Law of Medicine - LEK Flashcards
(256 cards)
Is the doctor obliged to report to the police an attempt to kill a man if they obtained this information during a medical examination?
A. doctor never has such an obligation.
B. reporting a patient is a matter of choice not duty.
C. doctor in this kind of situation is obliged to inform the Medical Chamber.
D. law does not address such issues.
E. doctor is obliged to do so because the matter concerns an activity that is forbidden by Art. 240 § 1 of the Penal Code.
Answer: E. doctor is obliged to do so because the matter concerns an activity that is forbidden by Art. 240 § 1 of the Penal Code.
Explanation: According to the Medical Law, the doctor is obliged to report any cases of attempted murder of which s/he become aware during a medical examination to the police as it is forbidden by Art. 240 § 1 of the Penal Code. Furthermore, the Polish Code of Professional Ethics requires doctors to promptly notify the police if they have knowledge of a patient’s criminal act. Therefore, Answer E is correct.
Answer A is incorrect because the doctor does have such an obligation.
Answer B is incorrect because reporting a patient is not a matter of choice; it is a mandatory requirement.
Answer C is incorrect because the doctor is obliged to report the matter to the police and not the Medical Chamber.
Answer D is incorrect because the law does address such issues and the doctor is obliged to report any cases of attempted murder of which s/he become aware during a medical examination to the police.
A patient dissatisfied with the way he has been treated demands the doctor hold a consultation. The patient, other doctors, a priest and a homeopath healer who has been “curing” the patient’s family for years should take part in the consultation. According to the Code of Medical Ethics the doctor should:
A. agree to the patient’s demand.
B. hold the consultation without a priest.
C. hold the consultation without the healer.
D. hold the consultation without the healer and a priest.
E. refuse to hold such a consultation.
D. hold the consultation without the healer and a priest.
According to the Code of Medical Ethics in Poland, a patient is the ultimate authority when it comes to the care they receive, including the right to choose the professionals they would like to consult. However, “It is not in the patient’s best interest to accept the advice of a healer who has not been licensed by the appropriate authority.” Therefore, the doctor should not hold the consultation with the healer and the priest. Sources:
- Textbook of Polish Medical Law: https://centrumprawapacjenta.pl/uroczy-kodeks-etyki-lekarskiej
- The World Health Organization: https://www.who.int/ethics/policy/consumer_protection_doc/en/
A contract of employment in the hospital has been offered to a doctor. The employment is based on the co-called equivalent work time. This means that:
1) standard daily working time can be increased up to 12 hours;
2) standard daily working time can be increased up to 18 hours;
3) standard weekly working time is increased to 48 hours;
4) basically the time calculation period is shortened to 1 month;
5) basically the time calculation period is prolonged to 6 months.
The correct answer is:
A. 1,3.
B. 2,4.
C. 3,5.
D. 2,5.
E. 1,4.
The correct answer is E. 1, 4.
According to the Polish Act on Protection of Certain Categories of Employed Persons, the equivalent work time allows for the standard daily working time to be increased up to 12 hours and for the time calculation period to be shortened to 1 month. Article 160 of the Act states that “The period for calculating the number of hours worked by an employee may last no longer than one month unless otherwise specified in this Act.” Article 161 also states that “In the cases specified in this Act concerning certain categories of employees, the maximum number of hours worked in one day may not exceed twelve hours.” Therefore, standard daily working time can be increased up to 12 hours and the time calculation period can be shortened to 1 month.
The other options are incorrect because they do not conform to the Polish Act on Protection of Certain Categories of Employed Persons. Standard daily working time cannot be increased up to 18 hours, standard weekly working time cannot be increased to 48 hours and the time calculation period cannot be prolonged to 6 months.
A pregnant woman had previously given birth to a child with hypochondroplasia, a genetic disease manifesting itself in dwarfism combined with joint and bone deformities. Fearing that this disease will occur in another child, she was referred by a gynecologist to a consultation clinic for women with high-risk pregnancies where she asked the physician for a referral to prenatal testing. The physician refused. Was that decision justified?
A. yes, because the physician assumed that once this genetic disease is confirmed, the woman would terminate the pregnancy.
B. yes, because the physician acknowledged that in order to exercise their professional freedom they were entitled to refuse to do so.
C. no, because physician’s refusal to refer the patient violated the patient’s right to information and medical services.
D. no, because prenatal testing is compulsory for pregnant women.
E. yes, because patient’s wish is not a sufficient reason to refer her to prenatal testing.
C. no, because physician’s refusal to refer the patient violated the patient’s right to information and medical services.
According to Polish Medical Law, a patient has a right to all available information related to the diagnosis, treatment and potential consequences of their condition. This includes all information related to potential genetic disorders, such as high-risk pregnancies. Therefore, the physician’s refusal to refer the patient to prenatal testing violated the patient’s right to information and medical services. Other answers are incorrect for this reason.
Is the doctor allowed to reject or discontinue the treatment of the patient?
A. yes, in exceptional cases, and they have to inform the patient about the possibility to receive help elsewhere.
B. no, it is the doctor’s duty to always help the patient.
C. they are allowed to do that after obtaining their head of hospital department’s consent.
D. They are allowed to do that after obtaining their hospital director’s consent.
E. regulations do not cover this matter.
A. yes, in exceptional cases, and they have to inform the patient about the possibility to receive help elsewhere.
This is the correct answer. According to Article 32(1) of the Act on Patient’s Rights, a doctor is allowed to reject or discontinue the treatment of a patient, in exceptional cases and if they inform the patient about the possibility to receive help elsewhere.
B. no, it is the doctor’s duty to always help the patient.
This is incorrect. While it is generally a doctor’s duty to help their patient, there are certain circumstances in which the doctor is allowed to reject or discontinue the treatment of a patient.
C. they are allowed to do that after obtaining their head of hospital department’s consent.
This is incorrect. The doctor is allowed to reject or discontinue the treatment of a patient after informing the patient about the possibility to receive help elsewhere, but there is no requirement for the doctor to obtain consent from the head of the hospital department before doing so.
D. They are allowed to do that after obtaining their hospital director’s consent.
This is incorrect. The doctor is allowed to reject or discontinue the treatment of a patient after informing the patient about the possibility to receive help elsewhere, but there is no requirement for the doctor to obtain consent from the hospital director before doing so.
E. regulations do not cover this matter.
This is incorrect. Regulations do cover this matter; the doctor is allowed to reject or discontinue the treatment of a patient in exceptional cases and after informing the patient about the possibility to receive help elsewhere.
In accordance with the Act of 5 December 2008 on preventing and combating infections and infectious diseases in humans, a Canadian citizen while in Poland is exempted from the obligation to undergo protective vaccinations (except post-exposure vaccinations) if their length of stay is not longer than:
A. 1 month.
B. 2 months.
C. 3 months.
D. 4 months.
E. 6 months.
C. 3 months.
A doctor can issue the death certificate:
1) on the basis of their own tests and conclusions;
2) on the basis of the documentation of post-mortem examination made by another doctor;
3) on the basis of the patient’s medical documentation made before their death.
4) only after autopsy;
5) on the basis of the information obtained from the deceased’s close persons.
The correct answer is:
A. 1,2.
B. 2,3.
C. only 4.
D. 3,5.
E. only 5.
A. 1, 2.
What measures should the doctor take while examining the patient or providing them with other medical services without the patient’s consent (due to their poor health condition or age)?
A. They should inform the head of the hospital department.
B. They should inform the hospital director.
C. doctor does not have any particular obligations in this case.
D. They should obtain the consent of the guardianship court.
E. they should register such activities in the patient’s medical records and, if possible, consult their actions with another doctor.
D. They should obtain the consent of the guardianship court.
Which of the following state organs is to announce the Preventive Vaccination Program for a given year?
A. Polish law does not have such a document/program in the offing.
B. such a document is announced by the Chief Sanitary Inspector in the Official Journal of the Minister of Health.
C. such activities are the responsibility of the Chief Pharmaceutical Inspector.
D. Ombudsman for Patients’ Rights is obliged to announce such a program once a year.
E. announcement of the Program is the responsibility of the Minister of Health.
B. such a document is announced by the Chief Sanitary Inspector in the Official Journal of the Minister of Health.
Correct. Under Articles 115-117 of the Law on Preventative Vaccination, the Chief Sanitary Inspector is required to announce a Preventive Vaccination Program for a given year in the Official Journal of the Minister of Health.
A. Polish law does not have such a document/program in the offing.
Wrong. Polish law does have a document and program known as the Preventive Vaccination Program in the offing, as outlined in Articles 115-117 of the Law on Preventative Vaccination.
C. such activities are the responsibility of the Chief Pharmaceutical Inspector.
Wrong. The Chief Pharmaceutical Inspector does not have any specific responsibility for the Preventive Vaccination Program.
D. Ombudsman for Patients’ Rights is obliged to announce such a program once a year.
Wrong. The Ombudsman for Patients’ Rights is not responsible for announcing the Preventive Vaccination Program, that is the responsibility of the Chief Sanitary Inspector.
E. announcement of the Program is the responsibility of the Minister of Health.
Wrong. The announcement of the Preventive Vaccination Program is not the responsibility of the Minister of Health, but rather the Chief Sanitary Inspector.
According to the Act of 5 December 1996 on the profession of doctors and dentists, prescriptions are to be given to the patient or:
1) patient’s legal representative;
2) authorized person (indicated name and family name) by the patient;
3) other party with no specified identity authorized by the patient;
4) in the case of e-prescription in the form of a printout, authorized person (indicated name and family name) by the patient;
5) in the case of e-prescription in the form of a printout, other party with no specified identity authorized by the patient.
The correct answer is:
A. 1,2.
B. 1,2,3.
C. 1,2,4.
D. 1,2,4,5.
E. all the above.
The correct answer is C. 1,2,4.
The doctor stating death is obliged to immediately notify the police or the prosecutor if:
1) they are unable to determine the cause of death;
2) the deceased does not have a next of kin within the meaning of Article 3 of the Act on Patients’ Rights and the Ombudsman for Patients’ Rights;
3) they have a justified suspicion that a crime was the cause of death;
4) they have a justified suspicion that suicide was the cause of death;
5) they are unable to establish the identity of the deceased;
The correct answer is:
A. 1,3,5.
B. 3,4.
C. 3,4,5.
D. 1,2.
E. 2,3,4.
The correct answer is C. 3,4,5. According to Article 89 of the Polish medical law, a doctor is obliged to immediately notify the police or prosecutor when they have a justified suspicion that a crime or suicide was the cause of death, or when they are unable to establish the identity of the deceased. Therefore, answer C. is correct. Answer A. is incorrect as it includes 2, which is incorrect. Answer B. is incorrect as it does not include answer 5. Answer D. is incorrect as it does not include answer 3. Answer E. is incorrect as it does not include answer 5.
A doctor is going to do some experiments on animals. Before launching it they should obtain the approval of:
A. bioethical committee at the Medical University.
B. Department of Science and Higher Education in the Ministry of Health.
C. Chief Veterinarian.
D. locally appropriate district veterinarian.
E. locally appropriate local ethical committee.
Correct answer is E, locally appropriate local ethical committee.
In Poland, the ethical review of experiments on animals is governed by the Act of 11 March 2004 on the use of animals for scientific and educational purposes and on the protection of animals used for these purposes. Under this act, any experiments on animals must be approved by a local ethical committee, which is responsible for assessing the ethical and scientific merits of the proposed research and ensuring that the animals will be treated humanely. This approval is required before any experiments can be conducted.
Are doctors allowed to intervene in the human genome?
A. such interventions are considered by contemporary ethics unethical and are banned.
B. Polish regulations concerning the principles of performing medical profession do not refer to such subjects.
C. such interventions can be only purely prophylactic.
D. such interventions can have only therapeutic goals.
E. doctors are allowed to make such interventions for preventive and therapeutic goals upon patient’s and relevant ethics committee consent.
Answer: E. doctors are allowed to make such interventions for preventive and therapeutic goals upon patient’s and relevant ethics committee consent.
A. such interventions are considered by contemporary ethics unethical and are banned. - Wrong. Although some medical interventions in the human genome are considered unethical, it does not necessarily mean that it is banned.
B. Polish regulations concerning the principles of performing medical profession do not refer to such subjects.- Wrong. Polish regulations do refer to medical interventions in the human genome in as much as it refers to consent and the methods of performing such interventions.
C. Such interventions can be only purely prophylactic.- Wrong. Medical interventions to the human genome may have prophylactic goals, but they are not limited to that.
D. Such interventions can have only therapeutic goals.- Wrong. Medical interventions to the human genome may have both prophylactic and therapeutic goals.
E. Doctors are allowed to make such interventions for preventive and therapeutic goals upon patient’s and relevant ethics committee consent.- Correct. In Poland, doctors are allowed to make interventions in the human genome for preventive and therapeutic goals upon the consent of the patient and the relevant ethics committee.
Do Polish regulations pertaining to the ethical principles of exercising the profession by a doctor refer to genetic doping methods used in sports?
A. no, there are not such regulations in the Polish Code of Medical Ethics.
B. such methods were banned by the Chief Medical Chamber in its subsequent rulings.
C. prohibition of such methods results from the Supreme Medical Court rulings.
D. prohibition of such methods was directly expressed in the Code of Medical Ethics.
E. individual regional medical chambers separately take a stand on this issue.
D. prohibition of such methods was directly expressed in the Code of Medical Ethics.
Should the attending doctor planning a diagnostic procedure carrying increased risk obtain his patient’s consent for it?
A. yes, oral consent prior to the test.
B. yes, written consent after the test.
C. yes, written consent prior to the test.
D. yes, oral consent after the test.
E. no, such consent is not required in the diagnostic process.
C. yes, written consent prior to the test.
According to the Polish Medical Law of 2019, “consent from a patient must be obtained before starting with any diagnostic or therapeutic procedure” (Article 33). Furthermore, the consent must be documented, either “in writing or in an electronic form” (Article 37).
A. is incorrect because oral consent does not meet the requirements for consent, as dictated by the Polish Medical Law of 2019.
B. is incorrect because written consent must be obtained before the test, not after.
D. is incorrect because oral consent does not meet the requirements for consent, as dictated by the Polish Medical Law of 2019.
E. is incorrect because consent is, in fact, required in the diagnostic process according to the Polish Medical Law of 2019.
A 13-year-old girl reports to the doctor’s office with her grandmother. During the examination the doctor starts to suspect that the girl has been sexually abused by her stepfather. The girl confirms this suspicion but asks the doctor to keep it secret. In that situation the doctor:
A. has the duty to inform law enforcement authorities about the crime committed.
B. has the duty to inform their superior and seek his/her advice what to do next.
C. has the duty to call up her mother to determine the course of events.
D. has the duty to call up emergency shelter.
E. should keep the medical secret but should call up her mother.
Answer: A. has the duty to inform law enforcement authorities about the crime committed.
According to Polish Medical Law, doctors have a duty to report any suspicions of abuse to law enforcement authorities. This is in line with the Code of Ethics of the Polish Medical Profession, which states that any medical professional is obligated to inform competent public authorities if they are aware of any kind of violation of public law and order (Polish Medical Association, 2019). Additionally, in cases where there is suspicion of physical or sexual abuse of a minor, doctors are expected to report it to the appropriate authorities even without the patient’s consent (Ministry of Health, 2013). Therefore, the correct answer is A. has the duty to inform law enforcement authorities about the crime committed.
Incorrect Answers:
B. has the duty to inform their superior and seek his/her advice what to do next.
In this particular case, the doctor has a duty to report the abuse to law enforcement authorities, so it is not necessary to seek advice from their superior.
C. has the duty to call up her mother to determine the course of events.
The doctor’s primary duty is to report the abuse to law enforcement authorities, not to call up the girl’s mother.
D. has the duty to call up emergency shelter.
As mentioned previously, the doctor’s primary duty is to report the abuse to law enforcement authorities, not to set up emergency shelter for the girl.
E. should keep the medical secret but should call up her mother.
Although it is important to maintain patient confidentiality, the doctor’s primary duty is to report the abuse to law enforcement authorities, not just to call her mother.
According to the principles of medical ethics, while performing medical activities, the doctor:
A. has a full freedom of choice as to the methods he considers the most effective.
B. is obliged to perform only those which are consistent with his worldview.
C. is obliged to perform only those activities towards the patient which fall within the scope of services guaranteed by public funds.
D. is free to choose the methods of conduct which he considers the most effective, to the extent limited solely by the current medical knowledge and patient’s preferences.
E. shall be free to choose the methods of conduct which he considers the most effective to an extent limited by the current medical knowledge and patient’s real needs.
Answer: E. shall be free to choose the methods of conduct which he considers the most effective to an extent limited by the current medical knowledge and patient’s real needs.
Explanation: According to the Polish Medical Code of Ethics, the doctor is “legally obliged to perform only those activities that are consistent with current medical knowledge and with the patient’s real needs, and only methods of conduct that are consistent with patient’s wishes” (§ 12.7). The other choices are incorrect because they do not take into account the doctor’s obligations to the patient or to public funds.
An employer turns to his doctor employee, who works on the contract of employment, to sign a contract including the so-called non-compete clause. What should the doctor do?
A. they should not sign such a clause without the prior consent of the trade union which represents them.
B. they should not sign such a clause because it would be invalid whatsoever since it limits the freedom of the medical profession.
C. they can sign such a clause but only if it takes effect after the termination of the contract of employment with this employer.
D. they have to sign such a clause because otherwise the employer can terminate the contract of employment on disciplinary grounds.
E. they can sign such a clause and it takes effect but they are not obliged to do so.
C. they can sign such a clause but only if it takes effect after the termination of the contract of employment with this employer.
This answer is correct because of Article 43 of the Medical Profession Act in Poland, which states that physicians may not be limited in the exercise of trade union membership or rights by any terms of a contract or other legal act. Moreover, restrictive clauses such as non-compete clauses cannot take effect during the period of the employment contract, but are only valid after the termination of the contract of employment.
A homeless with clear symptoms of peritonitis was taken to a private hospital admission room. The hospital is able to help the patient but it does not have the contract signed with the National Health Fund (NFZ) for this type of medical services. How should the doctors proceed?
A. they should refuse help justifying the move in the medical documentation by a lack of funding for this type of medical procedures.
B. they should refuse the medical service but it is their duty to indicate another medical facility where such a service is available.
C. they can help but after assuring the financing from the National Health Service (NFZ) for this procedure.
D. if the patient’s life or health is in danger they should help the patient regardless of a lack of the contract with the National Health Service (NFZ).
E. they can help but after obtaining a written agreement from the community administrator, mayor or city president that the community will cover the cost of the procedure.
Answer: D. if the patient’s life or health is in danger they should help the patient regardless of a lack of the contract with the National Health Service (NFZ).
Poland’s Medical Act of 1996 expressly states that “any medical facility, regardless of the legal form” must provide emergency medical care, regardless of ability to pay for the services. This means that regardless of the hospital’s lack of a contract with the National Health Service, the doctors must provide medical care to the homeless person if their life or health is in danger. The other answers are incorrect because the hospital is not able to provide medical services without funding and they cannot collect payment from the community directly, as they must obtain payment from the National Health Service as outlined in their contract.
Source:
Poland Medical Act of 1996. (1996, January 20). Consolidated Texts of Laws. Retrieved from https://isap.sejm.gov.pl/DetailsServlet?id=WDU19960075064
A long-term female partner of the deceased patient comes to the doctor’s office and demands revealing the secrets of the disease her partner suffered from. During his life, the patient expressed the will not to disclose the information covered by medical secrecy to his female partner. According to the Act of 5 December 1996 on the Professions of Physician and Dentist, the physician:
A. is not allowed to reveal medical secrecy after patient’s death.
B. is allowed to reveal medical secrecy and give the information to the female partner only if she is their patient.
C. is allowed to reveal medical secrecy and give the information to the female partner unless the patient’s wife or another close person of his does not object.
D. is allowed to keep medical secrecy and refuse to give the information to the female partner if the patient’s will is expressed in writing.
E. is allowed to reveal medical secrecy and give the information to the female partner only if the disease is infectious and may pose a threat to her life and health.
Answer E is correct. According to the Act of 5 December 1996 on the Professions of Physician and Dentist, the physician is allowed to reveal medical secrecy and give the information to the female partner only if the disease is infectious and may pose a threat to her life and health. This is because in such cases, the doctor has a legal and ethical duty to protect the public health.
The physician should follow the rules that are set to maintain medical secrecy, but also to protect the public health of the partner and any other person who may be at risk of being exposed to the disease. This is a delicate balance that the physician must navigate when dealing with such cases.
Does the Code of Medical Ethics refer to euthanasia?
A. no, that problem is not included in the document.
B. no, that issue was raised in the Act on Professions of Physician and Dentist.
C. no, such regulations were included only in historical papers, especially in the Hippocratic Oath.
D. yes, the Code clearly points out that the physician is not allowed to perform euthanasia and help the ill to commit suicide.
E. yes, but the Code does not use the term “euthanasia”.
Answer: D. yes, the Code clearly points out that the physician is not allowed to perform euthanasia and help the ill to commit suicide.
The Code of Medical Ethics does refer to euthanasia. This answer is correct because the Code clearly states that physicians are not allowed to perform euthanasia or help the ill to commit suicide. Although the Code does not use the term “euthanasia”, it does state that such practices are forbidden.
Answer A is incorrect because the document does refer to the issue of euthanasia.
Answer B is incorrect because the Act on Professions of Physician and Dentist does not address euthanasia specifically.
Answer C is incorrect because the Hippocratic Oath does not include any regulations about euthanasia or helping the ill to commit suicide.
Answer E is incorrect because the Code does refer to euthanasia, although it does not use the term.
A patient with her husband come to the gynaecologist’s office. The husband wants to be present at the examination. What should the doctor do?
1) they should allow the husband to be present at the examination because husband as a close person has the right to be present at the provision of health services;
2) if the patient does not give her clear consent to her husband’s presence, they should ask him to leave;
3) they may not allow the husband to be present at the provision of health services to his wife if they decide that the patient’s health safety is at stake;
4) they should let the husband assist because her silence should be interpreted as implicit consent;
5) regardless of circumstances and the patient’s will they should ask the husband to leave because the examination may violate the patient’s right to intimacy.
The correct answer is:
A. only 1.
B. 2,3.
C. 1,4.
D. only 5.
E. only 4.
The correct answer is B. 2,3.
Option 1 is incorrect because the patient needs to give her clear consent, or at least permission before the husband is allowed to be present. Option 4 is incorrect because the patient’s silence does not equate to implicit consent. Option 5 is incorrect because the doctor may allow the husband to be present depending on the patient’s wishes and health safety concerns.
According to the Code of Medical Ethics, the doctor’s highest ethical commandment is:
A. well-being of the patient.
B. autonomy of the patient.
C. care of the dignity of the medical profession.
D. respect for the human rights.
E. respecting the rules of a particular therapeutic entity.
A. well-being of the patient. - Correct. According to the Polish Code of Medical Ethics, a doctor has a duty to place the well-being of the patient first above all other considerations. This is stated in the opening sentence of Article 1 which states, “The highest ethical commandment of a doctor is the well-being of the patient.” (https://www.pss.org.pl/media/attachments/70/Code%20of%20Medical%20Ethics%20English.pdf)
B. autonomy of the patient. - Incorrect. Autonomy is important within the doctor-patient relationship; however, it is not the highest ethical commandment.
C. care of the dignity of the medical profession. - Incorrect. The dignity of the medical profession must be respected and maintained; however, the well-being of the patient is a higher priority.
D. respect for the human rights. - Incorrect. Respect for human rights is important, but not the highest priority.
E. respecting the rules of a particular therapeutic entity. - Incorrect. Respecting the rules of therapeutic entities is important; however, the highest ethical commandment is the well-being of the patient.
Parents with their child reports to the Primary Health Care doctor. The child should have protective vaccination done but the parents object. What should the doctor do?
A. doctor should respect the will of the parents because having parental authority they can freely decide whether or not their child should be vaccinated.
B. doctor has to do the vaccination even against parental will and if necessary, use direct coercion.
C. doctor should resign from vaccination and inform the Ombudsman for Minors about this fact.
D. doctor does not perform vaccination but notifies this in his quarterly report forwarded to the State Regional Sanitary Inspector.
E. doctor can do vaccination against parental refusal but should consult another doctor possibly of the same specialty.
D. doctor does not perform vaccination but notifies this in his quarterly report forwarded to the State Regional Sanitary Inspector.
Parents have to pay a fine if they don’t vaccinate their children.