PrepU Ch7 Legal Dimensions of Nursing Practice

An alert, older adult has been deemed to be in imminent danger of harm to self and is being held on the mental health unit for 72 hours. The client begins to scream and demand they be discharged now. The nurse informs the client that if they do not stop screaming, they will be given a sedative and placed on restraints. Complete the following sentence by choosing from the lists of options. Legally, the nurse may be charged with (battery, assault, false imprisonment) because of (putting the client on restraints, not discharging the client, verbally threatening to administer a sedative)

Assault verbally threatening to administer a sedative

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

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

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. Fraud c. Assault d. Defamation of character

a. Battery

A nurse and the facility have been named as defendants in a malpractice lawsuit. In addition to the nurse's attorney, whom else would be appropriate for the nurse to talk with about the case? a. The agency's risk manager b. A colleague c. The local press d. The plaintiff's lawyer

a. The agency's risk manager

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

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

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 initiate litigation c. To document the need for disciplinary action d. To document everyday occurrences

a. To improve quality of care

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

a. To protect the safety of the public

A nursing student administers an overdose of an opioid to a client and the client arrests. When discussing the incident with nursing faculty, which statements made by the student indicate the need for further teaching? Select all that apply. a. "I should have informed you that I felt unprepared for my assignment." b. "I cannot be held liable because this is only my second time at this facility." c. "I realize that I am held to the same standards as a registered nurse." d. "I am glad I am a student because nursing faculty will be blamed, not me." e. "I have also put the nursing faculty at risk with my action."

b. "I cannot be held liable because this is only my second time at this facility." d. "I am glad I am a student because nursing faculty will be blamed, not me."

Nursing students are discussing the requirement that they carry personal professional liability insurance as students. The nurse instructor should offer additional information when which statements are made? Select all that apply. a. "We are held to the same standards of care as the RNs at the hospital." b. "I will be protected both as a student and at my CNA job." c. "I think this is an unnecessary expense." d. "Since I am a student, my instructor is the one liable if I make a mistake." e. "I thought we would be covered by the hospital's malpractice insurance."

b. "I will be protected both as a student and at my CNA job." c. "I think this is an unnecessary expense." d. "Since I am a student, my instructor is the one liable if I make a mistake." e. "I thought we would be covered by the hospital's malpractice insurance."

Which action constitutes battery? a. The nurse threatens to restrain a client if the client does not take a medication. b. An older adult client refuses an intramuscular injection, but the nurse administers it. c. While bathing a client behind pulled curtains, two nurses discuss a different client. d. The nurse tells a client that the client cannot leave the hospital because the client is seriously ill.

b. An older adult client refuses an intramuscular injection, but the nurse administers it.

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

b. Assault

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. The second nurse could be charged with libel. 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. No charges are valid because both nurses are involved in the client's care.

b. The first nurse could be charged with slander.

Which process evaluates and recognizes educational programs as having met certain standards? a. Licensure b. Certification c. Accreditation d. Credentialing

c. Accreditation

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. Unintentional tort b. Negligence of duty c. Invasion of privacy d. Defamation of character

c. Invasion of privacy

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. Call the physician and get the discharge paper signed. b. Restrain the client until medical treatment is over. c. Let the client go after signing a document stating that the client is going against medical advice. d. Warn the client that the client may not be able to access health care again.

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

The client being admitted to the oncology unit conveys wishes regarding resuscitation in the event of cardiopulmonary arrest. The nurse advises the client that it would be in the client's best interest to obtain which document? a. Proof of health care power of attorney b. A will c. A proxy directive d. A living will

d. A living will

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. a. The nurse executes the health care provider's prescriptions without questioning them. b. The nurse claims management is responsible for inadequate staffing leading to negligence. c. The health care provider is responsible for administration of a wrongly prescribed medication. d. The nurse educates the client about what to expect during the hospital stay. e. The nurse confirms informed consent was give by the client to perform a procedure. f. The nurse documents all client care in a timely manner.

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

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 rules made by the board of nursing don't reflect my practice." b. "The board of nursing exists to protect the safety of the public." c. "Board of nursing rules keep unlicensed people from practicing nursing." d. "The board of nursing is established by state legislation."

a. "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's service 3 times without a response. Tepid sponge bath given and nursing supervisor notified. b. 1300: Client temperature elevated. Telephoned health care provider's service several times with no response. Will notify nursing supervisor during rounds. c. 1300: Client temperature elevated. Telephoned health care provider 3 times. As usual, health care provider did not respond. 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.

a. 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 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. Malpractice b. Assault c. Negligence d. Battery

a. Malpractice

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. Tort b. Felony c. Defamation d. Slander

a. Tort

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. Causation b. Breach of duty c. Damages d. Duty

b. Breach of duty

Having recently completed a specialty nursing program in neonatal care, a nurse is now preparing to leave the medical unit and begin providing care in the hospital's neonatal intensive care unit (NICU). The nurse has completed which process of credentialing? a. Licensure b. Certification c. Accreditation d. Validation

b. Certification

A nurse working on a busy medical-surgical unit does not take the vital signs of client who is preparing for discharge but instead documents the same vital signs obtained for this client earlier in the morning. For which tort would the nurse be potentially liable? a. Assault b. Fraud c. Battery d. False imprisonment

b. Fraud

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. Invasion of privacy c. Slander d. Assault

b. Invasion of privacy

When talking with family over dinner, the nurse shares about a client with infertility at the hospital, identifying the person by name. Which tort has the nurse committed? a. Fraud b. Invasion of privacy c. Slander d. Assault

b. Invasion of privacy

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. Negligence b. Slander c. Libel d. Malpractice

b. Slander

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

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

Nurses are occasionally asked to witness a testator's (person who makes the will) signing of a will. Which guideline is true regarding a nurse's role in witnessing a testator's signature? a. Witnesses do not need to observe the signing of the will and can sign it at a later time. b. Witnesses to a signature do not need to read the will. c. A single witness is sufficient for a will. d. A beneficiary to a will is allowed to act as a witness.

b. Witnesses to a signature do not need to read the will.

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 has signed the consent form. b. The nurse informs the family about advance directives. c. The nurse confirms that the client's family has signed the consent form. d. The nurse informs the family about the living will.

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

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 physician. 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 warn the client that the client cannot come to the hospital again. 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 have the client restrained and call the physician

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

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'm busy right now but can talk later." c. "I will call the client and ask for permission to share this information with you." d. "I cannot give you that information due to client confidentiality.

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

Which is an example of an unintentional tort? a. A nurse threatens to restrain a client if the client does not stop talking. b. Nurses discuss a client's laboratory values in the elevator. 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.

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

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

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 physician's order or the client's consent. The nurse is at risk of being accused of which action? a. Negligence b. Slander c. Malpractice d. Battery

d. Battery

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 hospital b. The nurse instructor c. The student nurse d. The student nurse, the nurse instructor, and the hospital

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

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. defamation. b. fraud. c. assault. d. battery.

d. battery.

When the nurse informs a client's employer of the client's autoimmune deficiency disease, the nurse is committing the tort of: a. breach of contract. b. assault. c. battery. d. invasion of privacy.

d. invasion of privacy.