NHI Medical Law and Ethics Questions and Answers

Question 1

A patient presents a valid Durable Power of Attorney for Health Care, naming their spouse as their health care agent.
The patient is now incapacitated and unable to make decisions.
A conflict arises between the instructions in the patient's living will and the spouse's current decision.
Which of the following should legally be followed?

Accepted Answer

The spouse's decision, as the designated agent.

Answer

The living will, because it was written by the patient.

Answer

The physician's best medical judgment.

Answer

The hospital's ethics committee's recommendation.

Question 2

A medical assistant is asked by a patient's friend for an update on the patient's condition. According to the HIPAA Privacy Rule, which of the following is the most appropriate response?

Accepted Answer

"I am not permitted to share patient information for privacy reasons."

Answer

"I can't share any information, but I can confirm they are a patient here."

Answer

"Let me check the chart and see what I can tell you."

Answer

"The patient is doing well and should be discharged soon."

Question 3

The legal doctrine of 'res ipsa loquitur' means 'the thing speaks for itself.' In which of the following medical malpractice scenarios would this doctrine most likely apply?

Accepted Answer

A surgical sponge is discovered inside a patient's abdomen months after surgery.

Answer

A patient's cancer diagnosis is missed, leading to a delay in treatment.

Answer

A patient has an allergic reaction to a prescribed medication.

Answer

A prescribed physical therapy regimen does not improve a patient's condition.

Question 4

Which federal law requires healthcare facilities that receive Medicare and Medicaid funds to inform patients of their rights to make decisions concerning their medical care, including the right to accept or refuse treatment and the right to formulate advance directives?

Accepted Answer

Patient Self-Determination Act (PSDA)

Answer

Health Insurance Portability and Accountability Act (HIPAA)

Answer

Emergency Medical Treatment and Active Labor Act (EMTALA)

Answer

Affordable Care Act (ACA)

Question 5

Which of the following elements is NOT a required component of informed consent?

Accepted Answer

The credentials and experience of the provider.

Answer

The nature of the proposed procedure or treatment.

Answer

The risks and benefits of the procedure.

Answer

Reasonable alternatives to the proposed treatment.

Question 6

A healthcare professional is found to have committed a tort of negligence. To establish this, the plaintiff must have proven four key elements. Which of the following is NOT one of the 'Four D's of Negligence'?

Accepted Answer

Defamation

Answer

Duty

Answer

Dereliction

Answer

Damages