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

Surrogate decision-makers first apply substituted judgment (known values and wishes), and if unknown, fall back on the best interests standard.

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

The ADA's 'undue hardship' provision allows employers to decline accommodations that impose significant difficulty or expense, based on factors like employer size and financial resources.

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

Malingering involves intentional symptom fabrication for financial or legal gain; SVTs and PVTs are embedded in neuropsychological batteries to detect invalid performance.

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

Workers' compensation requires establishing that the TBI arose out of and in the course of employment — the work-relatedness nexus.

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

The eggshell skull rule holds defendants liable for all consequences of their negligent act, even if the victim had unusual pre-existing fragility that amplified the harm.

TBI - Traumatic Brain Injury Certification Practice Test

TBI - Traumatic Brain Injury Certification Practice Test

TBI TBI Legal & Ethical Considerations 2