Deck 6: Law

Question 1

If a competent patient refused treatment, but this treatment was given anyway, his cause of action would be:

A) battery
B) negligence
C) false imprisonment
D) defamation

Answer 1

A

Question 2

If a patient lacked capacity to make decisions regarding his/her treatment, the healthcare professionals would be justified in providing this treatment as long as:

A) the relatives of the patient gave their consent
B) the treatment was in the patient's best interests
C) the treatment was the cheapest available option
D) the patient's spiritual adviser agreed with the treatment

Answer 2

B

Question 3

The test of competence can be found in which of the following sections of the Mental Capacity Act 2005?

A) Section 1
B) Section 2
C) Section 3
D) Section 4

Answer 3

C

Question 4

Which of the following statements must apply if an Advance Decision to refuse treatment is considered legally valid?

A) The patient must have been at least 12 years old when the Advance Decision was made.
B) The Advance Decision must only relate to treatment of a terminal illness.
C) The relatives of the patient must counter-sign the Advance Decision to denote that they are in agreement with it.
D) There must be no suspicion that the patient made the Advance Decision while under any form of duress or undue influence.

Question 5

A patient has gained access to his medical notes and sees that some information recorded about him is incorrect. Which of the following statutes could he invoke to ensure that this error is corrected?

A) Data Protection Act 1998
B) Human Rights Act 1998
C) NHS Act 1997
D) NHS Redress Act 2006

Question 6

Which of the following sections of the Mental Health Act 1983 (amended by the Mental Health Act 2007) authorizes detention of a patient for treatment?

A) Section 2
B) Section 3
C) Section 136
D) Section 171

Question 7

A person who brings an action in Negligence is known as the:

A) Defendant
B) Appellant
C) Claimant
D) Respondent

Question 8

The law that has been derived from cases and made by judges is known as:

A) Common law
B) Statute
C) Contract law
D) Tort law

Question 9

Under which of the following circumstances would you owe a legal duty of care?

A) A neighbour rings you one evening to ask for some healthcare advice.
B) You notice an accident between two vehicles on the other side of the road.
C) A visitor to the hospital collapses at a nearby bus stop.
D) A patient on your ward has inadvertently pulled out his IV cannula and is bleeding.

Question 10

In which of the following situations is it most likely that compensation will be awarded for negligence?

A) A patient has been given the wrong drug but has not suffered any adverse effects.
B) A patient has been given the correct prescribed medication but suffers an unexpected allergic reaction.
C) A patient has been given the correct prescribed medication, but it interacts with another medicine that they are taking and causes serious adverse effects.
D) A patient has been given the correct prescribed medication, but they have smuggled into the hospital some illicit drugs. Upon taking these, they interact with the prescribed medication and cause serious adverse effects.

Question 11

The professional standard of reasonableness is known as the ___________ Test.

Question 12

What is the most likely cause of action for a patient who has been harmed by the incompetent actions of a healthcare professional?

Question 13

The law which has been created and enacted by Parliament is known as __________ law.

Question 14

By what name is the system of redress known when a patient suffers harm as a result of negligence?

Question 15

The burden of proof in a negligence claim lies with the ____________ .

Question 16

The major piece of legislation covering the consent of adults who are unable to make their own decisions is the Mental ____________ Act 2005.

Question 17

The conferral of decision-making authority onto a named representative is known as a Lasting Power of ________________ .

Question 18

What is the name given to the principle whereby patient information is released only to those who have a legitimate right of access to it?

Question 19

The legislation which recognises a personal right to privacy is known as the Human __________ Act 1998.

Question 20

A child below the age of 16 may be able to give consent to treatment on his/her own behalf provided that s/he is _____________ competent.

Question 21

When a court states that healthcare professionals cannot withhold treatment form a patient in order to shorten his/her life, it is upholding the principle of the ___________ of life.

Question 22

A person whose role is to help incapacitated people who face important decisions about serious medical treatment is known as an Independent Mental Capacity _____________.

Question 23

Section 2 of the Mental Health Act authorises detention of a patient for what purpose?

Question 24

A qualified nurse who had breached patient confidentiality without good reason would be practising in conflict with the Nursing and Midwifery Council's Code of Professional ____________.

Question 25

The principle by which an employer accepts legal responsibility for the actions of its employees is known as ________________ liability.