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Legal And Ethical Issues For Healthcare Professions 3rd Edition by Elsevier -Test Bank

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  • ISBN-10 ‏ : ‎ 1455733660
  • ISBN-13 ‏ : ‎ 978-1455733668

Original price was: $90.00.Current price is: $30.00.

SKU:tb1002287

Legal And Ethical Issues For Healthcare Professions 3rd Edition by Elsevier -Test Bank

Chapter 07: Intentional and Quasi-Intentional Torts
Test Bank

MULTIPLE CHOICE

1. Which would not be considered a tort?
a. Medical malpractice
b. False imprisonment
c. Trespass
d. Theft of narcotics

ANS: D
A tort is harm against a person, and a crime is harm against the state. Almost all torts can be crimes, but most crimes are not torts.

DIF: Cognitive Level: Knowledge REF: pp. 98-99

2. Which type of tort has at its essence the relationship to or ownership of the thing that causes harm?
a. Intentional torts
b. Quasi-intentional torts
c. Strict liability
d. Negligence

ANS: C
The essence of strict liability is the relationship to or ownership of the thing that causes harm. The essence of intentional and quasi-intentional torts is consent.

DIF: Cognitive Level: Comprehension REF: p. 99

3. Which is not among the major intentional torts?
a. Battery
b. Murder
c. Assault
d. False imprisonment

ANS: B
Broadly defined, intentional torts require that there be an intentional interference with one’s person, reputation, or property. Murder is not one of the major intentional torts and is considered harm against the state, or a crime.

DIF: Cognitive Level: Comprehension REF: p. 100

4. Placing a person in immediate fear or apprehension of harmful touching without his or her consent is:
a. assault.
b. battery.
c. consent.
d. negligence.

ANS: A
An assault is a threat or attempt to inflict offensive physical contact or bodily harm on a person that puts the person in immediate danger of or in apprehension of such harm or contact. Battery is defined as the harmful or offensive touching of another without consent or a legally justifiable reason. Consent means permission or approval, and negligence is a careless practice that causes harm.

DIF: Cognitive Level: Knowledge REF: p. 101

5. During which surgeries would it be reasonable for a physician to remove the organ mentioned without specific consent?
a. The physician removes an ovary that contains several cysts instead of removing the cysts alone.
b. The physician finds an unexpected blood clot and removes it during heart surgery.
c. The physician removes a uterus that is full of fibroid tumors.
d. The physician notices a sebaceous cyst when removing suspicious moles from the surface of the skin and removes the cyst at the same time.

ANS: B
If a physician finds a blood clot while performing heart surgery, it would be enough of a threat to be considered an emergency and thus should be removed. However, in all the other situations, although the surgery might be inevitable, the physician should wait until the patient gives consent.

DIF: Cognitive Level: Application REF: p. 103

6. Which patient could probably receive a blood transfusion without consent if the physician obtains a court order?
a. A 65-year-old nursing home patient
b. A 20-year-old victim of an industrial accident
c. A 17-year-old female whose parents refuse a transfusion
d. A 42-year-old mentally incompetent patient who has a legal guardian present

ANS: C
Courts will usually only order a blood transfusion in the case of a minor. If a competent adult refuses life-saving treatment, the courts will not interfere, nor will they imply consent.

DIF: Cognitive Level: Application REF: pp. 103-104

7. Which can be transferred?
a. Consent
b. Intent
c. Defamation
d. Torts

ANS: B
Transferred intent does not often occur in the medical profession, but a rule of law states, “Intent follows the bullet.” If one person is harmed in the course of an attempt to harm another, then courts can transfer that intent. Therefore, a physician would be responsible for the actions of a medical assistant in his practice.

DIF: Cognitive Level: Knowledge REF: p. 101

8. Consent is implied:
a. when the patient’s life is threatened if the procedure is not performed.
b. when the physician acts in the patient’s best interest.
c. when the physician finds other concerns during the course of surgery.
d. during all of these situations.

ANS: A
Consent is implied during emergencies, and only for those procedures that are absolutely necessary.

DIF: Cognitive Level: Comprehension REF: p. 103

9. In which situation could sexual activity with a patient be acceptable?
a. The physician and patient are both consenting adults.
b. The patient agrees to sign a release form.
c. The physician has clearly stated his or her intentions with the patient.
d. Sexual activity is never acceptable with patients.

ANS: D
It is considered unethical to engage in sexual activity with a patient. Under no circumstances are medical practitioners, nurses, or allied health personnel to have sexual relationships with their patients.

DIF: Cognitive Level: Comprehension REF: pp. 104-105

10. In which situation would a medical facility probably avoid false imprisonment charges?
a. A competent, elderly cancer patient needs surgery and refuses to stay in the hospital.
b. A minor female is held against her parent’s will without a court order.
c. A severely intoxicated adult male is held in the hospital emergency department and the physician refuses to release him.
d. A 20-year-old rape victim refuses to press charges to stay at the hospital for treatment.

ANS: C
Medical facilities may be justified in holding severely intoxicated patients against their will, but competent adults cannot be detained.

DIF: Cognitive Level: Application REF: pp. 105-107

 

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