Legal and Ethical Issues for Health Professions | 3rd Edition
By Elsevier Inc
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, TABLE OF CONTENT
1. The Legal System
2. Ethical and Bioethical Issues
3. The Medical Malpractice Lawsuit and the Trial Process
4. Disciplinary Actions
5. Work Place Issues
6. Documentation
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7. Intentional and Quasi-Intentional Torts
8. Statutory Reporting/Public Duties
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9. Professional Liability Insurance and Disciplinary Defense Insurance
10. Death and Dying Issues
11. Conflict Management
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12. Business Aspects of Healthcare
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,Chapter 01: The U.S. Legal System
Test Bank
MULTIPLE CHOICE
1. Which is a situation in which the goal of law is not accurately portrayed?
a. A woman takes her husband to court to obtain a divorce.
b. An individual sues his neighbor over a property line.
c. A man slashes his neighbor’s tires over a dispute.
d. A child is taken from her neglectful mother and placed in foster care by the state.
ANS: C
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Taking the law into one’s own hands never fulfills the goal of law. The goal of law is to
resolve disputes without violence and to protect individual citizens’ health, safety, and
welfare. Taking an individual to court or to the proper regulatory agency resolves matters
peacefully.
DIF: Cognitive Level: Comprehension REF: p. 3
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2. The foundation of the law of the land is:
a. state constitutions.
b. municipal laws.
c. district court decisions.
d. the Constitution of the United States.
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ANS: D
The U.S. Constitution grants certain powers to the federal government. Unless a specific
power is granted to the U.S. government, that power is left to the jurisdiction of state
government.
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DIF: Cognitive Level: Knowledge REF: pp. 3-6
3. Who has the power to regulate healthcare through their capacity to protect the health, safety,
and welfare of their citizens?
a. City government
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b. County government
c. State government
d. Federal government
ANS: C
States have the police power to regulate nurses, pharmacists, physicians, chiropractors,
physical therapists, and other licensed healthcare providers.
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DIF: Cognitive Level: Knowledge REF: p. 6
4. Which branch of government developed the source of law that implemented the Medicaid and
Medicare amendments to the Social Security Act of 1965?
a. Legislative
b. Judicial
c. Executive
, d. Municipal
ANS: A
The legislative branch of government develops statutory law. The executive branch can
propose or veto laws, and the judicial branch develops and interprets statutory law.
DIF: Cognitive Level: Knowledge REF: p. 4
5. Which is not an agency that can enact rules that become administrative law?
a. Occupational Safety and Health Administration
b. American Bar Association
c. Department of Health and Human Services
d. Environmental Protection Agency
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ANS: B
The legislature enables certain agencies to develop rules and regulations, such as the
Occupational Safety and Health Administration, the Department of Health and Human
Services, and the Environmental Protection Agency. The American Bar Association is a
private organization, not a governmental agency.
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DIF: Cognitive Level: Comprehension REF: pp. 4-5
6. Which statements about the checks and balances system is untrue?
a. The legislature can develop statutes and veto the executive branch.
b. The executive branch has veto power and can propose legislation.
c. The judicial branch interprets laws.
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d. The legislature proposes laws.
ANS: A
The legislature can propose laws and develop statutes, but it does not have veto power. The
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executive branch can veto and propose legislation, while the judicial branch interprets laws
and their application to individual cases.
DIF: Cognitive Level: Comprehension REF: p. 6
7. Which state does not have roots in English common law?
a. Texas
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b. California
c. Louisiana
d. Maine
ANS: C
All states except Louisiana have adopted a common law system. Louisiana adopted a civil
code system based on Napoleonic code, because France originally colonized the state.
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DIF: Cognitive Level: Comprehension REF: pp. 6-7
8. All the cases below would be considered a civil case except:
a. divorce.
b. breach of contract.
c. dispute over real estate sale.
d. terrorist threats.