Legal Aspects of Providing Care Practice Test

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