BHS Medical Ethics and Law 3 ā Questions and Answers
Question 1: Which Nuremberg Code principle established that voluntary informed consent is absolutely essential in human experimentation?
- Principle of beneficence
- Principle of voluntary consent (Correct answer)
- Principle of justice
- Principle of equipoise
Correct answer: Principle of voluntary consent
The Nuremberg Code (1947) established voluntary informed consent as the cornerstone of ethical human experimentation in response to Nazi medical atrocities.
Question 2: A terminally ill patient requests information about physician-assisted death. In a state where it is legal, the provider's first obligation is to:
- Immediately refer to a specialist in palliative care
- Provide complete, unbiased information about all legal options (Correct answer)
- Decline to discuss it due to personal moral objections
- Report the request to the hospital ethics committee
Correct answer: Provide complete, unbiased information about all legal options
Regardless of personal beliefs, providers must ensure patients receive accurate information about all legally available options to support autonomous decision-making.
Question 3: The doctrine of respondeat superior in healthcare law holds that:
- Hospitals are immune from liability for independent contractor errors
- Employers can be held liable for negligent acts of their employees within the scope of employment (Correct answer)
- Each practitioner bears sole liability for their own malpractice
- Supervisors must be named in all malpractice suits
Correct answer: Employers can be held liable for negligent acts of their employees within the scope of employment
Respondeat superior ('let the master answer') makes employers vicariously liable for employees' negligent acts performed within the scope of their duties.
Question 4: An adolescent (age 15) seeks confidential contraceptive counseling without parental consent. In most US states, the provider should:
- Refuse care and require parental consent
- Provide care, as minors can typically consent to reproductive health services (Correct answer)
- Notify parents after providing care
- Obtain court approval before proceeding
Correct answer: Provide care, as minors can typically consent to reproductive health services
Most US states have minor consent laws allowing adolescents to consent independently to reproductive health, STI testing, and contraceptive services.
Question 5: Which element is NOT required to prove medical malpractice?
- Duty of care owed to the patient
- Breach of the standard of care
- Intent to cause harm (Correct answer)
- Causation and resulting damages
Correct answer: Intent to cause harm
Medical malpractice is a negligence claim requiring duty, breach, causation, and damagesāintent is not required because negligence is unintentional by definition.
Question 6: The principle of therapeutic privilegeāwithholding information from a patientāis ethically justified only when:
- The provider believes the patient will make an 'unwise' choice
- The family requests the information be withheld
- Disclosure would cause immediate, serious psychological harm (Correct answer)
- The information is irrelevant to the treatment decision
Correct answer: Disclosure would cause immediate, serious psychological harm
Therapeutic privilege is a narrow, controversial exception applied only when truthful disclosure would create severe psychological harm that impairs the patient's ability to function.
Question 7: A hospital ethics committee is primarily convened to:
- Adjudicate malpractice claims against clinicians
- Provide disciplinary action for policy violations
- Offer guidance on complex clinical ethical dilemmas (Correct answer)
- Approve all experimental treatments before use
Correct answer: Offer guidance on complex clinical ethical dilemmas
Hospital ethics committees serve an advisory and educational role, helping clinicians, patients, and families navigate difficult ethical situations without authority to impose decisions.
Which Nuremberg Code principle established that voluntary informed consent is absolutely essential in human experimentation?