Legal Dimensions of Nursing Practice (PrepU)

Nurses practicing in a critical care unit must acquire specialized skills and knowledge to provide care to the critically ill client. These nurses can validate this specialty competence through what process? A. Certification B. Licensure C. Litigation D. Accreditation

A. Certification

Which process evaluates and recognizes educational programs as having met certain standards? A. Certification B. Accreditation C. Licensure D. Credentialing

B. Accreditation

A nurse who obtains a license to practice nursing through self-misrepresentation is guilty of what tort? A. Libel B. Fraud C. Slander D. Assault

B. Fraud

A student nurse is assisting an older adult client to ambulate following hip replacement surgery when the client falls and reinjures the hip. Who is potentially responsible for the injury to this client? A. The student nurse B. The student nurse, the nurse instructor, and the hospital C. The nurse instructor D. The hospital

B. The student nurse, the nurse instructor, and the hospital

When the nurse informs a client's employer of the client's autoimmune deficiency disease, the nurse is committing the tort of: A. battery. B. invasion of privacy. C. assault. D. breach of contract.

B. invasion of privacy.

Which statement made by the nurse providing care to a group of clients indicates that the nurse requires further education regarding negligence? A. "Please avoid bringing fresh fruit to a client with neutropenia." B. "I am going to assess for collateral circulation before preforming an arterial blood gas (ABG)." C. "I don't need to assess distal pulses on a client after a femoral arteriography." D. "I am going to auscultate breath sounds every 8 hours on a client receiving enteral feedings."

C. "I don't need to assess distal pulses on a client after a femoral arteriography."

A client being discharged from the hospital asks the nurse, "When I go visit my family out of state, should I take my living will with me, or do I need a new one for that state?" Which is the most appropriate response by the nurse? A. "As long as your family knows your medical wishes, you will not need it." B. "We have it on file here, so any hospital can call and get a copy." C. "Take it with you. It is recognized universally in the United States." D. "A living will can only be used in the state in which it was created."

C. "Take it with you. It is recognized universally in the United States."

While teaching about advance care planning, which fact is important for the nurse to share with a client who has been diagnosed with a terminal illness? A. Living wills provide specific instructions related to the client's personal property upon death. B. The Patient Self-Determination Act of 1990 requires hospital clients to have an advance directive. C. Advance directives must be completed 30 days prior to hospitalization in order to be valid. D. A durable power of attorney for health care appoints an agent the person trusts to make decisions.

D. A durable power of attorney for health care appoints an agent the person trusts to make decisions.

Which scenario is an example of certification? A. A graduate of a nursing education program who passes NCLEX-RN B. An education program that meets standards of the National League for Nursing C. A nurse who demonstrates advanced expertise in a content area of nursing through special testing D. A hospital that meets the standards of the Joint Commission

C. A nurse who demonstrates advanced expertise in a content area of nursing through special testing

Which nursing student would most likely be held liable for negligence? A. A nursing student completes an incident report after administering a medication to a client who then experienced an adverse reaction to the medication. B. A nursing student performs a dressing change using sterile technique and documents the presence of necrotic tissue in the wound. C. A nursing student administers medication to a resident while working as an unlicensed assistive personnel (UAP) at a local nursing home. D. A nursing student reports that insulin was not administered to the client by the nurse on the previous shift.

C. A nursing student administers medication to a resident while working as an unlicensed assistive personnel (UAP) at a local nursing home.

An RN is working on a medical-surgical unit with a licensed practical/vocational nurse (LPN/LVN). Which action by the RN is considered negligent if injury results from this action? A. Calling the health care provider about abnormal lab results B. Obtaining vital signs on a newly admitted client C. Asking the LPN/LVN to teach a new diabetic client how to administer insulin D. Delegating oral medication administration to the LPN/LVN

C. Asking the LPN/LVN to teach a new diabetic client how to administer insulin

A nurse threatens to restrain a verbally abusive client if the abuse continues. Which legal tort has the nurse committed? A. Defamation of character B. Negligence C. Assault D. Invasion of privacy

C. Assault

A client admitted to a mental health unit has exhibited physical behaviors that put the client and others at risk. The nurse applies four-point restraints on the client without obtaining a health care provider's order or the client's consent. The nurse is at risk of being accused of which action? A. Slander B. Negligence C. Battery D. Malpractice

C. Battery

In some cases, the act of providing nursing care in unexpected situations is covered by the Good Samaritan laws. Which nursing action would most likely be covered by these laws? A. Medical advice given to a neighbor regarding a child's rash B. Any emergency care given when consent is obtained C. Emergency care for a choking victim in a restaurant D. A negligent act performed in an emergency situation

C. Emergency care for a choking victim in a restaurant

A nurse talks with family members about an AIDS client from the clinic where the nurse works. Which tort has the nurse committed? A. Fraud B. Assault C. Invasion of privacy D. Slander

C. Invasion of privacy

Which is true of the Occupational Safety and Health Act? A. It requires nurses to report abuse of infants, children, and adults of all ages. B. It establishes an information clearinghouse for nurses who engage in unprofessional conduct. C. It helps to reduce workforce injuries and illness in the workplace. D. It protects nurses who are recovering from drug or alcohol addiction or have communicable diseases.

C. It helps to reduce workforce injuries and illness in the workplace.

A client has a prescription for amoxicillin 500 mg P.O. every 8 hours. The nurse administers the medication via the intravenous route. Based on the nurse's action, the client develops complications and has an increased length of stay. The client files a lawsuit against the facility and the nurse. Which legal action has the nurse's attorney identified that meets the criteria for the client's lawsuit? A. Negligence B. Battery C. Malpractice D. Assault

C. Malpractice

A nurse who comments to coworkers at lunch that a client with a sexually transmitted infection has been sexually active in the community may be guilty of what tort? A. Libel B. Assault C. Slander D. Fraud

C. Slander

A nurse, while off-duty, tells the physiotherapist that a client who was admitted to the nursing unit contracted AIDS due to exposure to sex workers at the age of 18. The client discovers that the nurse has revealed the information to the physiotherapist. With what legal action could the nurse be charged? A. Malpractice B. Libel C. Slander D. Negligence

C. Slander

Injuries related to lifting or transferring clients occur in the health care setting and may be considered a work-related injury. Which law was intended to reduce work-related injuries and illnesses? A. The Health Care Quality Improvement Act of 1986 B. Americans with Disabilities Act of 1990 C. The Occupational Safety and Health Act of 1970 D. Title VII of the Civil Rights Act of 1964

C. The Occupational Safety and Health Act of 1970

A client is unhappy with the health care provided and informs the nurse that the client is leaving the facility. The client has not been discharged by the health care provider. The nurse finds that the client has dressed and is ready to go. What should the nurse's action be in this situation? A. The nurse should have the client restrained and call the health care provider. B. The nurse should let the client go because the nurse cannot do anything. C. The nurse should call and inform the nursing supervisor of the situation. D. The nurse should warn the client that the client cannot come to the hospital again.

C. The nurse should call and inform the nursing supervisor of the situation.

A client newly diagnosed with congestive heart failure has a prescription for digoxin. The nurse counts the heart rate before administration of the medication and obtains a heart rate of 51 beats per minute. Which action by the nurse demonstrates adherence to the standards of nursing care? A. The nurse administers the medication and reassesses the client after 30 minutes. B. The nurse withholds the medication, retakes the heart rate, and gives the medication at a later time. C. The nurse withholds the medication and notifies the health care practitioner. D. The nurse administers the medication after reviewing the client's serum potassium level.

C. The nurse withholds the medication and notifies the health care practitioner.

Professional regulations and laws that govern nursing practice are in place for which reason? A. To ensure that practicing nurses are of good moral standing B. To limit the number of nurses in practice C. To protect the safety of the public D. To ensure that enough new nurses are always available

C. To protect the safety of the public

Which is an example of an unintentional tort? A. Nurses discuss a client's laboratory values in the elevator. B. A nurse threatens to restrain a client if the client does not stop talking. C. A nurse tells a client that the client cannot leave the hospital until the client pays the bill. D. A nurse gives the client a medication, and the client has an adverse reaction to it.

D. A nurse gives the client a medication, and the client has an adverse reaction to it.

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 this client's behalf? A. A church-appointed guardian B. A significant other C. A best friend D. A surrogate decision maker

D. A surrogate decision maker

The nurse is preparing to administer a prescribed medication and notes the dosage is well above the suggested therapeutic range. Which action should the nurse take? A. Document the occurrence in the client's medical record. B. Follow the facility medication reconciliation procedure. C. Fill out an incident report and hold the medication. D. Call the provider to clarify the medication prescription.

D. Call the provider to clarify the medication prescription.

The nurse is providing care to a client whose condition has progressively declined. The nurse assesses and makes appropriate interventions as well as notifies the health care provider. Despite the nurse's efforts, the client expires. What element of liability has the nurse demonstrated? A. Causation B. Damages C. Breach of duty D. Duty

D. Duty

A client informs the nurse that the client wants to discontinue treatment and go home. Later, the nurse finds the client dressed to leave. Which action should the nurse take in this situation? A. Warn the client that the client may not be able to access health care again. B. Restrain the client until medical treatment is over. C. Call the health care provider and get the discharge paper signed. D. Let the client go after signing a document stating that the client is going against medical advice.

D. Let the client go after signing a document stating that the client is going against medical advice.

A nurse witnesses a traffic accident and dresses the open wounds sustained by a child. Later, in the hospital, the child develops complications from an infection in the wound. The family holds the nurse responsible for the complications and attempts to file a lawsuit. Which statement is true regarding how the Good Samaritan law applies to this case? A. The Good Samaritan law will provide absolute exemption from prosecution. B. The Good Samaritan law will not protect the nurse because the nurse did not accept compensation. C. The Good Samaritan law is not applicable to health care workers. D. The Good Samaritan law will provide legal immunity to the nurse.

D. The Good Samaritan law will provide legal immunity to the nurse.

A health care provider is called to see a client with angina. During the visit the health care provider advises the nurse to decrease the dosage of atenolol to 12.5 mg. However, because the health care provider is late for another visit, the health care provider requests that the nurse write down the order for the health care provider. What should be the appropriate nursing action in this situation? A. The nurse should inform the client of the change in medication. B. The nurse should remind the health care provider later to write the work order. C. The nurse should write the order and implement it. D. The nurse should ask the health care provider to come back and write the order.

D. The nurse should ask the health care provider to come back and write the order.

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 6 hours. Later, the client had to undergo emergency surgery. The lack of action on the nurse's part is liable for action. Which legal term describes the case? A. Fraud B. Felony C. Misdemeanor D. Tort

D. Tort

A nurse is caring for a client who has undergone coronary angioplasty. The cardiac monitor is showing abnormal electrocardiogram waves, indicating atrial fibrillation. The nurse does not recognize the importance of the sign; as a result, the client's condition deteriorates and the client has to be taken up for an emergency procedure. Which describes the nurse's legal liability? A. Felony B. Defamation C. Slander D. Tort

D. Tort

A client with end-stage renal disease decides against further treatment and requests a "Do Not Resuscitate" (DNR) order. The DNR status is part of the change-of-shift report. The client stops breathing and a nurse begins cardiopulmonary resuscitation. The family is upset and makes a complaint to the charge nurse. The charge nurse appropriately identifies that nurse has committed: A. fraud. B. assault. C. battery. D. defamation.

D. defamation.

A lawyer is describing the litigation process to a nurse named in a malpractice lawsuit. Which statements by the lawyer accurately describe this process? Select all that apply. - "The opinions of appellate judges are published and become common law." - "As the defendant, you will be presumed guilty until proven innocent." - "We will start litigation in the first-level court known as the appellate court." - "The defendant is the person who is initiating the lawsuit." - "The process of bringing and trying this lawsuit is called litigation." - "Common law is based on the principle of stare decisis."

- "Common law is based on the principle of stare decisis." - "The process of bringing and trying this lawsuit is called litigation."

A nurse confides in a nurse friend, "I never report minor incidents. The charge nurse always wants a variance report filled out and they take so much time." Which responses by the friend are indicated? Select all that apply. - "I usually document the problem in the chart, but don't fill out a report." - "I don't blame you, I think the charge nurse is just trying to get us in trouble." - "Having documentation might keep you out of trouble someday." - "Reporting helps us fix problems that result in danger to clients." - "As long as no one is hurt, I don't see a problem with not reporting minor incidences."

- "Having documentation might keep you out of trouble someday." - "Reporting helps us fix problems that result in danger to clients."

Which statements made by a nurse would indicate to a nurse manager that the nurse requires further training? Select all that apply. - "I am accountable for any task that I delegate." - "When I document, I make sure it is factual, accurate, complete, and timely." - "The nursing plan of care must be accurate and must be followed. It is part of the client's permanent record." - "If I make a mistake, I will not tell anyone." - "I will have the supervisor fill out the incident report when I make an error."

- "If I make a mistake, I will not tell anyone." - "I will have the supervisor fill out the incident report when I make an error."

A nurse has applied soft wrist restraints to a client following endotracheal intubation. Documentation of which information is essential when using restraints on a client? Select all that apply. - Chest physiotherapy completed - Family presence at the bedside - 0.9 normal saline infusing intravenously at 100 mL/hr - Findings from client assessment, performed every 2 hours - Foley catheter draining clear yellow urine

- Findings from client assessment, performed every 2 hours - Foley catheter draining clear yellow urine - 0.9 normal saline infusing intravenously at 100 mL/hr

A nurse becomes concerned that a coworker may have a substance use disorder. Which behaviors by the coworker would increase this concern? Select all that apply. - The coworker has stopped eating lunch in the breakroom with other nurses. - The last two times the nurse has needed help turning a client, the coworker could not be found. - The coworker made a medication error last week. - The coworker mentioned going to the primary care provider's office twice in the last month. - The coworker has needed to leave early "to pick up my kids" several times in the last 2 months.

- The coworker has stopped eating lunch in the breakroom with other nurses. - The last two times the nurse has needed help turning a client, the coworker could not be found. - The coworker has needed to leave early "to pick up my kids" several times in the last 2 months.

Legal safeguards are in place in the nursing practice to protect the nurse from exposure to legal risks as well as to protect the client from harm. What is an example(s) of legal safeguards for the nurse? Select all that apply. - The health care provider is responsible for administration of a wrongly prescribed medication. - The nurse executes the health care provider's prescriptions without questioning them. - The nurse confirms informed consent was give by the client to perform a procedure. - The nurse educates the client about what to expect during the hospital stay. - The nurse documents all client care in a timely manner. - The nurse claims management is responsible for inadequate staffing leading to negligence.

- The nurse confirms informed consent was give by the client to perform a procedure. - The nurse educates the client about what to expect during the hospital stay. - The nurse documents all client care in a timely manner.

A nurse is writing a letter to a U.S. congressman to support the promotion of health care issues. Which guidelines would ensure a properly written letter? Select all that apply. - The nurse should state the purpose of the letter briefly and clearly in the first paragraph. - The nurse should write a longer email and shorter letter. - The nurse should name the city and state where the nurse lives and votes. - The nurse should avoid using specific examples from the workplace to support the position. - The nurse should restate exactly what the legislator should do at the end of the letter. - The nurse should address the letter to as many legislators as possible.

- The nurse should state the purpose of the letter briefly and clearly in the first paragraph. - The nurse should name the city and state where the nurse lives and votes. - The nurse should restate exactly what the legislator should do at the end of the letter.

Which are examples of a nurse appropriately protecting a client's privacy? Select all that apply. - The nurse moves the client from the emergency department waiting room to a private area to collect assessment data. - The nurse questions the client about the client's social life even though it does not affect care planning. - Because the facility is a teaching facility, the nurse allows a nursing student to photograph a client for a care plan. - With the client's permission, the nurse explains the client's diagnosis to the client's spouse. - During a bed bath, the nurse exposes the client's upper torso while washing the client's face.

- With the client's permission, the nurse explains the client's diagnosis to the client's spouse. - The nurse moves the client from the emergency department waiting room to a private area to collect assessment data.

A nurse from the postanesthesia care unit (PACU) transports a client in the elevator with a nurse from the intensive care unit (ICU). There are staff members and visitors in the elevator as well. Which response from the ICU nurse is appropriate when the PACU nurse begins the report? A. "Wait and give me a report in the room at the bedside." B. "I will look at the EHR when I get to the nurse's station." C. "Before you begin we need to ensure a family member is present." D. "You can just put the report on the foot of the bed and I will look at it when I get to the room."

A. "Wait and give me a report in the room at the bedside."

An RN enters a client's room and observes the unlicensed assistive personnel (UAP) forcefully pushing a client down on the bed. The client starts crying and informs the UAP of the need to go to the bathroom. What action is the RN witnessing that should be immediately reported to the supervisor? A. Battery B. Assault C. Fraud D. Defamation of character

A. Battery

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 assessment and intervention for the client's pain. The nurse does not notify the surgeon regarding the client's pain. The nurse's failure to take further action represents which element of liability in this case? A. Breach of duty B. Damages C. Causation D. Duty

A. Breach of duty

A client is scheduled for a colonoscopy. The nurse realizes immediately after administering medications to induce conscious sedation that the client has not signed the informed consent. If the nurse has the client sign the informed consent at this point, which element of informed consent would be violated? A. Competence B. Comprehension C. Voluntariness D. Disclosure

A. Competence

Which statement about laws governing the distribution of controlled substances is true? A. Nurses are responsible for adhering to specific documentation about controlled substances. B. When a nurse misuses controlled substances in the workplace and gets help, the nurse will not be charged with a criminal act. C. The nurse is only at risk if diverting medication from the client; a nurse using the nurse's own personal drugs is not at risk. D. Substance use is not treatable.

A. Nurses are responsible for adhering to specific documentation about controlled substances.

A family brings the client to the emergency department in an unconscious state with a head injury. The client requires surgery to remove a blood clot. What would be the appropriate nursing intervention in keeping with the policy of informed consent prior to a surgical procedure? A. The nurse confirms that the client's family has signed the consent form. B. The nurse confirms that the client has signed the consent form. C. The nurse informs the family about the living will. D. The nurse informs the family about advance directives.

A. The nurse confirms that the client's family has signed the consent form.

A nurse enters the client's room and finds the client lying on the floor experiencing a seizure. After stabilizing the client, the nurse informs the health care provider. The health care provider advises the nurse to prepare an incident report. What is the purpose of an incident report? A. To evaluate the quality of care provided and assess the potential risks for injury to the client B. To evaluate the immediate care provided by the nurse to the client C. To determine the nurse's fault in the incident D. To provide information to local, state, and federal agencies

A. To evaluate the quality of care provided and assess the potential risks for injury to the client

Nurses complete incident reports as dictated by the agency protocol. What is the primary reason nurses fill out an incident report? A. To improve quality of care B. To document the need for disciplinary action C. To initiate litigation D. To document everyday occurrences

A. To improve quality of care

A legal document that states a client's health-related wishes — such as a preference for pain management if the client becomes terminally ill — and also allows the client's adult child to direct the client's care, is: A. an advance directive. B. a will. C. a license. D. a standard of care.

A. an advance directive.

While riding in the elevator, a nurse discusses the HIV-positive status of a client with other colleagues. The nurse's action reflects: A. invasion of privacy. B. professional negligence. C. false imprisonment. D. defamation of character.

A. invasion of privacy.

While a client admitted to the medical-surgical unit is in the radiology department, a visitor claiming to be the client's cousin arrives on the medical-surgical unit and asks the nurse to provide a brief outline of the client's illness. Which response by the nurse would be most appropriate, both legally and professionally? A. "Do you have any identification proving that you are related to the client?" B. "I cannot give you that information due to client confidentiality." C. "I'm busy right now but can talk later." D. "I will call the client and ask for permission to share this information with you."

B. "I cannot give you that information due to client confidentiality."

Action has been taken against a nurse's license based on a claim that the nurse acted outside of nursing's scope of practice. The nurse's attorney determines that the nurse needs more education about the purpose of the board of nursing when the nurse makes which statement? A. "The board of nursing exists to protect the safety of the public." B. "The rules made by the board of nursing don't reflect my practice." C. "Board of nursing rules keep unlicensed people from practicing nursing." D. "The board of nursing is established by state legislation."

B. "The rules made by the board of nursing don't reflect my practice."

The nurse attempts to notify a health care provider about a client's elevated temperature but does not get a response. Which statement, if documented by the nurse, would indicate that the nurse is following proper protocol for nursing documentation? A. 1300: Client temperature elevated. Telephoned health care provider 3 times. As usual, health care provider did not respond. B. 1300: Client temperature elevated. Telephoned health care provider's service 3 times without a response. Tepid sponge bath given and nursing supervisor notified. C. 1300: Client temperature elevated. Telephoned health care provider's service several times with no response. Will notify nursing supervisor during rounds. D. 1300: Client temperature elevated. Health care provider paged, but did not respond. Administered acetaminophen without an order because I knew this health care provider does not return calls.

B. 1300: Client temperature elevated. Telephoned health care provider's service 3 times without a response. Tepid sponge bath given and nursing supervisor notified.

A client informs the nurse about leaving the health care facility because the client is not satisfied with the treatment. The nurse knows that the client's treatment is incomplete and further testing and evaluations are scheduled. Which action by the nurse would be most appropriate to prevent false imprisonment? A. Tell the client that the client will not be able to get access again. B. Ask the client to sign a release without medical approval. C. Restrain the client to prevent from leaving. D. Call the health care provider to speed up the discharge process.

B. Ask the client to sign a release without medical approval.

A nurse assesses a client with psychotic symptoms and determines that the client needs vest restraints. However, the client asks the nurse not to put on vest restraints. What would be the best nursing action? A. Apply restraints after giving a sedative. B. Contact the health care provider and obtain necessary orders. C. Apply wrist restraints instead of vest restraints. D. Restrain the client with vest restraints.

B. Contact the health care provider and obtain necessary orders.

An HIV-positive client discovers that the client's name is published in a research report on HIV care prepared by the client's nurse. The client is hurt and files a lawsuit against the nurse. Which offense has the nurse committed? A. Defamation of character B. Invasion of privacy C. Unintentional tort D. Negligence of duty

B. Invasion of privacy

While at a coworker's house, a nurse discusses with the coworker a client whom the nurse suspects of physically abusing the client's child. The next day, the client is moved to another nursing unit after a surgical procedure and comes under the care of the coworker, who is also a nurse. The coworker confronts the client about the alleged physical abuse. The client is shocked and angered by the accusation and denies it categorically. What would be the charge if the client were to file a suit? A. No charges are valid because both nurses are involved in the client's care. B. The first nurse could be charged with slander. C. No charges are valid because the revelation took place during off-duty hours and off-site. D. The second nurse could be charged with libel.

B. The first nurse could be charged with slander.

After reporting to work for a night shift, the nurse learns that the unit is understaffed because two RNs called out sick. As a result, each nurse on the unit must provide care for four acute clients in addition to the nurse's regular clients. Which statement is true for this nurse when working in understaffed circumstances? A. The nurse must document that float staff, nurses on overtime, and part-time staff were contacted in an effort to fill the gaps in care. B. The nurse is legally held to the same standards of care as when staffing levels are normal. C. Understaffing constitutes an extenuating circumstance that creates a temporarily lower expectation for care for the nurse. D. The nurse is legally obliged to refuse to provide care when understaffing creates the potential for unsafe conditions.

B. The nurse is legally held to the same standards of care as when staffing levels are normal.

A nurse is overheard in the hospital cafeteria making false, derogatory comments about a client. The nurse is guilty of: A. assault. B. slander. C. invasion of privacy. D. libel.

B. slander.