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MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1 The legal duties of a paramedic are generally set forth by: 1) _______ A) the EMT Oath. B) statutes. C) the Oath of Geneva. D) the National EMS Standards and Instructional Guidelines. B

Legal responsibility for a situation is known as:

2

2) _______ A) primum non nocere. B) ethical responsibility. C) negligence. D) liability. D

Treating all patients and their families with respect is an example of a paramedic's ________ duty.

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3) _______ A) ethical B) medicolegal


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C) liable D) legal A

________ is NOT a matter of civil law.

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4) _______ A) Negligence B) Marriage C) Malpractice D) Battery D

"Case" law and "judge-made" law are other names for ________ law.

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5) _______ A) legislative B) administrative C) common D)


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constitutional C 6 OSHA's development of requirements to be followed at hazardous materials emergencies is an example of ________ law. 6) _______ A) administrative B) legislative C) common D) constitutional A 7 The category of law that deals with issues involving conflicts between two or more parties, such as personal injury cases, contract disputes, and matrimonial issues, is ________ law. 7) _______ A) criminal B) common C) magistrate D) civil D

In a lawsuit in which a paramedic has been charged with negligence, the paramedic is called the:

8


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8) _______ A) plaintiff. B) suspect. C) magistrate. D) defendant. D

Most of the laws affecting EMS and paramedics are ________ laws.

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9) _______ A) municipal B) federal C) state D) common C 1 The granting of permission by a governmental body for a qualified individual to engage in a particular profession or occupation is known as: 10) ______ A) certification.


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B) registration. C) reciprocity. D) licensure. D

Which of the following occurrences is LEAST likely to require mandatory legal reporting by the paramedic?

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11) ______ A) Animal bite from a family pet B) Public intoxication C) Spousal battery D) Accidental gunshot wound B 1 The termination of the paramedic-patient relationship by the paramedic without assurance that an equal or greater level of care will continue is known as: 12) ______ A) misfeasance. B) assault. C) battery.


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D) abandonment. D

A written statement of a patient's preference for future medical care is a(n):

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13) ______ A) patient narrative. B) advance directive. C) deposition. D) power of attorney. B 1 You are treating a patient who you think needs an IV of lactated Ringer's. The patient, however, says he is frightened of needles and refuses to give his consent. If you display the IV catheter and bring it toward the patient, you may be charged with: 14) ______ A) assault. B) libel. C) battery. D) negligence. A


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15) EMT-I Smith came to work feeling very tired and decided to nap before doing his equipment and vehicle checklist. After about 45 minutes, the tones went off, and EMT-I Smith and his EMT-B partner, Jones, were dispatched for a seizure. Smith and Jones's patient was still actively seizing when they arrived at the scene. Smith discovered that the previous shift had used all the Valium and failed to replace it. As a result, Smith could administer no medication to stop the seizure. Ultimately, the patient stopped seizing and suffered no apparent adverse consequences. Which of the following elements to establish negligence is missing in this case? 15) ______ A) Actual damages B) Consent C) Duty to act D) Breach of duty A 1 The principle of law that prohibits the release of medical or other personal information about a patient without the patient's permission is known as: 16) ______ A) confidentiality. B) privilege. C) primum non nocere. D) privacy. A 1 Paramedic Davis and his partner, EMT-I Smothers, are eating lunch in the hospital cafeteria and discussing the call they ran last week on well-known news anchor Adam Best. They discuss in detail the embarrassing circumstances in which Mr. Best found himself after using poor judgment to choose his social companion for the evening. Unbeknownst to Davis and Smothers, Mr. Best's co-anchor, Trisha Thomas, who wants Best fired, is sitting directly behind them, hanging on


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their every word. She tells the station manager what she heard. In response, the station manager fires Best and airs a story on the incident. Which of the following best describes the actions of Davis and Smothers? 17) ______ A) Slander B) Libel C) Breach of confidentiality D) Negligence A 1 Your patient is a 16-year-old male with a reported history of ingesting 8 to 10 beers over the preceding 2 hours. He fell while jumping on a trampoline in a garage, striking his head on the concrete floor. There was no reported loss of consciousness, but the patient has a laceration to the occipital area of the head. The patient is alert and oriented to person, time, and place but fails to show appropriate concern for his injury and has slurred speech. The parents are unavailable. Which of the following is the best course of action? 18) ______ A) Treat the patient under the doctrine of implied consent of the parents. B) Treat the patient as an emancipated minor and allow him to decide whether he wants treatment and transport. C) Use the doctrine of res ipsa loquitur to support your decision to either treat and release or treat and transport. D) Have the patient arrested for underage drinking and obtain the consent of law enforcement to treat the patient. A

A paramedic may treat an unconscious diabetic patient by relying on:

1

19) ______ A) eminent domain. B)


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res ipsa loquitur. C) primum non nocere. D) implied consent. D 2 A document signed by a physician that outlines which life-sustaining measures to take when a patient's heart and respiratory functions have ceased is a: 20) ______ A) power of attorney. B) living will. C) statement of last rites. D) DNR order. D

Which of the following patients is most likely to be considered competent to refuse transport?

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21) ______ A) A 44-year-old female who was found unclothed and fishing in a fountain at the mall B) A 33-year-old female who is alert and oriented but who made a nonlethal suicide attempt by taking 10 diphenhydramine tablets C) A possibly intoxicated 24-year-old male who threatened to break his wife's neck if she tried to leave the house D) A 20-year-old male who is alert and oriented, in no distress, but who states he stopped taking his lithium due to undesirable side effects D 2 Generally, a patient under age 18 can be considered an emancipated minor in all of the following situations EXCEPT


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when the patient is a: 22) ______ A) 16-year-old living in foster care. B) 16-year-old female who is the parent of a 2-year-old child. C) 16-year-old female who is pregnant. D) 17-year-old who is in the military. A 2 A paramedic who transports patients without their consent or other legal authority may be subject to charges of: 23) ______ A) defamation. B) abandonment. C) false imprisonment. D) negligence. C

Injuring a person's name or character through false written statements is known as:

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24) ______ A) libel. B) slander. C) perjury.


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D) misfeasance. A

Injuring a person's name or character through malicious spoken statements is called:

2

25) ______ A) libel. B) malicious negligence. C) slander. D) perjury. C 2 A paramedic performs an intervention on a patient that is contrary to current practices. The patient suffers an injury as a result of that intervention. This is an example of: 26) ______ A) malfeasance. B) misfeasance. C) nonfeasance. D) antifeasance. A 2 An action or inaction by a paramedic that causes or worsens damages suffered by a patient is called the ________ of the


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damages. 27) ______ A) potential agent B) primary cause C) precipitating agent D) proximate cause D

The duties and skills paramedics are allowed and expected to perform while carrying out their jobs are called:

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28) ______ A) the statute of limitations. B) the national standard curriculum. C) the scope of practice. D) standing orders. C 2 The degree of care, skill, and judgment that would be expected of any similarly trained, reasonable paramedic acting under similar circumstances is called the: 29) ______ A) duty to act. B)


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test of prudent actions. C) scope of practice. D) standard of care. D

A civil wrong committed by one individual against another is a:

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30) ______ A) tort. B) misdemeanor. C) breach of duty. D) felony. A

Malfeasance, misfeasance, and nonfeasance are three types of:

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31) ______ A) scope of practice. B) protocol. C) criminal acts. D) breach of duty. D


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3 You have been given medication orders by a physician that you believe will harm your patient. Which of the following should you do? 32) ______ A) Contact a supervisor in the EMS system and request a second opinion. B) Question the physician but carry out the order if the physician insists. C) Carry out the ordered treatment but note your objection in the patient care report. D) Question the physician, refuse to carry out the order if the physician insists you do so, and document the incident. D

The four elements needed to sustain a charge of negligence against a paramedic are:

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33) ______ A) breach of duty, actual damages, malicious intent, and reckless disregard of results. B) breach of duty, violation of EMS codes, proximate cause, and failure to document the action. C) duty to act, actual damages, malicious intent, and significant harm. D) duty to act, breach of that duty, actual damages, and proximate cause. D 3 A patient has been treated by paramedics for a sprained wrist. En route to the hospital, she suffers a stroke. What is the likely outcome of a negligence lawsuit brought by the patient? 34) ______ A) The suit would fail because the plaintiff could not demonstrate that the paramedics' actions were the proximate cause of the stroke. B) The suit would succeed because this was a foreseeable event. C) The suit would succeed because the paramedics had a duty to act and the patient suffered actual damages. D) The suit would fail because the plaintiff failed to demonstrate malice on the part of the plaintiffs.


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A 3 A patient is involved in a car crash. When the paramedics arrive, he complains of neck pain but refuses to let the paramedics immobilize his spine. The paramedics explain the risks of refusing treatment and have the patient sign a release-from-liability form. The patient suffers minor neurological damage and later sues, charging negligence on the part of the paramedics. Which of the following best explains why the patient is not likely to be awarded damages? 35) ______ A) A monetary award cannot be assigned to the damages. B) There was no violation of the standard of care. C) The paramedics did not have a duty to act. D) There was contributory negligence on the part of the patient. D 3 Under which of the following concepts may paramedics be responsible for the negligence of EMT-Bs under their supervision? 36) ______ A) Ex parte responsibility B) Violation of the EMT oath C) The "borrowed servant" doctrine D) Proximate liability C 3 Which of the following is true in the event that off-duty paramedics provide advanced life-support interventions at an emergency scene? 37) ______ A) They have nothing to worry about as long as they have valid paramedic licenses or certificates in the states in which they


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provided care. B) They may be charged with practicing medicine without a license. C) They are protected by Good Samaritan laws in all states. D) They will be granted immunity from negligence as long as they follow the standard of care. B 3 Which of the following is NOT one of the common elements of Good Samaritan laws offering protection to people who assist at scenes of medical emergencies? 38) ______ A) The people were not grossly negligent. B) The people accepted no payment for their services. C) The people acted in good faith. D) The people attempted to contact qualified emergency personnel. D

Which of the following is NOT a valid reason for releasing confidential patient information?

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39) ______ A) The patient's insurance company needs the information for billing purposes. B) A local newspaper reporter promises not to reveal his source. C) The patient's other medical care providers have a need to know. D) A judge signs a court order requesting the information. B 4 The type of consent that must be obtained from a conscious, competent, adult patient before a paramedic can begin treatment is called ________ consent. 40) ______ A)


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ex officio B) voluntary C) informed D) implied C

When a paramedic treats an unconscious patient, the provision of treatment is based on ________ consent.

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41) ______ A) expressed B) res ipsa loquitur C) implied D) primum non nocere C

Which of the following statements about consent is accurate?

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42) ______ A) People cannot be transported against their will unless a first-degree relative (spouse, adult child, parent, or sibling) agrees. B) People cannot be transported against their will unless there is a court order to do so. C) Competent people may not be transported against their will. D) People who are alert and oriented to person, place, and time may not be transported against their will. C


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Which of the following situations MOST clearly involves the patient's consent?

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43) ______ A) Ms. Plummer, who was at first quite agitated, allows Paramedic Phillips to examine her after she was placed in four-point restraints. B) Mr. Brown, who is drowsy but quite pleasant, has been drinking wine for "2 or 3 days," and cannot remember if he is in Nashville or New Orleans, does not object when Paramedic Lacey performs a finger stick to check his blood glucose level. C) Mr. Gage shouts, "No! No! No!" when you try to move him to the cot, but his wife says that "No" is the only thing he can say after his stroke and that he really doesn't mean it. D) Mrs. Davis offers Paramedic Stevens her left arm after he explains to Mrs. Davis that he needs to start an IV to give her medication to relieve the pain from her fractured right humerus. D 4 When a court orders that a prisoner receive treatment the prisoner does not want, the treatment is based on ________ consent. 44) ______ A) ex parte B) expressed C) involuntary D) proximate C 4 You are called to a scene for a report of "an unconscious man." When you arrive at the scene, the patient is conscious and alert, sitting on the front stairs with neighbors around him. He says he doesn't know what happened but is, "Okay now, just a little woozy." You ask if you can assess him, but he refuses. You make several attempts to get him to change his mind, pointing out possible causes of the problem and possible consequences of refusing. He still says no, and you ask the neighbors if they can help the patient change his mind. Finally, you get the patient to sign a release from liability form and have it witnessed by one of the neighbors. As you leave, you document the call and your efforts to convince the


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patient to accept assessment/care. What else should you have done with this patient before leaving the scene? 45) ______ A) Urged the patient's neighbors to stay with him B) Consulted with medical direction online C) Advised the patient that he could call EMS again if the problem recurs D) All of the above D 4 Your patient is a competent adult who has given permission for treatment and transport. You have loaded the patient into the ambulance, but just before you are ready to leave the scene, she changes her mind and says she does not want to go to the hospital. Which of the following statements about this situation is true? 46) ______ A) She cannot withdraw consent after having given it. B) She can now be treated using implied consent. C) You must obtain an emergency detention order to continue treatment. D) She can withdraw consent, but you must explain her condition and the possible consequences of refusing treatment and transport. D

In general, selection of a health-care facility destination should be based on: 47) ______ A) whether the patient is insured or whether the patient's insurance will pay for care at that facility. B) distance and paramedic's preference. C) the facility's request to accept only certain types of patients (e.g., not intoxicated, ability to pay). D) patient request, patient need, and facility capability. D

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48) Which of the following is best described as the unlawful touching of another individual without the individual's consent? 48) ______ A) Malpractice B) Battery C) Assault D) Negligence B 4 When faced with unruly or violent patients who pose threats to themselves, paramedics, or others, the paramedic may control the patients by: 49) ______ A) causing disabling injuries. B) using pepper spray in the back of the ambulance. C) placing the patients in handcuffs. D) using reasonable force. D

DNR orders, durable powers of attorney, and living wills are forms of:

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50) ______ A) protocols. B) standards of care.


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C) medical orders. D) advance directives. D

When a patient care report is found to be incomplete or inaccurate, the paramedic should:

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51) ______ A) file a complete new report with the correct information. B) add a dated and signed written addendum to the original report. C) erase or white out the incorrect information and write in the correct facts. D) cross out the incorrect information so that it cannot be read and add the correct information to the bottom of the report, dating and signing it. B 5 You have responded to a physician's office for a terminal cancer patient in cardiac arrest. The physician says, "This is a chemical code only. Just give the meds, but don't intubate or do CPR." Which of the following should you do? 52) ______ A) Tell the physician you cannot comply with her orders under any circumstances and that you are going to be filing a report with the state medical licensing board about her negligence in this case. B) Tell the physician that because she called for an ambulance, you are bound to treat the patient according to the medical direction for the EMS service. If the physician would like you to do something different, she must speak with your medical control physician, accompany you to the hospital, and take complete responsibility for patient care. C) Comply with her orders on the scene to avoid a confrontation, but initiate appropriate care once you are in the back of the ambulance. D) Because this is the patient's personal physician, you must comply with her orders. B 5 When a party in a lawsuit is dissatisfied with the outcome and wants to have the case heard by a higher court, the case will go to a(n) ________ court. 53)


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______ A) federal B) appellate C) administrative D) trial B 5 Which of the following laws is designed to allow the paramedic who has potentially been exposed to an infectious disease access to the medical records of the patient to whom the paramedic was exposed? 54) ______ A) HIPAA B) Good Samaritan Laws C) The Ryan White CARE Act D) EMTALA C

Which of the following about civil suits regarding torts is true?

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55) ______ A) The outcome is decided in favor of whichever party the jury perceives is more likely to be telling the truth or the party that has the more compelling evidence. B) Guilt must be proven beyond a shadow of a reasonable doubt. C)


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The burden of proof generally rests on the defendant. D) Intent to harm must be proven. A 5 Your patient is a 45-year-old male with a history of bipolar disorder. He is sitting at the kitchen table, conscious, alert, and oriented. He is pleasant and greets you as you walk in. The patient's wife called EMS because he has refused to take his lithium and is "driving her crazy with his hyperactive attitude." She insists that you transport him to the hospital. The patient admits to voluntary noncompliance with his lithium, stating "I didn't like the way it made me feel." He denies any suicidal thoughts and states that he has not felt "this good for a long time." He is curious about your job and wants to know how he could get into a paramedic class. He states that he's also thinking about going to law school but wants to finish his PhD first. The physical examination is unremarkable, and HR = 82, BP = 122/80, RR = 10, SaO2 = 99%. He says, "See, I told you I'm fine. I don't need to go to the hospital." Which of the following is the best course of action? 56) ______ A) Restrain the patient if necessary and transport. B) Explain to the wife that you cannot force the patient to go to the hospital and that if he refuses you must have him sign a refusal of service form and leave. C) Request police backup, restrain the patient, and transport to the ED for evaluation. D) Explain to the patient that he has no choice. If he is unwilling to take his medication, you must take him to the hospital for evaluation. B

1)

B 2) D 3) A 4) D 5) C 6) A 7) D 8) D 9) C 10)


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D 11) B 12) D 13) B 14) A 15) A 16) A 17) A 18) A 19) D 20) D 21) D 22) A 23) C 24) A 25) C 26) A 27) D 28) C 29) D 30) A 31) D 32) D 33) D 34) A 35) D


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36) C 37) B 38) D 39) B 40) C 41) C 42) C 43) D 44) C 45) D 46) D 47) D 48) B 49) D 50) D 51) B 52) B 53) B 54) C 55) A 56) B


Test bank essentials of paramedic care update 2nd edition bledsoe