Exam 5

Question 1

Which of the following are the elements that must be presented by a physician in order to provide the basis for valid “informed consent” of a patient for treatment?

Answer 1

Risks, Benefits and Alternatives

Question 2

The “Florida Patient Bill of Rights” provides Floridians a cause of action against a hospital administrator for refusal to provide emergency medical services

Answer 2

false

Question 3

A hospital administrator may be sued, personally, for directing or allowing a physician or nurse to refuse to provide emergency medical services to a person

Answer 3

true

Question 4

A provider of medical services may be criminally prosecuted for failure to act in accordance with the “Florida Patient Bill of Rights”

Answer 4

false

Question 5

A durable power of attorney remains valid for 24 hours after the death of the principal

Answer 5

false

Question 6

a durable power of attorney with specific provisions for healthcare allows an attorney in fact to decide to discontinue life sustaining treatment of the principal in spite of the fact that the document states the principal’s instructions to continue to maintain life support

Answer 6

false

Question 7

Before exercising the incapacitated patient’s rights regarding health care, the proxy must comply with the provisions of the statute that sets out what a surrogate must do in making decisions for the principal

Answer 7

True

Question 8

A healthcare proxy is a person not expressly designated by the patient, either verbally or in writing, to make healthcare decisions for the patient in the event of the patient’s incompetence

Answer 8

true

Question 9

In Florida, a married patient’s spouse is always first in order of priority to act as healthcare proxy when the patient has not designated a surrogate

Answer 9

false

Question 10

The signatures required for a power of attorney to be valid and enforceable are: the principals’ signature, a notary public’s signature and two witness’s signatures

Answer 10

true

Question 11

Three signatures are all that are required for a power of attorney to be valid

Answer 11

false

Question 12

A ‘surrogate’ is the term that describes a person who is not expressly designated to make decisions on behalf of the principal when the principal is incompetent to make decisions regarding his or her health

Answer 12

false

Question 13

Medical records are the property of the healthcare provider & must be kept for the benefit of the patient

Answer 13

true

Question 14

A physician may require a patient to pay all of their medical bills as a condition of access to, or copies of, the patient’s medical records

Answer 14

false

Question 15

A spouse has the rights to obtain information from, or copies of, a patient’s medical records, based solely upon the fact of marriage

Answer 15

false

Question 16

Consent for treatment may not be given by an affirmative nod of the head by the patient

Answer 16

false

Question 17

A medical treatment or procedure, where the patient is touched, and which is preformed without the consent of the patient can be the basis for a claim of battery by the patient

Answer 17

true

Question 18

A patient’s consent, which is recorded in writing, will be considered valid on it’s face, but subject to evidence that the patient did not in fact sign the document, or understand, the information provided in order to obtain consent

Answer 18

true

Question 19

A physician may be subject to legal liability for negligence, among other things, if the physician discontinues treating a patient after the patient demands that the physician stop that treatment & the patient suffers injury which is caused from the withdrawal of treatment

Answer 19

false

Question 20

If a physician does not report to the appropriate state health authority a sexually transmitted disease of a patient that he/she has treated, that physician may be subject to disciplinary action by the state physician licensing authority

Answer 20

true

Question 21

Consent for treatment of an unconscious patient by a physician in an emergency situation is known as:

Answer 21

implied consent

Question 22

A patients medical records may be furnished to, and the medical conditions of a patient may be discussed with, any person who is related to the patient, the patient’s legal representative, or other health care practitioners & providers involved in the patient’s care or treatment, with or without, written authorization from the patient

Answer 22

false

Question 23

Generally, a hospital is required to obtain consent from a patient for the patient to have an operation in the hospital, just the same as a physician is required to obtain the consent

Answer 23

false

Question 24

Verbal authorization from a patient to the owner of the patient’s medical records is not sufficient for the owner of those records to divulge the records contents to a person designated by the patient

Answer 24

true

Question 25

What is the minimum age of the person who may act as the attorney-in-fact for the principal under a power of attorney

Answer 25

18

Question 26

A “will”, also called a “testimony will”, is a legally enforceable means for a person to include directions for the provision of healthcare decisions

Answer 26

false

Question 27

A “right” is a claim of one person against another, based on the fact that the one person has a fundamental & well-founded belief that he/she has legally enforceable claim that the other shall do a given act, or shall not do a given act

Answer 27

false

Question 28

A psychiatrist’s notes of the examination of a patient are subject to release by the psychiatrists at written request of the patient if the notes are maintained in the same file as all other health information maintained by the psychiatrist regarding the patient

Answer 28

false

Question 29

Implied consent is determined by some act or silence of a conscious but insolent patient which raises a presumption that consent has been authorized

Answer 29

false

Question 30

A competent adult patient has the right to refuse medical treatment even if the result of such refusal is the death of the adult patient

Answer 30

true

Question 31

If a detective from the Florida Department of Law Enforcement comes into your office & demands to see the health records of a patient being treated at your hospital, you are required to provide that detective what he demands

Answer 31

false

Question 32

If a detective from the Florida Department of Law Enforcement comes into your office & demands that you tell him what a doctor & patient at your clinic discussed while the doctor was treating the patient, you are required to immediately provide that detective what he demands

Answer 32

false

Question 33

Even if a doctor doesn’t discuss a patient’s health insurance information with the patient, is that health insurance information subject to the statutory medical records privacy law that we have studied. Answer “true” if you say yes. Answer “false” if you say no.

Answer 33

true

Question 34

May an attorney in fact under a durable power of attorney with no provisions for healthcare, sign a do-not-resuscitate order for the principal? Answer “true” if you say yes. Answer “false” if you say no.

Answer 34

false

Question 35

incapacity

Answer 35

Patient is physically or mentally unable to communicate a health care decision

Question 36

Life/Competent Will

Answer 36

• Durable POA
• Power of attorney

Question 37

Incompetent Will

Answer 37

• Durable POA
• Health care surrogate
• Living will
• DNRO

Question 38

Death

Answer 38

• Testamentary will
  o When you’re dead
  o Express intent when you cant
  o Disposing of access after your death
  o Has no effect on health

Question 39

The signatures required for a Power of Attorney to be valid and enforceable are: the principals’ signature, a notary public’s signature, and the signature of a witness.

Answer 39

false

Question 40

A Durable Power-of-Attorney, With Provisions for Health Care Decisions, gives the Attorney-In-Fact the authority to control what health care is received by the patient when the patient is competent and does not consent to the treatment, based on the legal assumption that if principal didn’t trust the Attorney-In-Fact to make decisions regarding the patient’s health care, the principal wouldn’t have named the Attorney-In-Fact in the Durable Power-of-Attorney, With Provisions for Health Care Decisions in the first place.

Answer 40

false

Question 41

A ____________ is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities.

Answer 41

guardian

Question 42

A Power of Attorney that provides that the Attorney-in-Fact can do anything that the principal could do if the principle were present is a valid delegation of authority and creates a viable power of attorney.

Answer 42

false