Complete Test Bank Chapter 13 Patient Consent

Chapter 13 Patient Consent

Multiple Choice

1. The voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make an intelligent choice to allow something proposed by another is ___________.

a. consent

b. implied consent

c. express consent

d. none of the above

2. The best form of consent is ___________.

a. implied

b. verbal

c. written

d. informal

3. A touching of another without authorization to do so could be considered ___________.

a. touching

b. battery

c. assault

d. implied

4. It is preferable that a patient’s consent to a surgical procedure be procured by the ___________.

a. chief orderly

b. nursing supervisor

c. physician

d. administrator

5. ___________ consent requires that a patient have a full understanding of that to which he or she has consented.

a. Written

b. Express

c. Implied

d. Informed

6. Consent in cases in which immediate action is required to save an unconscious patient’s life or to prevent permanent impairment of a patient’s health is referred to as ___________ consent.

a. written

b. express

c. implied

d. verbal

7. ___________ consent is the preferred method of obtaining consent.

a. Express

b. Written

c. Implied

d. Verbal

8. The burden of establishing proof in a complaint of lack of informed consent is on the ___________.

a. defendant

b. parent

c. physician

d. plaintiff

9. In the absence of statutory protection, a procedure performed despite an individual’s objections could constitute ___________.

a. false imprisonment

b. battery

c. fraud

d. libel

10. A patient’s refusal to consent to treatment, for any reason, religious or otherwise, should be noted in the ___________.

a. medical record

b. incident report

c. business office

d. patient’s bill for services rendered

11. At the end of the day and as recognized by the courts, it is the ___________ who has the right to accept or refuse treatment based on the alternatives available.

a. physician

b. hospital

c. patient

d. ethics committee

12. Informed consent is a legal doctrine that provides that a patient has the right to know the potential ___________.

a. benefits of a proposed procedure

b. risks of a proposed procedure

c. risks, benefits, and compromises of a proposed procedure

d. risks, benefits, and alternatives of a proposed procedure

13. A physician is ___________.

a. not under a duty to elucidate upon “all” the possible risks of a proposed procedure

b. under a duty to elucidate upon “all” the potential risks of a proposed procedure

c. certainly under a duty to elucidate upon “all” the possible risks and benefits of a proposed

d. truly under a duty to elucidate upon “all” the possible benefits, risks, and benefits of a proposed procedure

14. Primary responsibility for obtaining informed consent from the patient lies with the ___________.

a. nurse who has the necessary technical skills to obtain informed consent from the patient without the physician’s input

b. physician who normally possesses the knowledge of a particular patient’s medical history and diagnosis

c. hospital which has primary responsibility to inform the patient of the risks, benefits, and alternatives to a proposed procedure

d. hospital board members who have primary responsibility to inform the patient of the risks, benefits, and alternatives to a proposed procedure

15. The clinical assessment of decision-making capacity should include the patient’s ability to ___________.

a. understand the risks, benefits, and alternatives of a proposed procedure, as well as to express his or her treatment preferences

b. evaluate the information provided by the physician

c. express his or her family’s treatment preferences

d. voluntarily make decisions regarding his or her treatment plan pending consent by family, friends, and physician

16. An informed consent form should include ___________.

a. the nature of the patient’s illness or injury and the risks and prognosis if no treatment is rendered

b. the procedure or treatment consented without reference to alternative methods of treatment and their associated risks and benefits

c. the purpose of the proposed treatment excluding any alternative methods of treatment and their associated risks and benefits

d. the risks and probable consequences of the proposed treatment, the probability that the proposed treatment will be successful, the signatures of the patient, physician, and witnesses, and the date the consent is signed

17. A limited power of attorney for students authorizes, for example, school officials (e.g., teachers) ___________________.

a. not to act as a legal guardian for students on behalf of the parents during a field trip

b. to seek emergency care for uninjured students during a field trip

c. to act in emergency situations on behalf of students under their supervision during a field trip

d. to act on behalf of the physician in emergency situations during school field trips

18. The courts generally utilize a “subjective” or “objective” test to determine whether a patient would have refused treatment if the physician had provided adequate information as to the risks, benefits, and alternatives of the procedure. Under the subjective test theory, ___________.

a. the court examines whether the defendant would have chosen the procedure based on how he explains the procedure to the patient

b. the defendant must prove that a “reasonable person” would not have undergone the procedure if he or she had been properly informed

c. the court relies solely on the defendant’s testimony

d. the patient must testify and prove that they would not have consented to the procedure(s) had they been advised of the particular risk in question

19. When applying the objective standard of informed consent, __________.

a. one must take into account the characteristics of the plaintiff, including the plaintiff’s idiosyncrasies, fears, age, medical condition, and religious beliefs

b. the standard to be applied is whether an unreasonable person in the patient’s position would have consented to the procedure or treatment in question if adequately informed of all significant perils

c. the plaintiff’s testimony is the sole factor in determining the issue of informed consent

d. the issue is whether a particular patient would have chosen a different course of treatment

20. Although hospitals are not generally responsible for informing patients as to the risks, benefits, and alternatives to specific procedures, hospitals __________.

a. always have a duty to provide patients with informed consent, especially in complicate surgical cases

b. in some cases owe a duty to provide patients with informed consent.

c. never in any situation never a duty to provide a patient with informed consent

d. must delegate the need for informed consent to the nursing staff

21. When questions arise as to whether adequate consent has been given, some courts take into consideration the information that is ordinarily provided by other physicians. A physician must ___________.

a. reveal to his or her patient such information as a skilled practitioner of good standing would provide under similar circumstance, including the potential of complications

b. disclose to the patient the potential for death associated with a particular procedure

c. disclose the possibility of serious harm associated with a particular procedure

d. disclose the potential complications associated with a proposed procedure

22. Verbal consent ___________.

1. is not as binding as written consent
2. should be in proved in writing with a written agreement
3. is more difficult to corroborate
4. is invalid

23. When a patient is clinically unable to give consent to a lifesaving emergency treatment, the law provides that ___________.

a. consent is not implied on the presumption that a reasonable person would not consent to lifesaving medical interventions

b. when an emergency situation does arise, there may be little opportunity to contact the attending physician, much less a consultant, thus consent is implied

c. the patient’s records must be incomplete with respect to the description of the patient’s illness and condition

d. consent cannot be implied

24. The courts have held, as a general proposition, that the consent of a minor to medical or surgical treatment is

a. effective and the physician need not secure the consent of the minor’s parent

b. not necessary when the minor is married or otherwise emancipated

c. is never effective

d. always valid

25. When a physician doubts a patient’s capacity to consent, ___________.

a. the consent of the legal guardian or next of kin should seldom be obtained when there are no relatives to consult

b. it may be the duty of the court to assume responsibility of guardianship for a patient who is non compos mentis

c. the patient’s best friend should act as the legal guardian

d. any person who is mentally competent can make the decision

26. Adult patients who are conscious and mentally competent ___________.

a. have no right to refuse medical care

b. cannot refuse medical treatment when the best medical opinion deems it essential to life

c. have to obtain a court order to exercise their right to refuse treatment

d. have the legal right to refuse to permit a touching of his or her body

27. The Supreme Court held in ___________ that a competent adult patient has the right to decline any and all forms of medical intervention, including lifesaving or life-prolonging treatment.

a. Davis v. Hoffman

b. Darling v. Charleston Community Hospital

c. Cruzan v. Director, Missouri Dep’t of Health

d. Union Pacific Ry. Co. v. Botsford

28. Defenses available to defendants who have been sued on the basis of failure to provide their patients with sufficient information to make an informed decision include ___________.

a. the risk not disclosed is commonly known and does not warrant disclosure

b. the patient assured the medical practitioner that he or she would undergo the treatment, procedure, or diagnosis but wanted detailed information as to the risks involved

c. the patient assured the medical practitioner that he wanted to be informed of the matters to which he would be entitled to be informed

d. consent by or on behalf of a patient was reasonably possible and should have been discussed in detail

29. Informed consent is ___________.

a. used merely as a tool to avoid lawsuits

b. designed to allow patients to make informed decisions

c. designed to avoid a lawsuit by meeting legal requirements

d. used strictly as a legal protection for the physician for unforeseen mishaps during surgery.

30. The ethical rationale underlying the doctrine of informed consent is ___________.

a. rooted in the notions of speech

b. rooted in the notions of freedom of choice, liberty, and autonomy

c. to protect the basic rights of the patient in order for the patient to make uninformed decisions regarding the course of treatment to which he knowledgeably consents

d. to better involve hospital staff, keeping in mind that the staff always knows what is best for the patient