TBI TBI Legal & Ethical Considerations 2

Question 1

Which legal standard is used to determine whether a TBI patient should receive life-sustaining treatment when preferences are unknown?

Accepted Answer

Substituted judgment (what the patient would have wanted) or best interests standard

Answer

Reasonable physician standard

Answer

Family majority vote

Answer

Institutional ethics committee vote only

Question 2

Under the ADA, an employer is NOT required to provide a reasonable accommodation for a TBI employee in which circumstance?

Accepted Answer

When the accommodation creates an undue hardship (excessive cost or operational disruption) for the employer

Answer

When the accommodation costs more than $500

Answer

When the employee has been with the company less than one year

Answer

When the TBI occurred outside of work

Question 3

What is 'malingering' in TBI legal evaluations, and which neuropsychological tools help detect it?

Accepted Answer

Deliberate exaggeration of symptoms for secondary gain; detected by symptom validity tests (SVTs) and performance validity tests (PVTs)

Answer

Genuine memory impairment; detected by brain imaging

Answer

Post-traumatic amnesia; detected by the Westmead scale

Answer

Chronic pain; detected by pain inventories

Question 4

Workers' compensation claims for TBI require documentation of which essential element?

Accepted Answer

A causal connection between the workplace incident and the brain injury

Answer

Pre-existing mental health history

Answer

Employer's prior negligence

Answer

The employee's wage history only

Question 5

The concept of 'eggshell skull' rule in TBI tort law means which of the following?

Accepted Answer

A defendant is liable for full harm even if the plaintiff's pre-existing vulnerability made the TBI worse than expected

Answer

Helmets must be worn at all times

Answer

Only severe TBI cases qualify for legal action

Answer

Thin skulls are a complete defense for defendants

Question 6

Guardianship for a TBI patient is a legal process that differs from healthcare proxy in which important way?

Accepted Answer

Guardianship involves court appointment and oversight, removing broader legal rights; healthcare proxy is limited to medical decisions only

Answer

Guardianship only applies to financial decisions

Answer

They are identical legal instruments

Answer

Healthcare proxy requires court approval, guardianship does not