Legal Issues
A client is in a persistent vegetative state. The client has no immediate family and is a ward of the state. Under these circumstances, who will speak on the clients behalf? - a surrogate decision maker - a church appointed guardian - a significant other - a best friend
- a surrogate decision maker
Unintentional torts
-Negligence -Malpractice
Which scenario is an example of certification? -a nurse who demonstrates advanced expertise in a content area of nursing through specialized testing -a hospital that meets the standards of the joint commission -an education program that meets the standards of the national league for nursing -a graduate of a nursing education program who passes the nclex-rn
-a nurse who demonstrates advanced expertise in a content area of nursing through specialized testing
Which process evaluated and recognizes educational programs as having met certain standards? -accreditation -credentialing -licensure -certification
-accreditation
Intentional torts
-assault and battery -defamation of character -invasion of privacy -false imprisonment -fraud
An older adult client refuses an intramuscular injection, but the nurse administers it anyway. -battery -negligence -assault -breach of duty
-battery
An rn enters a clients room and observes the unlicensed assistive personnel forcefully pushing a client down in bed. The client starts crying and informs the uap of the need to go to the restroom. What action is the RN witnessing that should be reported to the supervisor immediately? -assault -battery -fraud -defamation of character
-battery
A nurse fails to communicate a change in the clients condition to the physician. Which element related to proving malpractice has been met? -breach of duty -proximate cause -damages -duty
-breach of duty
A nurse fails to communicate a change in the clients condition to the physician. Which element related to proving malpractice has been met? -duty -breach of duty -proximate cause -damages
-breach of duty
A nurse fails to administer a medication that prevents seizures and the client has a seizure. The nurse is in violation of the nurse practice act. What type of law has the nurse violated? -criminal -federal -supreme -civil
-civil
The nurse administers amoxicillin to a client with known allergies to penicillin. The client has a seizure and has resulting respiratory arrest. This is an example of: -negligence -assault -breach of duty -malpractice
-malpractice
A nurse is caring for a client following an endotracheal intubation. Before applying soft wrist restraints to prevent the client from pulling out the endotracheal tube, what is the most appropriate action of the nurse? - obtain a medical order -get written consent -get verbal consent -notify the family
-obtain a medical order
Administrative law, enforcement of NPA by the board of nursing... -statutory law -tort law -regulatory law -criminal law
-regulatory law
A nurse enters the clients room and finds the client lying on the floor experiencing a seizure. After stabilizing the client, the nurse informs the physician. The physician advises the nurse to prepare an incident report. What is the purpose of an incident report? -to determine the nurses fault in the incident -to evaluate the care provided and asses the potential risks of the client -to provide information to local, state, and federal agencies -to evaluate the immediate care provided from the nurse to the client
-to evaluate the care provided and assess the potential risks of the client
Nurses complete incident reports as dictated by the agency protocol. What is the PRIMARY reason nurses fill out an incident report? -to document everyday occurrences -to initiate litigation -to improve quality of care -to document for needs disciplinary action
-to improve quality of care
A client was admitted to a postoperative nursing unit after undergoing abdominal surgery. During this time the nurse failed to recognize the significance of abdominal swelling which significantly increased during the next six hours. Later the client had to undergo emergency surgery. The lack of action on the nurses part is liable for action. Which legal term describes this case? -felony -tort -fraud -misdemeanor
-tort
Malpractice and negligence fall into this category of law -statutory -tort -criminal -regulatory
-tort
Three outcomes of malpractice litigation?
1. All parties work toward fair settlement 2. Case is presented to malpractice arbitration panel 3. Case is brought to trial court
Professional standards of care defined by the ANA?
Diagnostic, intervention, and evaluation competencies
Four elements of liability?
duty, breach of duty, causation, damages
Occurrences report
Serves as a database for further infection. Alerts risks to management to a potential claim situation
In comparison with licensure, which measures entry level competence, what does certification validate? -specialty knowledge and clinical judgement -ability to practice in more than one area -more than 10 years of nursing practice -innocence of any disciplinary violation
-specialty knowledge and clinical judgement
Nurse practice act, child and adult abuse laws, advance directives, Good Samaritan laws fall under this category... -Statutory law -criminal law -tort law -regulatory law
Statutory law
The nurse is providing care to a client who had orthopedic surgery. The nurse has medicated the client for pain. However the client reports that the pain is unrelieved. The nurse takes no further action regarding the assessment and intervention for the clients pain. The nurse does not notify the surgeon regarding the clients pain. The nurses failure to take further action represents which element of liability in this case? -breach of duty -causation -damages -duty
-breach of duty
Felonies or misdemeanors, assault, battery, false imprisonment, theft... -statutory law -tort law -regulatory law -criminal law
-criminal law
While riding in the elevator, a nurse discusses the hiv positive status of a client with other colleagues. The nurses action reflects: -invasion of privacy -defamation of character -professional negligence -false imprisonment
-invasion of privacy