Deck 7: Intentional and Quasi-Intentional Torts

Question 1

Quasi-intentional torts include all the following except

A) slander.
B) invasion of privacy.
C) battery.
D) breach of confidentiality.

Answer 1

battery.

Question 2

Consent is implied

A) when the patient's life is threatened if the procedure is not performed.
B) when the physician acts in the patient's best interest.
C) when the physician finds other concerns during the course of surgery.
D) during all of these situations.

Answer 2

when the patient's life is threatened if the procedure is not performed.

Question 3

A written statement of defamation is known as

A) slander.
B) assault.
C) libel.
D) negligence.

Answer 3

libel.

Question 4

The statement, "The information is true, but it is information that a person wants to keep private," likely pertains to

A) invasion of privacy.
B) breach of confidentiality.
C) slander.
D) false imprisonment.

Question 5

Which is necessary to help healthcare workers avoid accusations of battery?

A) Informed consent
B) General consent
C) Assumed consent
D) Implied consent

Question 6

As a result of increased use of computers in the healthcare setting, the following was established to decrease the potential for breach of confidentiality:

A) OSHA
B) HIPAA
C) Ethics
D) CMS

Question 7

Which is not among the major intentional torts?

A) Battery
B) Murder
C) Assault
D) False imprisonment

Question 8

Use of a restraint on a nursing home patient who is constantly wandering the halls is an example of

A) slander.
B) assault.
C) abuse.
D) false imprisonment.

Question 9

Placing a person in immediate fear or apprehension of harmful touching without his or her consent is

A) assault.
B) battery.
C) consent.
D) negligence.

Question 10

Which can be transferred?

A) Consent
B) Intent
C) Defamation
D) Torts

Question 11

Which type of tort has at its essence the relationship to or ownership of the thing that causes harm?

A) Intentional torts
B) Quasi-intentional torts
C) Strict liability
D) Negligence

Question 12

Raising a hand to strike a patient, even if the patient was not touched, can be considered

A) assault.
B) battery.
C) libel.
D) abuse.

Question 13

For battery to occur, all of the following conditions must be met except

A) contact occurs.
B) general consent was given.
C) intent to cause contact.
D) contact was harmful.

Question 14

During which surgeries would it be reasonable for a physician to remove the organ mentioned without specific consent?

A) The physician removes an ovary that contains several cysts instead of removing the cysts alone.
B) The physician finds an unexpected blood clot and removes it during heart surgery.
C) The physician removes a uterus that is full of fibroid tumors.
D) The physician notices a sebaceous cyst when removing suspicious moles from the surface of the skin and removes the cyst at the same time.

Question 15

Which would not be considered a tort?

A) Medical malpractice
B) False imprisonment
C) Trespass
D) Theft of narcotics

Question 16

Which would not appear in an institution's policy on use of restraints?

A) Under what circumstances restraints may be used
B) What type of monitoring the patient will require
C) What documentation is adequate to justify use of restraints
D) What type of restraints can be used during a staffing shortage

Question 17

In which situation would a medical facility probably avoid false imprisonment charges?

A) A competent, elderly cancer patient needs surgery and refuses to stay in the hospital.
B) A minor female is held against her parent's will without a court order.
C) A severely intoxicated adult male is held in the hospital emergency department and the physician refuses to release him.
D) A 20-year-old rape victim refuses to press charges to stay at the hospital for treatment.

Question 18

A healthcare professional who believes that an unconscious patient should receive a certain treatment but knows that the patient's religious beliefs prohibit such treatment faces

A) an ethical dilemma.
B) assault.
C) implied consent.
D) battery.

Question 19

Which patient could probably receive a blood transfusion without consent if the physician obtains a court order?

A) A 65-year-old nursing home patient
B) A 20-year-old victim of an industrial accident
C) A 17-year-old female whose parents refuse a transfusion
D) A 42-year-old mentally incompetent patient who has a legal guardian present

Question 20

A person arrives at the emergency department complaining of chest pain. While the doctor is examining the patient, the patient becomes unconscious. The physician performs life-saving measures to treat the patient. The physician determines that the patient needs emergency surgery or will die. The patient is rushed to surgery. This is an example of

A) general consent.
B) ethical dilemma.
C) implied consent.
D) informed consent.

Question 21

Which is not a requirement needed to avoid a false imprisonment charge for an involuntary admission?

A) The statutory provisions for the reason for involuntary commitment exist.
B) All statutory requirements for physician examination have been met in a timely manner.
C) All the patient's rights have been followed.
D) All statutory time limits have been exceeded for holding an individual against his or her will.

Question 22

An example of medical battery is

A) violating a patient's confidentiality.
B) the patient asks you to remove a catheter and you do so.
C) a surgeon removes the wrong organ during a surgery.
D) a physician is placing a cast on a patient, and the physician slips and falls and injures the patient in the process.

Question 23

Documentation for using restraints should include

A) the type of restraint.
B) the patient's attitude about being restrained.
C) the type of monitoring the patient will require.
D) the age of the patient.

Question 24

If a tort is committed

A) an individual brings the case against the state.
B) an individual brings the case against another individual.
C) the state brings the case against an individual.
D) the federal government and the state bring the case against an individual.

Question 25

Committing battery means

A) a person tried to maliciously hurt a person.
B) a person touched another person with his or her consent or legally justifiable reason.
C) touching something in close proximity to a person without his or her consent.
D) All of the options are true.