Legal Aspects of Providing Care Practice Test

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• Which scenario best illustrates false imprisonment in a healthcare setting?
• Under the Patient-Self Determination Act, facilities covered include hospitals, skilled nursing facilities, home health agencies, hospice programs, and health maintenance organizations. Which of the following is true?
• Which statement describes the difference between voluntary admission and involuntary commitment in mental health contexts?
• What are the mandatory reporting requirements for elder or vulnerable adult abuse?
• Under PSDA, facilities must document whether a patient has an advance directive.
• What is the role of anti-discrimination laws in patient rights, such as the ADA?
• The first legislation of its kind creates a stance on advance directives and requires clients to be informed of their health-related rights under state laws. What is it?
• Emancipated minors may legally consent to medical care in all situations.
• Which of the following describes one circumstance under which an unemancipated minor may consent to medical treatment?
• PHI under HIPAA refers to Protected Health Information; what is the 'minimum necessary' rule?
• Who may act on behalf of a patient who lacks capacity?
• The PSDA is the first legislation of its kind to address advance directives.
• Which two instruments remain the cornerstones of clients' right to self-determination regarding medical care and end-of-life preferences?
• Under Tarasoff and related standards, what is the duty of a clinician when there is a credible threat?
• What is the purpose of informed consent?
• When a patient requests to view their medical record, what is appropriate?
• Which of the following is a typical patient right that relates to obtaining copies of records?
• Which statement correctly pairs slander with spoken and libel with written?
• Which type of law resolves disputes between private individuals?
• In emergencies, which person may consent to treatment for a sibling?
• Advance directives for health care are often referred to as which?
• Who can issue a Do Not Resuscitate (DNR) order?
• What are two examples of quasi-intentional torts?
• Which is legally permissible to disclose patient information without consent?
• In emergencies, treatment may be provided under implied consent.
• Which statement reflects a requirement for obtaining informed consent?
• Which statement correctly distinguishes a living will from a healthcare proxy?
• PSDA prohibits discrimination against individuals who have advance directives.
• Which of the following is an example of emancipated minor status?
• In pediatric consent discussions, what is the role of assent?
• Which statement best reflects confidentiality for minors when it comes to sharing information with parents or guardians?
• A living will is used in end-of-life situations. It is used in which circumstances?
• The professional relationship between a patient and healthcare providers is based on what?
• Which term best describes mistreatment of a vulnerable adult by another person, causing harm or distress?
• Under PSDA, which settings are required to provide information about advance directives?
• When may an advance directive be changed?
• What is the purpose of confidentiality in minors’ records, and when can information be shared?
• What is the act of threatening or attempting to injure another person called?
• Which scenario best defines malpractice in nursing?
• After a DNR order is enacted, which treatments are stopped?
• Which act functions to address the uninsured population within the United States?
• What is the role of interpreter services in informed consent?
• Which document is used to provide portable, situation-specific medical orders that survive across care settings?
• Which of the following is commonly considered a cue of abuse?
• Which scenario constitutes defamation of character?
• What does EMTALA require for hospitals with emergency departments?
• When is a durable power of attorney invoked?
• How should a provider respond to a request for medical record disclosure under a subpoena?
• Who is typically contacted first when abuse is suspected in a healthcare facility?
• Which patient right allows refusing a course of treatment?
• What are the key elements of consent for a minor patient?
• How should a facility handle a potential patient rights violation?
• Which statement about POLST is true?
• Which are permissible uses and disclosures of PHI under HIPAA for treatment, payment, and operations?
• Decisions are made based on previous court cases.
• Which statement best describes chart notes and incident reports?
• When responding to a subpoena for medical records, which action is essential?
• What term describes the active restraining or restricting of an individual's freedom of movement without authorization or just cause?
• Which statement identifies the authority responsible for setting nursing practice standards at the state level?
• Which of the following is NOT listed as an element of informed consent?
• Which statement about durable power of attorney laws is true?
• In which scenario might a minor’s emancipated status affect consent for treatment?
• Which term completes the phrase 'diagnosis and ______ of proposed action' in the elements of informed consent?
• What is the written form of defamation?
• What is the main purpose of the Patient Self-Determination Act?
• Informed consent requires full disclosure of the risks and benefits of the proposed action, alternatives, and the consequences of taking no action. The consent is given by the _____.
• Before the healthcare team can follow a living will, two providers must demonstrate two things: the client cannot make their own medical decisions and is in a medical condition that qualifies as terminal illness or permanent unconsciousness.
• Sharing a patient's medical details with a coworker without consent constitutes which issue?
• Which term describes acts that cause harm or distress without the intent to do so?
• Which statement best describes the purpose of incident reporting and how it differs from charting?
• Which elements should be included when documenting an adverse drug event?
• Which document records an unusual event or near-miss during care?
• A living will is typically used only in which circumstances?
• Which practices support building trust and effective communication after a medical error?
• A living will is invoked under which circumstances?
• Failure to ensure a patient is adequately covered when the gown opens constitutes which privacy issue?
• In care, negligence is defined as?
• Under privacy standards, who may authorize sharing with family when the patient cannot consent?
• What is the concept of “futility” in end-of-life decision-making, and how should it be handled legally?
• Which term describes the legal right of a patient to make decisions about medical care based on personal values?
• What should be included in an effective incident report?
• Which statement about telehealth consent and privacy measures is correct?
• What does the minimum necessary standard in HIPAA require of staff?
• For clients who are hearing impaired, unable to read, and those whose primary language is not English, what accommodations are required for consent information?
• What does PSDA stand for?
• If a patient refuses a procedure and the nurse still performs it, this constitutes which tort?
• ______ define who is able to provide consent for care, and the nurse is responsible for knowing the laws of the state in which they practice and the policies of their employer regarding consent.
• Under a living will, comfort measures may be provided to ease symptoms such as pain or breathing effort.
• Which statement best describes the consequences of violating professional boundaries?
• When can a patient refuse treatment, and what should staff do?
• What term describes the act of touching another person without their consent?
• Which statement best contrasts DNR and a “do not hospitalize” order?
• Do not hospitalize order is best described as?
• Which elements are used to assess capacity in healthcare settings?
• For defamation to be actionable, the statement must be false and communicated to a third party.
• What is another name for a durable power of attorney for healthcare?
• What constitutes professional boundaries and why is sexual boundary violation a legal/ethical issue?
• In nursing malpractice, which term describes failure to meet professional standard?
• Which statement about capacity is true?
• What steps should be taken to document an adverse drug event legally?
• Which statement about the six rights of medication administration is true?
• This is a tort that can be applied when the harm or damage is completely unintentional.
• Which action would violate HIPAA privacy protections?
• Which document designates a surrogate decision-maker for health care when the patient cannot decide?
• What must be certified before a Durable Power of Attorney for Healthcare can guide medical decisions?
• Legislation passed by the U.S. Congress and the state legislatures is called which type of law?
• What distinguishes a durable power of attorney for healthcare from a medical guardian?
• What is the spoken form of defamation?
• Which type of tort includes assault, battery, false imprisonment, and abuse?
• Medical Negligence: To meet the requirements of medical negligence, the injured party must prove that the health professional had a duty to provide care and that the duty was breached or broken. Because an injury may result from various causes, the injured party must also prove that the breach of duty caused the injury. Damages are assigned after the first three elements have been met
• What steps should be taken after discovering a breach of confidentiality?
• Which statement correctly characterizes assault in general legal terms?
• What are the two unintentional torts?
• What is the standard of care?
• What is the role of a healthcare power of attorney in emergency decisions?
• Which element is not required to prove medical negligence?
• A living will describes the type of medical treatment and can explain under what conditions an attempt to prolong life should be started or stopped.
• Who may consent to their own medical treatment?
• What is the purpose of retention schedules for medical records?
• What is the primary purpose of confidentiality in minors’ records?
• Which practice increases trust and enables open communication when a mistake occurs?
• Under which conditions may restraints be used in care settings?
• Under privacy standards, when may a healthcare worker disclose information to family members?
• When documenting a capacity assessment, which elements should be described?
• An unemancipated minor may consent to outpatient treatment for which of the following conditions?
• What term describes the set of documents including living wills that guide future medical decisions?
• What does the minimum necessary rule require?
• The most recent version, the ______ of 1990, requires hospitals, skilled nursing facilities, home health agencies, hospice programs, and health maintenance organizations to inform clients of their rights under state law to make decisions concerning their medical care.
• Which statement best defines abuse in caregiving contexts?
• After a patient safety incident, which actions contribute to an accurate incident record?
• Unemancipated minors may consent to medical treatment under certain criteria. Which of the following is one of those circumstances?
• Which law protects the rights of individuals by settling disputes between citizens?
• Administering a vaccine to a child against the wishes of their parent or custodial guardian is an example of which concept?
• Which statement accurately describes the scope of consent for unemancipated minors?
• Which statement best describes informed consent?
• When a Durable Power of Attorney is enacted, the proxy may make decisions according to the wishes or directions outlined in a _____ or previously communicated in person.
• Informed consent requires that the client have the ______ to understand their option of care.
• When is a surrogate decision-maker required in patient care?
• Emancipated minors may consent to medical treatment without a parent.
• Which concept ensures patients have the opportunity to consent to or refuse medical treatment?
• When a patient cannot speak for themselves, who guides care and may designate decisions?
• Which statement best differentiates negligence from malpractice?
• What is the written form of defamation of character?
• Which statement describes emancipated minors for consent purposes?
• A UAP drips water on the floor after washing their hands but does not notice, and later a visitor falls and breaks their wrist.
• Who can give valid consent for a patient who lacks capacity?
• Can a client end or revoke a living will at any time?
• The Scope of Malpractice in Nursing: For nurses, malpractice includes failure to: Assess and/or monitor; Notify the healthcare provider; Respond to orders; Follow six rights of medication administration; Convey discharge instructions; Ensure client safety; Follow policies; Properly delegate and supervise.
• The failure to provide care that is normally expected from a person in a specific role that results in injury to another individual.
• Who can be a legally authorized representative for consent?
• To help prevent malpractice, which actions should the nurse take?
• Which statement accurately describes reporting requirements for suspected abuse by health professionals?
• The failure to use the degree of knowledge and skill commonly expected of an individual in their profession. The failure must result in injury, loss, or damage to the person receiving care.
• What is an advance directive?
• What are the legal implications of falsifying medical records?
• What does a healthcare proxy do?
• What does a Do-Not-Resuscitate (DNR) order mean?
• Which court cases influenced the right to self-determination in healthcare?
• Which document is needed to inform and protect healthcare personnel who respect the client's wishes regarding resuscitation?
• How should a care provider handle patient restraints in behavioral health concerns?
• Abuse in caregiving contexts can include physical, verbal, psychological, sexual, or financial harm. Which term best describes this concept?
• The Portable Medical Orders (POLST) document is best described as:
• Advance directives for health care, often referred to as living wills, have become the ____ documents by which individuals can convey their wishes for care.
• Which term describes an order indicating a patient should not be hospitalized, commonly used in palliative care settings?
• How should patient information be protected in electronic health records (EHRs)?
• What term describes consent that requires full disclosure of risks, benefits, alternatives, and consequences of no action?
• Defamation of character is described as false statements that harm a person's reputation.
• Which act created a national framework for health care reform addressing the uninsured population?
• Which action would most likely be considered assault rather than battery?
• What is a “do not hospitalize” order, and how is it used?
• What is the primary purpose of a living will?
• What is included in an effective incident report?
• What is the difference between civil liability and criminal liability in care settings?
• In an emergency when parents are not present, who may consent for a minor child?
• What is the primary purpose of the minimum necessary standard in HIPAA, in terms of disclosures?
• What is the purpose of a least restrictive approach in behavioral health care?
• Which of the following components must be disclosed for informed consent to be valid?
• If the client regains the ability to make medical decisions, can the proxy continue to make decisions on their behalf?
• Failure to recognize the client's labored breathing that resulted in pulmonary arrest.
• DNR enforcement depends on?
• What is a key requirement for telehealth recording?
• What are the mandatory reporting requirements for child abuse?
• Which defines nursing standards that must be met within individual states?
• Which tort can involve both physical exposure of a person and sharing personal information without consent?
• Which statement accurately describes the difference between choosing no aggressive medical treatment and refusing all medical care?
• Which term describes written instructions about medical care preferences if a patient becomes unable to communicate?
• The PSDA also allows decreased costs by giving an option to elect or decline critical care/ICU interventions in the face of death due to terminal illness or injury.
• Refusing to allow an individual to leave the hospital after they have refused recommended treatment is a form of which tort?
• Which type of law governs crimes and their punishments?
• How do privacy and security controls apply to mobile devices used by care staff?
• What topic does a living will typically address?
• Which statement best describes how a patient can obtain copies of their records and possible fees?
• Which defines offenses and punishments for those who threaten, harm, or endanger society?
• Which law requires hospitals, nursing facilities, hospices, home health, and HMOs to inform patients about advance directives and ensure certain conditions are met to protect patient self-determination?