NUR CH.7 HWK
Liability involves four elements: duty, breach of duty, causation, and damages. The most difficult element of liability to prove is: Breach of duty Causation Damages Duty
Causation
A nurse is overheard threatening to slap a patient if he doesn't stop spitting on the floor. The nurse could be accused of: Assault Negligence Battery Defamation
Assault
A nurse witnesses a certified nursing assistant (CNA) striking a patient who spit food at her. The nurse witnessed what type of intentional tort? Assault Negligence False imprisonment Battery
Battery
Which of the following are hallmarks of initiating culturally congruent care? (Select all that apply.) Communication Treatment Documentation Assessment Diagnosis
Communication Assessment
A nurse attempts to call in a prescription for her patient. The prescription is for hydrocodone 7.5 mg. The pharmacy refuses the prescription and states the patient must bring it to the pharmacy for it to be filled. The nurse understands that this is a result of what legislation? OSHA Patient's Bill of Rights Nurse Practice Act Controlled Substances Act
Controlled Substances Act
Which of these is not a factor that makes a nurse prone to a lawsuit? Documenting interactions Not identifying/meeting patient's emotional needs Complaining about work conditions Insensitivity to complaints
Documenting interactions
What type of professional behavior would increase a nurse's liability potential? Does not consult hospital policy and procedure when performing nursing procedures Picks up extra shifts every pay period Assists team members with nursing cares Answers patient questions to the best of his or her ability
Does not consult hospital policy and procedure when performing nursing procedures
A nurse is preparing a patient for surgery. As she completes the preoperative checklist, which action will decrease the risk of malpractice/liability? Provide necessary postoperative education Ensure informed consent has been completed and is in the chart Ensure ordered lab work is completed Ensure the patient has a patent intravenous line in place
Ensure informed consent has been completed and is in the chart
The branch of government that develops policies that will implement recently passed laws is called: Federal branch Legislative branch Judicial branch Executive branch
Executive branch
True or false: Enacted law is the highest authority in the United States. It is subject to change regularly, ensuring that it is kept relevant and important to today's society.
False
True or false: Giving a patient the wrong medication is an example of negligence.
False
True or false: Good Samaritan Laws establish an obligation for any health care professional to do everything in his or her power to give emergency care in the event of an accident outside of a workplace environment.
False
True or false: If your actions lead to patient disability or death, you are liable.
False
True or false: In order for negligence to be proven, breach of duty must be identified as the cause of harm.
False
True or false: Unclear or incomplete orders from physicians do not affect your liability, only the ordering physician's own liability.
False
True or false: Whistle blowing laws require a nurse to report suspicion of child abuse, rape, or communicable disease. Failure to do so can result in criminal charges and license revocation.
False
A dialysis patient has just finished his treatment. As he returns to the nursing unit, he states that he will be leaving shortly and will not return to the hospital. As the patient gathers his belongings, the RN blocks the door so the patient cannot leave the room. The nurse could be charged with: False imprisonment Libel Breach of duty Assault
False imprisonment
Which of these is not an example of negligence? Patient falls Failure to monitor Falsifying patient information Equipment injuries Medication errors
Falsifying patient information
Sue, an RN on a medical floor, fails to alert the physician regarding her patient's potassium level of 5.8. The patient suffers a fatal dysrhythmia and dies. Which of the following must be present for legal action to be taken against the nurse? Select all that apply. Foreseeability Breach of duty Compensation Damage Causation
Foreseeability Breach of duty Causation
A nurse tells a coworker that she bills her patients for "extra" supplies during their hospital stay to help recoup lost charges on the nursing unit. This nurse could be found guilty of what type of tort? Battery Negligence Fraud Assault
Fraud
A nurse stops to render aid to a motor vehicle accident victim. The nurse provides basic first aid interventions while awaiting further medical help. The actions of the nurse are covered by what legislation? Board of Nursing Scope of Practice Patient Bill of Rights Good Samaritan Law Nurse Practice Act
Good Samaritan Law
The Health Care Quality Improvement Act of 1986 (HCQIA) contains two major provisions. The establishment of the National Practitioner Data Bank as an information clearing house, and which of the following? The ability to opt out of peer reviews if they may incriminate you or put you at risk of civil/criminal charges from peers Immunity to possible criminal charges resulting from any negative reviews from your peers Immunity from civil damages as a result of peer review
Immunity from civil damages as a result of peer review
The Emergency Medical Treatment and Labor Act (EMTALA) imposes which of the following practices for hospitals? Select all that apply. Imposes the right to refuse care to those without proper insurance coverage. Imposes a duty to institute treatment if an "emergency medical condition" does exist Imposes restrictions on transfers of persons exhibiting an "emergency medical condition" or who are in active labor Imposes an obligation to provide a medical screening examination to determine if an "emergency medical condition" exists
Imposes restrictions on transfers of persons exhibiting an "emergency medical condition" or who are in active labor Imposes an obligation to provide a medical screening examination to determine if an "emergency medical condition" exists
Which standard is not one of the four elements needed to prove negligence? Connection between care and harm Must prove that you owe the person care Actual result of injury Improper practice based on standards of care required
Improper practice based on standards of care required
What is cultural competence? Culturally specific verbal and nonverbal communication strategies Adhering to an initiative on this topic outlined by the Institute of Medicine Increasing knowledge and skill in the areas of cultural awareness and sensitivity Increasing sensitivity to minority and vulnerable populations
Increasing knowledge and skill in the areas of cultural awareness and sensitivity
A nurse is interrupted while charting in her patient's EHR on a computer in the nursing unit hallway. The nurse does not sign out of the health record as she walks away. Visitors and family members walk past the open computer terminal. This is an example of: Breach of duty Invasion of privacy Slander Libel
Invasion of privacy
A nurse is overheard asking a patient for an e-mail address and other non-pertinent information. The patient reluctantly gives the nurse the information. The nurse in this situation could be charged with what intentional tort? Assault Invasion of privacy Defamation Battery
Invasion of privacy
Which branch of government creates legislation that is to be approved by another branch of government? Judicial branch Legislative branch Executive branch Federal branch
Legislative branch
A nurse has been counseled many times due to incomplete nursing documentation. The nurse's assessments and notes are often incomplete or inaccurate. This places the nurse at a higher risk of: Negligence Termination Accountability Liability
Liability
Which nurse theorist is mainly responsible for starting the transcultural nursing movement? Callista Roy Hildegard Peplau Florence Nightingale Madeleine Leininger
Madeleine Leininger
A newly licensed nurse is asking her coworkers what legislation decreases her liability risk. Her coworkers tell her that licensing, credentialing, and what other element help to decrease her liability risk? Nurse practice act Age Specialty Level of experience
Nurse practice act
HIPAA violations occur when: Nurses take actions without the proper licensing Nurses mistreat or improperly grab patients Nurses do something to betray a patient's right to privacy
Nurses do something to betray a patient's right to privacy
What is the best description of transcultural nursing? Nursing in another country Nursing across cultures Nursing for patients at the end of life Nursing for one patient at a time
Nursing across cultures
A nurse is caring for a patient with tuberculosis. The nurse understands that she must use protective equipment prior to entering the patient's room. The establishment of infection control measures is a result of what legislative act? Patient's Bill of Rights Occupational Safety and Health Act Good Samaritan Act Nurse Practice Act
Occupational Safety and Health Act
In the situation described in the last question, the nurse assisted Mrs. D., a 42-year-old female admitted to the hospital for a routine hysterectomy, in completing paperwork for a DNR without explaining the forms to her. What should have been done to prevent liability in this case? Select all that apply. Provide informed consent Fully explain to Mrs. D. the concept of DNR vs. advanced directive Refused the request for a DNR Destroy DNR as soon as she realized there was a misunderstanding
Provide informed consent Fully explain to Mrs. D. the concept of DNR vs. advanced directive
Do you know what type of law the Nurse Practice act falls under? Constitutional Regulatory Common
Regulatory
A nurse has cared for many patients who have the same practitioner. The nurse observes that the treatment plans for the patients are antiquated and do not follow standard treatment guidelines. The nurse is concerned for the safety of the patients. What action can the nurse take? Tell the patients to seek care from another provider Report the provider to OSHA Report the provider to the National Practitioner Data Bank There is nothing the nurse can do without harming the provider's reputation
Report the provider to the National Practitioner Data Bank
Which of the following is true about the legal requirements for practicing nursing? Requirements for RN licensure appear in each state's nurse practice act The State Board of Nursing has no legal authority to implement the nurse practice act Most nurse practice acts do not contain information related to license revocation Penalties for practicing without a license are determined at the federal level
Requirements for RN licensure appear in each state's nurse practice act
The new oncology nurse is getting ready to come off of orientation. Which action will decrease the risk of liability for criminal or civil charges? Plan to obtain chemotherapy certification Review notes from orientation Chart completely, concisely, and accurately at the end of each shift Review the nurse practice act
Review the nurse practice act
When providing the oncoming shift with change of shift report, the use of this type of nursing handoff may decrease the nurse's liability risk. SBAR—situation, background information, assessment, recommendations APIE—assessment, plan, intervention, evaluation SOAP—subjective, objective, assessment plan DAR—data, action, response reporting
SBAR—situation, background information, assessment, recommendations
A nurse and physician are overheard disagreeing about a patient's treatment plan. The physician angrily shouts at the nurse, "You are a detriment to your patients. You are useless and the care you give is scary." The patient's family members and other visitors on the floor overheard these statements. The statements made by the physician could be considered: Negligence Slander Libel Breach of duty
Slander
The effective nurse leader knows that the Nurse Practice Act is governed by which of the following? Local statutes Constitutional law Board of Governors State Boards of Nursing
State Boards of Nursing
Nurse practice acts are regulated by which type of law? Common law (e.g., informed consent) Regulatory law (e.g., Civil Rights Act) Statutory law established by Congress (e.g., Medicare regulations) Constitutional law (e.g., freedom of speech)
Statutory law established by Congress (e.g., Medicare regulations)
The Affordable Care Act is an example of which type of law? Statutory law established by Congress (e.g., Medicare regulations) Constitutional law (e.g., freedom of speech) Common law (e.g., informed consent) Regulatory law (e.g., Civil Rights Act)
Statutory law established by Congress (e.g., Medicare regulations)
Which statement is true about the legal requirements for practicing nursing as outlined in nurse practice acts? Select all that apply. Penalties for practicing without a license are determined at the federal level The State Board of Nursing (SBN) has legal authority to implement the nurse practice act Most nurse practice acts contain minimum standards for nursing education programs Requirements for RN licensure appear in each state's nurse practice act State Boards of Nursing (SBNs) are composed of state governors
The State Board of Nursing (SBN) has legal authority to implement the nurse practice act Most nurse practice acts contain minimum standards for nursing education programs Requirements for RN licensure appear in each state's nurse practice act
Why is it important for nurses to address multicultural issues in professional practice? The United States is becoming more culturally diverse and will continue to do so in the future. Because more pertinent issues are facing nursing practice at this time, cultural care is not a priority. Because more nurses are immigrating to the United States from other countries It is the right thing to do.
The United States is becoming more culturally diverse and will continue to do so in the future.
Which is true of the State Board of Nursing? Only one of the members of the board is required to be a nurse The board is appointed by the governor The American Nurses Association is responsible for its creation It is governed by constitutional law
The board is appointed by the governor
What is culture? A state in which one feels totally disconnected from a group because of extreme differences in values A practice that is absolutely forbidden by a group Variations in physical appearance The complex whole and values, beliefs, practices and habits of individuals or groups of people
The complex whole and values, beliefs, practices and habits of individuals or groups of people
Who is ultimately responsible for knowing the impact of laws on the care nurses provide? The health care organization The nurse The nurse manager Lawmakers
The nurse
Intentional torts differ from unintentional torts in that with intentional torts: The person has limited knowledge of the legal limits of their actions The person has knowledge of the permitted legal limits of his or her words or acts The torts are referred to as negligence The person is not aware of the extent of the laws governing their actions
The person has knowledge of the permitted legal limits of his or her words or acts
An RN strikes a psychiatric patient who is taunting the RN, yelling "Hit me!" True or false: This is an example of abuse even though the patient was actively asking for it.
True
True or false: Institutional policies, protocols, and procedures need to be followed even if you know a better way to do something.
True
Mrs. D., a 42-year-old female, was admitted to the hospital for a routine hysterectomy. She informs her nurse, "I think I'd like a DNR." The nurse obtains the proper paperwork and, without explaining the concept of DNR to Mrs. D., asks Mrs. D. to sign the consent forms, then obtains the DNR order from the primary care provider. Mrs. D. thanks the nurse and states, "Good. I want to be sure that I am not placed on any artificial machine to keep me breathing." The nurse then leaves the room and attends to another patient. Did the nurse violate any laws or regulations, making her liable?
Yes
A nurse cares for a patient who has a mutual friend. The nurse calls the mutual friend to share that the patient has had a healthy baby girl. Could this lead to legal action?
Yes. This is an example of a HIPAA violation, and it is a criminal offense
True or false: The State Board of Nursing can only revoke or suspend a nurse's license if the nurse is convicted of a criminal offense.
false