surgeon who performs an operation without the patient's consent ____________ . . . .”

commits an assault

Consent is preferably __________.

written

A patient's refusal to consent to a medical or surgical procedure must be adhered to, whether the refusal is grounded in _____.

lack of confidence in the physician, a fear of the procedure, doubt as to the value of a particular procedure

What constitutes an abused child is difficult to determine because it is often impossible to ascertain whether a child was injured __________.

intentionally or negligently

Verbal assaults, threats, intimidation, humiliation, and harassment are examples of __________ abuse.

psychological

Types of abuse include ___________.

sexual, physical, psychological

The various states have enacted various child abuse statutes to __________.

require good faith reporting

Patient abuse is __________.

the mistreatment or neglect of residents/patients/clients are under the care of a health care organization

It is difficult to determine the extent of senior abuse because the abused are ____________ to admit that their children or my ones have assaulted them.

reluctant

Indications of abuse for both children and seniors include ___________.

bruises, burns, broken limbs

Caregivers who suspect resident abuse are expected to __________.

report their findings, document symptoms and conditions of suspected abuse, ensure that proper follow-up takes place

Behavioral indicators of abuse include __________.

self-destructive impulses

All pediatricians are mandated by law to ___________ any concern of child abuse.

report any concern of child abuse

The fact that a phlebotomist revealed the results of a patient's pregnancy test to the patient's sister at a public tavern was __________.

a breach of the patient's confidentiality

Patients should not hesitate to ask caregivers for __________.

clarification of caregiver's instructions, interpretation of caregiver's illegible handwriting, explanation of the treatment plan

Patients presenting themselves to a hospital emergency department with acute medical or surgical problems should __________.

be treated as any other paying patient

Patients have a right to expect that information regarding their care and treatment will be kept confidential by __________.

nurses & physicians, volunteers, housekeepers

Patients have a responsibility to speak-up and ask questions regarding __________.

diet & medications, proposed treatment, a need for a consultant

Patients have a responsibility to ___________.

Provide caregivers with truthful and pertinent information

Patients have a responsibility for ____________ refusing treatment or not following instructions.

accepting responsibility for the consequences of their actions when

Patients have __________ in all aspects of their care and should be encouraged to do so.

a right to participate

A patient's right to “speak-up” includes asking such questions as __________.

before changing my dressing . . . did you wash your hands?, are you my nurse?, why am i being given this medication?

A patient has a right __________.

to have special needs addressed