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SEE NCE Boards CoreConcepts > LEGAL and ETHICS > Flashcards

LEGAL and ETHICS Flashcards

1
Q

The AANA code of ethics mandates that nurse anesthetists accept the responsibilities conferred upon them by the

A

state, the profession, and society.

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2
Q

If a nurse anesthetist’s personal convictions conflict with the patient’s right to have a procedure performed, they should

A

withdraw from the case so long as no harm is done to the patient and no breach of duty occurs.

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3
Q

According to the AANA code of ethics, a nurse anesthetist can use his/her credentials to endorse a product

A

As long as the endorsement is fact-based

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4
Q

According to the AANA code of ethics, who is responsible for verifying that a valid anesthesia informed consent form has been obtained for your patient?

A

the CRNA performing the case

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5
Q

According to the AANA code of ethics, a CRNA has a duty to maintain practice competency by

A
  • engaging in continuous quality improvement activities, - - - engaging in lifelong educational activities related to the profession
  • maintaining a state nursing licensure
  • fulfilling any and all advanced practice requirement
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6
Q

According to the AANA code of ethics, a CRNA has a duty to maintain practice competency by

A
  • engaging in continuous quality improvement activities, - - engaging in lifelong educational activities related to the profession
  • maintaining a state nursing licensure
  • fulfilling any and all advanced practice requirement
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7
Q

A nurse anesthetist administered a drug by physician’s order that was found to be an erroneous dose that caused harm to the patient. Which of the following would relieve the anesthetist of the burden of ethical responsibility?

A

Physician orders and institutional policies do not relieve the burden of responsibility of the CRNA. SO NOTHING can relieve the anesthetist of the burden of ethical responsibility

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8
Q

You suspect that a colleague about to induce anesthesia on a patient is chemically impaired. Which initial intervention would be appropriate?

A

Delay the case until another CRNA is available

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9
Q

A CRNA has been found to be chemically-impaired during the induction of anesthesia. Who ultimately holds responsibility for determining that he or she was fit for duty?

A

The impaired CRNA

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10
Q

According to the AANA code of ethics, the CRNA is responsible and accountable for his or her actions. This includes

A

self-awareness and the determination of fitness for duty.

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11
Q

A nurse anesthetist intends to use their professional credentials to endorse a product. The CRNA would be in jeopardy of an ethics violation for endorsing

A

A fat reducing indoor grill

CRNAs cannot indorse a NON-ANESTHESIA PRODUCT

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12
Q

Under what law is an advance directive governed?

A

State Law

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13
Q

May vary from one state to another is

A

Specifics of advance directives vary from state-to-state, so it is important to be familiar with the laws in the state where you practice.

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14
Q

Which is 3 documents give one person the right to make medical decisions on behalf of a person who is incapable of making the decisions for themself?

A

Durable power of attorney
Medical power of attorney
Healthcare power of attorney

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15
Q

Advance directives for patients undergoing anesthesia are typically

A

suspended temporarily and resumed after the postoperative period

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16
Q

A CRNA has the right to conscientious objection, which means that they can

A

refuse to participate in a case if the patient’s advance directive violates their moral, ethical, or other beliefs so long as it doesn’t place the patient at risk for harm or constitute a breach of duty.

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17
Q

For a CRNA refusing to participate in the care of a patient, If another qualified practitioner is available, then they should perform the case. If no one else is available and the procedure has not been deemed medically unnecessary or inappropriate, then the CRNA should

A

honor the wishes of the patient and perform the case.

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18
Q

You have an objection to a patient’s advance directive (AD). According to federal law, you should clearly explain your objection to the patient and

A

identify the state law on which your objection is based

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19
Q

Which of the following is necessary to document regarding a patient’s advance directive decisions prior to initiating an anesthetic?

A

document the date and time of the conversation, the people present during the conversation, a summary of the anesthesia plan, the interventions to be withheld or applied, the duration of time the advanced directive is to be suspended, and the conditions under which the directive will be reinstated.

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20
Q

A nurse anesthetist refuses to acknowledge the advance directive of a patient, performs CPR, and successfully resuscitates the patient. According to most state laws, the CRNA

A

could be guilty of battery

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21
Q

What law requires facilities participating in Medicare and Medicaid to inform a patient of their rights concerning advance directives?

A

The Patient Self Determination Act of 1991

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22
Q

During a procedure, a CRNA objects to performing it because they realize the patient’s advance directive (AD) violates their personal, ethical values. No other anesthesia provider is available to perform the case. The CRNA should

A

Complete the case to avoid a breach of duty and possible harm to the patient. The CRNA should also have been fully aware of the patient’s advance directive before the case began.

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23
Q

A healthcare provider refuses to participate in a case because the advance directive of a patient violates their personal moral code. This is referred to as

A

Conscientious objection

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24
Q

A CRNA has the right to conscientious objection, which means that they can r

A

Refuse to participate in a case if the patient’s advance directive violates their moral, ethical, or other beliefs so long as it doesn’t place the patient at risk for harm or constitute a breach of duty.

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25
Q

Which advance directive measure refers to the use of medications to decrease awareness to alleviate pain or discomfort at the end of life?

A

palliative sedation

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26
Q

A crucial characteristic of a No Blood or Blood Products order is that it

A

A No Blood or Blood Products order must be re-ordered and signed by an authorized healthcare provider every time the patient enters the facility.

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27
Q

The advance directive term for a patient for whom all appropriate resuscitative measures should be employed in the event of an emergency is

A

Full code

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28
Q

A patient has no advance directive. During an emergency situation, the patient becomes confused and agitated. He states he wants to be left alone to die immediately prior to collapsing in cardiac arrest. You should

A

perform CPR immediately and call for assistance

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29
Q

According to the AANA, institutional policies regarding advance directives (ADs) for patients undergoing anesthesia should be oriented towards

A

suspending the AD until a specified time postop

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30
Q

Which would be the most important facet of preventing confusion and miscommunication when discussing an incapacitated patient’s advance directive status during the perioperative interview?

A

identify the legal decision maker early

31
Q

A CRNA is involved in a lawsuit. The plaintiff’s attorney will call expert witnesses to testify against the CRNA. Who can testify on the standard of care for nurse anesthetists?

A

Only nurse anesthetists

32
Q

Which person would be most qualified to testify as an expert witness for a CRNA in a neuroanesthesia case?

A

Only nurse anesthetists can testify on the nurse anesthesia standard of care.

33
Q

You are asked to give expert testimony in a malpractice case on behalf of a nurse anesthetist. The fees you charge should be based upon

A

Base on time spent preparing for the testimony

34
Q

A CRNA sends a text message on his personal cell phone to another CRNA asking if Mr. Jones in operating room 6 is doing well during his prostatectomy. This text message

A

could lead to civil liability

35
Q

Protected health information is defined as any information relating to the past, present, or future mental or physical health of a person, or gives enough information that could reveal an individual’s identity, such as

A

name, birth date, address, or demographic data.

36
Q

What law established regulations protecting patient privacy by defining how protected health information is used and who can use it?

A

The Health Insurance Portability and Accountability Act (HIPAA)

37
Q

The Health Insurance Portability and Accountability Act of ______established regulations protecting patient privacy by defining how protected health information is used, the circumstances in which it can be used, and who can use it.

A

1996

38
Q

A CRNA wishes to perform pain blocks at his facility. Which of the following is NOT true when considering adding a new activity to the scope of practice?

A

The activity must be specifically listed within the AANA Scope of Practice

39
Q

A CRNA will be adding a new procedure to their scope of practice at their facility. They have secured privileges, demonstrated competence, and ensured they are within state and federal guidelines. What should they do before performing the procedure?

A

Contact their liability carrier

40
Q

The substantial factor test is a component of which of the four elements of assignment of malpractice?

A

Causation

41
Q

In malpractice cases, there are two common tests performed to determine whether the breach of duty was the cause of the patient’s injury. What are the 2 tests?

A
  1. “but for” test
  2. if the action or inaction of the anesthetist was a SUBSTANTIAL FACTOR In the injury. These two test are components of the determination of causation.
42
Q

The first test is the ‘but for’ test which states that

A

if the injury would not have occurred ‘but for the action of the anesthetist’ then the anesthetist is liable for the damages.

43
Q

In malpractice cases, The second test states that if the action

A

(or inaction) of the anesthetist was a ‘substantial factor in the injury’ then the anesthetist is liable for the damages.

44
Q

The key difference between expert witnesses and other witnesses called to appear before the court in a malpractice trial is that

A

expert witnesses may express their opinion rather than fact can therefore testify speculation rather than fact.

45
Q

Failure to monitor the oxygen saturation of a patient during a general anesthetic for a patient who suffered anoxic brain injury during the surgery would be an example of

A

Breach of Duty

46
Q

Failure to obtain informed consent prior to anesthesia would be an example of

A

breach of duty

47
Q

The nine year-old child of a Jehovah’s Witness has presented for surgery for repair of a tear in the abdominal aorta following an automobile collision. The patient is hypotensive and the hematocrit is 21%. The patient’s parents state that the child is not to receive blood products under any circumstances. Which of the following actions would represent an understanding of the current legal standards on this matter?

A

Administering blood products as needed to the patient. Although the legal system allows an adult to martyr themselves for their religious beliefs, no court has upheld the decision of a parent to martyr their child. In an emergency situation, blood should be administered as needed to the patient to ensure their safety.

48
Q

A written document that notifies a party that a lawsuit has been filed against them is a(n)

A

summons and complaint

49
Q

A summons and complaint is a

A

written document delivered to a party in person or by certified mail that notifies them that a legal complaint has been filed against them.

50
Q

An indictment is a

A

formal written accusation by a grand jury

51
Q

Replevin is a

A

lawsuit to recover goods improperly taken by another

52
Q

A writ of mandamus is an

A

order by a court to force a party to commence some required action.

53
Q

A patient claims to suffer an injury due to an anesthetic and is out of work for six weeks due to the injury. He files a lawsuit to recover his lost wages. In this instance, he is suing for

A

Special damages

54
Q

Three types of damages may be sought for in a civil lawsuit:

A

General damages
Special damages
Punitive damages.

55
Q

General damages result directly from the.

A

injury and include reimbursement for pain and suffering

56
Q

Special damages occur as a result of the

A

injury, such as lost wages, medical expenses, and funeral expenses.

57
Q

Punitive damages are

A

rare in medical malpractice cases, but are intended to punish the wrongdoer for the negligence that led to the damage to the plaintiff.

58
Q

The most common anesthesia-related malpractice insurance claim is related to

A

Dental injury

59
Q

Most commonly affected for dental injury are

A

The central incisors are the most commonly affected. In addition to cosmetic damage, there is a risk of pulmonary aspiration of chipped or broken pieces of teeth that may fall into the airway.

60
Q

What legal doctrine is established when an anesthesia provider signs onto an anesthesia record to give a co-worker a break?

A

Duty

61
Q

Duty is one of the four elements that must be proved in a malpractice case along with

A

breach of duty, causation, and damages.

62
Q

Res ipsa loquitor meaning

A

(the thing speaks for itself) refers to an event that would not have occurred ‘but for the actions of the defendant’.

63
Q

Which of the following terms describes a civil wrongdoing?

A

A tort is a civil wrongdoing. It is not necessarily a criminal act, but an act that involves damages inflicted by one person on another.

64
Q

The legal concept that describes a situation where an outcome was foreseeable before the event took place is

A

Proximate cause

65
Q

Damages awarded to the plaintiff in a malpractice case that are designed to punish the defendant for negligent actions are referred to as

A

Damages awarded to a plaintiff to punish a defendant for negligent actions are referred to as PUNITIVE damages. They usually involve extraordinary monetary awards and draw public attention to the negligence of the defendant.

66
Q

You are served a legal complaint indicating that you are being sued for injury to a patient. The first thing you should do is

A

Notify your liability carrier

67
Q

The body of law created by a legislature to achieve a specific purpose is known as

A

Statutory law is the body of law created by a legislature to achieve a specific purpose.

68
Q

Statutory law is the body of law created by a

A

legislature to achieve a specific purpose.

69
Q

When a law requires interpretation or when two laws are in disagreement, a judge must make a ruling on the specific case. This is known as

A

Case law or common law

70
Q

Rules that are created by agencies that are given the task of applying a law.

A

Regulations are

71
Q

An attempt to touch a person without their consent, even if no harm is caused, is referred to as

A

assault

72
Q

Assault is the

A

attempt to touch another person.

73
Q

Battery is the

A

actual touching of a person without their consent

74
Q

Does not have to be caused in cases of assault or battery.

A

Harm

SEE NCE Boards CoreConcepts (44 decks)

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