Chapter 5 Study Questions

  1. What type of law mainly affects healthcare?
  2. What are wrongful acts that do not involve contracts?
  1. Why must healthcare workers know the laws in the state that they work?
  2. Is verbal consent ever allowed?
  3. What is a threat or attempt to injure another individual?
  4. What is the unlawful touching of another person without consent?
  5. Can procedures ever be performed without the patient’s consent?
  6. What is restraining an individual or restricting an individual’s freedom?
  7. What are the different types of abuse?
  1. When can physical restraints be used?
  1. What are obligations that are understood without verbally stated terms?
  1. Does a person with a legal disability have the right to form a contract?
  1. Who is responsible for the actions of an agent?
  1. What is all information given to health care personnel by a patient called?
  1. Who do health care records belong to ?
  1. The growing use of computerized records in health care has created what dilemma?
  1. Have modern health care advances have created some ethical dilemmas for health care providers?
  1. What is the purpose of the Omnibus Budget Reconciliation Act (OBRA) of 1987?
  2. Does a resident in a long-term care facility has the right to share a room with his or her spouse if both are residents in the facility?
  3. Can a designation of health care surrogate be given to a spouse, child, or relative?
  4. Is a health care worker is allowed to accept tips or gifts for care that has been provided?
  5. Can information on a patient’s record be released to other health care facilities without the patient’s written consent?
  1. Does a patient has the right to withdraw consent at any time.
  1. What is it called when an intimate partner uses threatening, manipulative, aggressive, or violent behavior to maintain power and control over another person?
  1. Using inappropriate words to describe a person’s race or nationality is an example of what?
  1. When a contract is explained to a non-English-speaking individual what is required?
  1. Confidential patient information can only be shared with who?
  1. What right does a patient have regarding the relationship of other health care facilities/organizations?
  1. Who can witness a patient’s living?
  2. What is a DNR?
  1. When an employee fails to meet their responsibilities, who can be held responsible?

32. Failure to give care that is normally expected of a person in a particular position, resulting in injury to another person is ______.

33. If a health care worker sends information to an insurance company without the patient’s written consent, this can be ______.

34. If a physician fails to use a degree of skill and learning commonly expected and the person receiving care is injured, the physician can be sued for ______.

35. If a patient is physically restrained without proper authorization or justification, this can lead to a charge of ______.

36. Any care that results in physical harm, pain, or mental anguish can lead to a charge of ______.

37. A false written statement that causes a person to be ridiculed or damages the person’s reputation is known as ______.

38. A set of principles relating to what is morally right or wrong are known as ______.

39. legal document that allows an individual to state what measures should or should not be taken to prolong life when a condition is terminal is a ______.

40. Permission granted voluntarily by a person who is of sound mind after a procedure and all risks involved have been explained is ______.

41. Writing threats or abusive statements is an example of ______.

42. Explain the differentiate between civil law and criminal law.

43. Identify the tort that could apply in each of the following examples:

a. / A physician fails to administer a tetanus injection when a person has a puncture wound.
b. / A patient is burned by moist compresses that are too hot.
c. / Information is given to an insurance company without the patient’s written consent.
d. / A health care worker shouts or swears at a patient.
e. / A health care worker tells another person false information about a patient.
f. / A health care worker performs a procedure on a patient after the patient has refused to give permission.

44. Name the three parts of a contract.

45. Differentiate between an implied and an expressed contract.

46. Give three examples of individuals who have a legal disability.

47. Give three examples of privileged communications that are exempt by law and must be reported.

48. How should an error be corrected on a written health care record?

49. When health care records are disposed of after the legal time for retention, how should they be destroyed?

50. Identify two safeguards that are used to maintain computer confidentiality.

  1. List five rules of ethics that apply in most health care occupations.
  1. Discuss at least six patients’ rights, and explain how you can provide these rights while giving patient care.
  1. List signs that may indicate abuse.
  1. List examples of common torts.
  1. Explain the standards set by the Privacy Act.
  1. Explain the Patient Self-determination Act.
  1. Briefly describe the purpose of the Patient Self-Determination Act (PSDA), and explain what a facility must do for patients under this law.