Evolve Adaptive Quiz - Legal
Which functions are registered nurses legally permitted to perform in a mental health hospital? Select all that apply. 1. Psychotherapy 2. Health promotion 3. Case management 4. Prescribing medications 5. Treating human responses
2. Health promotion 3. Case management 5. Treating human responses Health promotion, case management, and treating human responses are all within the legal scope of nursing practice. Registered nurses may use counseling interventions but may not perform psychotherapy; the members of the nursing team permitted to perform psychotherapy are psychiatric/mental health clinical nurse specialists and psychiatric/mental health nurse practitioners. Only those who are legally licensed to prescribe medications, such as psychiatric nurse practitioners, may do so.
A nurse is preparing a lecture for a group of nursing students related to ethics and legal principles. Which statement would be appropriate to include? 1. Beneficence emphasizes promoting good, actively seeking benefit, and ensuring the client's well-being. 2. After the nurse has delegated a task or activity, the unlicensed assistive personnel (UAP) is accountable for the task or activity. 3. Social justice is an obligation to protect a client as an advocate when a client is not capable of self-determination. 4. There is a universal list that all states use that describes tasks that can be safely delegated and assigned to nursing team members.
1. Beneficence emphasizes promoting good, actively seeking benefit, and ensuring the client's well-being. Beneficence is the ethical principle that emphasizes promoting good, actively seeking benefit, and ensuring the client's well-being. The nurse is always accountable for the task or activity that is delegated. Social justice refers to equality, the idea that all clients should be treated with fairness and equity. Each state designates which tasks may be safely delegated and assigned to nursing team members; there is no universal list that all states use to describe tasks that can be delegated.
A client who is legally blind is admitted to the hospital for surgery. Which nursing action is most appropriate when caring for this client? 1. Enter the room while speaking softly. 2. Touch the client gently before speaking. 3. Hold the client by the elbow when ambulating. 4. Keep the furniture in the same location in the room.
4. Keep the furniture in the same location in the room. Placing furniture and objects in the same location in the room promotes safety and independence. Entering a room while speaking softly can increase anxiety because the client may not be able to identify what is happening. Touching the client gently before speaking can startle the client and increase anxiety; speak to the client before touching. The blind client should hold the nurse's elbow when ambulating.
An adult client with schizophrenia is involuntarily admitted to the psychiatric unit. While off the unit for needed testing, the client runs away. Legally, who should the nurse notify immediately? 1. Probate judge 2. Client's family 3. Client's psychiatrist 4. Law enforcement officer
4. Law enforcement officer Legally it is the responsibility of the staff to notify law enforcement officers so the client can be apprehended. A judge may be involved later in a nonemergency situation. Although the family and psychiatrist will be notified eventually, neither is the priority.
A nurse notes that a client with dementia refuses to eat. Instead of informing the primary healthcare provider, the nurse threatens to force-feed the client, and proceeds to apply restraints in order to do so. What legal charges may be brought up against the nurse? Select all that apply. 1. Libel 2. Assault 3. Malpractice 4. Invasion of privacy 5. False imprisonment
2. Assault 3. Malpractice 5. False imprisonment In the given situation, the nurse threatens to force-feed the client, which is an example of assault. If the nurse fails to inform the primary healthcare provider regarding the problem faced when feeding the client, the nurse may be charged with malpractice for this action. Applying restraints to a client without the orders of the primary healthcare provider is considered false imprisonment.
Which nursing action is legally required? 1. Providing health teaching regarding family planning 2. Offering first aid at the scene of an automobile collision 3. Reporting incidents of suspected child abuse to the appropriate authorities 4. Administering resuscitative measures to an unconscious child pulled from a swimming pool
3. Reporting incidents of suspected child abuse to the appropriate authorities The reporting of possible child abuse is required by law, and the nurse's identity can remain confidential. The nurse is functioning in a professional capacity and therefore can be held accountable. Although the Good Samaritan Act protects health professionals, the nurse is still responsible for acting as any reasonably prudent nurse would in a similar situation.
A visitor from a room adjacent to a client asks the nurse what disease the client has. The nurse responds, "I cannot discuss any client's illness with you." What legal issue supports the nurse's response? 1. Libel 2. Slander 3. Negligence 4. Invasion of privacy
4. Invasion of privacy The release of information to an unauthorized person, such as gossiping about a client or unwanted intrusion into private family matters, constitutes invasion of privacy. Libel occurs when a person writes false statements about another person that may injure the individual's reputation. Slander occurs when a person verbally defames, detracts from, or maligns another's reputation. Negligence is a careless act of omission or commission that results in injury to another person.
Litigation resulting from improper restraint use is a common nursing legal issue. A nursing student is listing points related to the use of restraints. Which factor needs correction? 1. Restraints can be used when less restrictive interventions are not successful. 2. Restraints can be used when all other alternatives have been tried and exhausted. 3. Restraints can be used only to ensure the physical safety of the resident or other residents. 4. Restraints can be used anytime without a written order from the healthcare provider.
4. Restraints can be used anytime without a written order from the healthcare provider. Restraints can be used only on the written order of a healthcare provider. Restraints can be used when less restrictive interventions are not successful. Restraints may be used after all available alternatives have been tried and exhausted. Restraints can be used only to ensure the physical safety of the resident or other residents.
Which nursing action is not likely to cause legal issues? 1. Using restraints on a non-cooperative client 2. Refraining from reporting suspected child abuse 3. Refraining from leaving the client during a staffing shortage 4. Allowing nursing assistive personnel (NAP) to administer medications
3. Refraining from leaving the client during a staffing shortage The nurse should not abandon clients if there is a staffing shortage. This action helps to avoid legal complications. Using restraints without the order of the primary healthcare provider may lead to battery and false imprisonment charges. The nurse should always report cases of suspected child abuse. A nurse should never allow nursing assistive personnel (NAP) to administer medications because this action may lead to malpractice charges.
A nurse is teaching staff members about the legal terminology used in child abuse. What definition of battery should the nurse include in the teaching? 1. Maligning a person's character while threatening to do bodily harm 2. A legal wrong committed by one person against property of another 3. The application of force to another person without lawful justification 4. Behaving in a way that a reasonable person with the same education would not
3. The application of force to another person without lawful justification Battery means touching in an offensive manner or actually injuring another person. Battery refers to actual bodily harm rather than threats of physical or psychological harm. Battery refers to harm against persons, not property. Behaving in a way that a reasonable person with the same education would not is the definition of negligence.
What legal complications might a nurse face for using a restraint without a legal warrant on a client? 1. The nurse may be charged with libel. 2. The nurse may be charged with negligence. 3. The nurse may be charged with malpractice. 4. The nurse may be charged with false imprisonment.
4. The nurse may be charged with false imprisonment. If a nurse uses restraints without a legal warrant on a client, he/she may be charged with false imprisonment. Libel is the written defamation of character. Negligence is any conduct that falls below the standard of care. Malpractice is a type of negligence that is regarded as professional negligence.
The client is experiencing postoperative pain and requests a pain shot. Which of the following healthcare providers are legally permitted to administer an intramuscular (IM) injection to the client? Select all that apply. 1. Registered nurse (RN) 2. Licensed practical nurse (LPN) 3. Licensed vocational nurse (LVN) 4. Unlicensed nursing personnel (UNP) 5. Unlicensed assistive personnel (UAP)
1. Registered nurse (RN) 2. Licensed practical nurse (LPN) 3. Licensed vocational nurse (LVN) In this situation, the LPN and LVN can administer the IM medication; the RN can also administer the medication through IM when the condition is severe. The UNP and UAP can obtain, record, and report vital signs as delegated.
What key points should the nurse keep in mind about the legal implications of nursing practice? Select all that apply. 1. Ensure that the nurse knows all the laws and that these laws are applied in the nursing practice, whenever required. 2. Ensure that the primary healthcare providers' orders are followed unless they appear to be incorrect or inappropriate. 3. Ensure that all incident and occurrence reports are filed only for errors that have caused injury to the client. 4. Ensure that the client has given consent to any surgery or therapy voluntarily or involuntarily. 5. Ensure that the nurse can makes a formal protest to the nursing administrator if he or she is asked to take care of more clients than is reasonable.
1. Ensure that the nurse knows all the laws and that these laws are applied in the nursing practice, whenever required. 2. Ensure that the primary healthcare providers' orders are followed unless they appear to be incorrect or inappropriate. 5. Ensure that the nurse can makes a formal protest to the nursing administrator if he or she is asked to take care of more clients than is reasonable. The nurse should have knowledge of all the laws and apply them in nursing practice, whenever required, to prevent any legal complications. The nurse should ensure that the primary healthcare providers' orders are followed unless they appear to be incorrect or inappropriate. The nurse should approach the nursing administration to make a formal protest if he or she needs to take care of more clients than is reasonable. The nurse should ensure that all the incident and occurrence reports are filed for errors even when someone is not injured. The nurse should ensure that the client has given informed consent for any surgery or therapy voluntarily.
The legal authority has delegated the tasks according to the model of analysis type of care. Which statements are true regarding the model analysis? Select all that apply. 1. Model analysis improves client satisfaction. 2. Model analysis is a cost-effective idea for client care. 3. Quality control is better in the model analysis type of care. 4. Model analysis promotes organizational decision-making at lower levels. 5. Model analysis promotes adequate communication among the staff members.
1. Model analysis improves client satisfaction. 2. Model analysis is a cost-effective idea for client care. 4. Model analysis promotes organizational decision-making at lower levels. Model analysis is a type of care that benefits clients in terms of satisfaction of care being provided. In model analysis, the team nursing method is followed. It is a cost-effective system because it works with an expected ratio of unlicensed to licensed personnel. Organizational decision making occurs at lower levels in model analysis. Control of quality is lower in model analysis. There may be inadequate communication among staff members due to the higher potential for fragmentation of care.
What important points should the nurse keep in mind regarding orders from a primary healthcare provider to prevent any legal complications? Select all that apply. 1. Registered nurses should follow the primary healthcare provider's order unless the order seems to be harmful or is incorrect. 2. Registered nurses should ensure that nursing students verify verbal orders by reading them out to the primary healthcare provider. 3. Registered nurses should be aware that following an inappropriate order does not make them legally responsible for any harm to the client. 4. Registered nurses should inform the nursing supervisor if the order looks inappropriate but the primary healthcare provider is required to confirm the order. 5. Registered nurses should document that the primary healthcare provider was notified about an incorrect order, along with his or her response, follow-up, and the client's response.
1. Registered nurses should follow the primary healthcare provider's order unless the order seems to be harmful or is incorrect. 4. Registered nurses should inform the nursing supervisor if the order looks inappropriate but the primary healthcare provider is required to confirm the order. 5. Registered nurses should document that the primary healthcare provider was notified about an incorrect order, along with his or her response, follow-up, and the client's response. The nurse should follow the primary healthcare provider's order unless the order seems to be harmful or is incorrect. The nurse should inform the nursing supervisor if the order does not look appropriate; however, the primary healthcare provider should confirm whether the order is correct. The nurse should document that the primary healthcare provider was notified along with his or her response, follow-up, and the client's response to prevent any legal complications. The nursing student should never be allowed to take verbal orders. Nurses who follow an inappropriate order are legally responsible for any harm to the client.
What childhood problem has legal as well as emotional aspects and cannot be ignored? 1. School phobia 2. Fear of animals 3. Fear of monsters 4. Sleep disturbances
1. School phobia School phobia is a disorder that cannot legally be ignored for long because children must attend school. It requires intervention to alleviate the separation anxiety and promote the child's increasing independence. Fear of animals and monsters and sleep disturbances all require parents to comfort the child, to reorient the child to reality, and to help the child regain self-control. Legally there are no requirements mandating treatment for these common childhood problems.
In order to prolong a hospitalization stay, the nurse documents in a client's electronic health record (EHR) that there are no signs of recovery. However, in reality, the client appears to be cured of the illness. What legal implication does the nurse's action have? 1. The nurse may be charged with libel. 2. The nurse may be charged with slander. 3. The nurse may be charged with malpractice. 4. The nurse may be charged with invasion of privacy.
1. The nurse may be charged with libel. Written defamation of character is known as libel. The nurse may be charged with libel because he or she makes false entries in the client's medical records. Speaking falsely about another individual amounts to slander. Malpractice occurs if nursing care falls below the professional standards of care. If the nurse divulges a client's medical information to unauthorized personnel, this action is an invasion of privacy.
During a newborn assessment the nurse identifies that the temperature, pulse, respirations, and other physical characteristics are within the expected range. The nurse records these findings on the clinical record. Legally, how should the nurse's action be interpreted? 1. The nurse performed her role correctly. 2. This is a medical diagnosis and the nurse overstepped the legal boundary. 3. Nursing assessments are not equivalent to a primary healthcare provider's assessments. 4. The initial assessment of the infant's physical status is the responsibility of the client's primary healthcare provider.
1. The nurse performed her role correctly. Accurate documentation of the infant's status is an integral component of nursing care. This is a physical assessment, not a medical diagnosis, and is within the nurse's role. Assessments should not differ when done by the nurse. The nurse is capable of independently performing a physical assessment.
A client is scheduled for skin cancer surgery and has not signed the consent form. Which situation will cause the nurse to legally delay signing the operative consent? 1. Ambivalent feelings are present and acknowledged. 2. A sedative type of medication has been given recently. 3. A complete history and physical has not been performed and recorded. 4. A discussion of alternatives with two primary healthcare providers has not occurred.
2. A sedative type of medication has been given recently. Sedation may interfere with the client's knowledge of the consent form. Many clients face contradictory feelings regarding their impending surgery, but their consent is legal unless they withdraw the consent. A complete history and physical examination are needed before surgery, but they do not affect the legality of consent. A second opinion is not required for a consent to be legal.
A parent objects to the child's getting vaccinated because she believes that vaccinations can cause autism. However, a nurse gives the child the vaccination injection against the wishes of the mother. What legal charge may be brought against the nurse? 1. Assault 2. Battery 3. Invasion of privacy 4. False imprisonment
2. Battery Battery is any intentional touching without consent. Because the nurse has administered the injection without obtaining consent, he or she is liable for a charge of battery. Assault is any action that places a person in apprehension of harmful or offensive contact without consent. Invasion of privacy involves unwanted intrusion into the private affairs of a client. False imprisonment means unjustified restraint of a person without a legal warrant.
A client with a mental illness in the emergency unit needs to undergo an emergency surgery. What would be the nurse's first course of action to prevent any legal complications? 1. Wait for a court order to intervene on the client's behalf. 2. Obtain consent from a person legally authorized to give it on the client's behalf, if available. 3. Obtain a court order to state that the client is incompetent to decide for himself or herself. 4. Request that the primary healthcare provider start the procedure without the client's consent.
2. Obtain consent from a person legally authorized to give it on the client's behalf, if available. The nurse should ideally try to obtain consent from a person legally authorized to give it on the client's behalf in case of an emergency situation. Clients with mental illnesses have the right to refuse treatment until a court has legally determined that they are incompetent to decide for themselves. However, in case of emergency situations, healthcare providers should not wait for a court order. In case healthcare providers are unable to obtain consent, the primary healthcare provider can start with the procedure to save the client's life. In such circumstances the law accepts that the client would wish to be treated.
What are the best ways for a nurse to be protected legally? Select all that apply. 1. Ensure that a therapeutic relationship with all clients has been established. 2. Provide care within the parameters of the state or provinces standards for nursing practice. 3. Carry at least $100,000 worth of liability insurance. 4. Document consistently and objectively. 5. Clearly document a client's nonadherence to the medical regimen.
2. Provide care within the parameters of the state or provinces standards for nursing practice. 4. Document consistently and objectively. 5. Clearly document a client's nonadherence to the medical regimen. Malpractice or negligence must be proven legally. If a nurse is providing the best possible care under the circumstances, and within the scope of nursing practice, it would be difficult to prove allegations. Consistent, objective, and clear documentation also support practice within legal parameters. It is unrealistic that the nurse will have a therapeutic relationship with all clients. Liability insurance protects the nurse if found guilty and a monetary award is made, but it does not reduce the possibility of litigation.
In order to minimize the likelihood for error during intravenous administration of antibiotics, the legal authority advised the delegatee to wear a colored vest that says, "Do not disturb! Medication administration in process." Which delegatee is appropriate to follow the advice of legal authority? 1. Nursing aide Correct2. Registered nurse 3. Patient care associate 4. Licensed vocational nurse
2. Registered nurse Administration of intravenous (IV) medications is under the scope of practice of the registered nurse. The nursing aide is unlicensed and his or her scope of practice does not permit the administration of IV medications. The patient care associate is also unlicensed assistive personnel whose scope of practice would not permit the administration of IV medications. A licensed vocational nurse can only administer intramuscular medication and oral medications for the client.
What is the professional nurse's legal responsibility regarding child abuse? 1. Honor the request of the parents not to report the suspected abuse. 2. Report any suspected abuse to local law enforcement authorities. 3. Return the child to the legal parent even if he or she is suspected of abuse. 4. Provide the parents with a copy of the child's medical record.
2. Report any suspected abuse to local law enforcement authorities. Nurses and primary healthcare providers are legally responsible for reporting suspected or actual abuse. Child protective services may obtain a court order to grant temporary guardianship if it is found that the child is in immediate danger. The other answer options do not fulfil the nurse's duty to report suspected child abuse.
A client is admitted into the mental health unit involuntarily. What course of action should the nurse take in order to prevent legal complications? 1. Document that the client is a danger to himself or herself and others 2. Keep the client under supervision to prevent suicide attempts 3. File with the court within 96 hours of the client's initial detention 4. Detain the client for psychiatric treatment for no longer than 21 days
3. File with the court within 96 hours of the client's initial detention If a client is admitted to the mental health unit involuntarily, the nurse should file with the court within 96 hours of the initial detention. This action helps avoid level complications. If the nurse files for an involuntary detention with the court, the judge determines whether the client is a danger to himself or herself or others. The nurse is required to supervise all clients at risk for suicide to prevent such incidents from occurring in the facility. This precaution is not limited to clients who are admitted involuntarily. The client may be detained for 21 days for psychiatric treatment only if the judge grants an involuntary detention after assessing the client's condition.
The family of a client infected with human immunodeficiency virus (HIV) wants to see the results of the client's blood tests, unaware that the client is infected. A nurse obliges the family's request without waiting for the client's consent. What legal charge may be brought against the nurse? 1. Slander 2. Negligence 3. Invasion of privacy 4. Defamation of character
3. Invasion of privacy Invasion of privacy is unwanted intrusion into the private affairs of a client. In this situation, the nurse has divulged the client's confidential medical information to family members without consent. Slander is when one person speaks falsely about another. In this situation, the nurse has not given false information about the client. Negligence is conduct that falls below the established standard of care. The nurse in this situation has not engaged in any negligent acts. Defamation of character is the publication of false statements that could damage a person's reputation. The nurse has not damaged the reputation of the client with false statements.
A nurse administers intravenous (IV) therapy to the wrong client. What possible legal complications might the nurse face in such situation? 1. Assault 2. Battery 3. Malpractice 4. False imprisonment
3. Malpractice If a nurse administers IV therapy to a wrong client, the nurse may face the charge of malpractice. Assault is any action that places the client or the nurse in fear of a harmful or offensive contact without consent. Battery is any intentional touching without consent. False imprisonment occurs with unjustified restraint of a person without legal warrant.
A nurse fails to act in a reasonable, prudent manner. Which legal principle is most likely to be applied? 1. Malice 2. Tort law 3. Malpractice 4. Case law
3. Malpractice Malpractice is the unskilled or faulty treatment by a professional that causes injury or harm to a client. It can result from a lack of professional knowledge or skill that can be expected in others in the profession, or from a failure to exercise reasonable care or judgment in the application of professional knowledge, experience, or skill. Malice is the desire or intent to inflict injury, harm, or suffering. Tort law is a wrongful act, not including a breach of contract of trust, that results in injury to another person and for which the injured person is entitled to compensation. Case law is law established by judicial decisions in particular cases instead of by legislative action.
A client with a history of gambling is experiencing legal difficulties for embezzling money and has been required to obtain counseling. During an intake interview the client says, "I never would have done this if I'd been paid what I am worth." What factor will create the greatest difficulty in helping this client develop insight? 1. Feelings of boredom and emptiness 2. Grandiosity related to personal abilities 3. Projection of reasons for difficulties onto others 4. Anger toward those who are in authority positions
3. Projection of reasons for difficulties onto others The development of insight is impeded by the client's unwillingness or inability to face his own contribution to a problem. Feelings of boredom and emptiness will not impede the development of insight. Such feelings are common in clients with borderline personality disorders. Grandiosity will not impede the development of insight. It is often a cover for feelings of inadequacy, which are threatening to the client; these feelings usually disappear with insight. Anger will not impede the development of insight. It is not the anger itself but instead how the anger contributes to interpersonal difficulty that the client must recognize.
A client signs a legal consent for hip replacement surgery. Shortly before surgery, the client states, "I decided not to go through with the surgery." Which is the best initial response by the nurse? 1. "Then you shouldn't have signed the consent." 2. "I can understand why you changed your mind." 3. "Tell me why you decided to refuse the operation." 4. "Let's talk about your concerns regarding the procedure."
4. "Let's talk about your concerns regarding the procedure." The response "Let's talk about your concerns regarding the procedure" attempts to explore why the client is refusing the procedure and promotes communication. The response "Then you shouldn't have signed the consent" is accusatory; the client has the right to withdraw consent at any time. The response "I can understand why you changed your mind" draws a conclusion without adequate data; also, it may increase the client's anxiety level. The response "Tell me why you decided to refuse the operation" may be too direct and authoritative; also it may put the client on the defensive.
Which of the following legal defenses are the most important for a nurse to develop? 1. Dedication 2. Certification 3. Assertiveness 4. Accountability
4. Accountability The concept of accountability is of high priority in nursing practice. As a licensed professional, the nurse is always accountable, which means liable and answerable for his or her actions. Dedication means to be committed, and assertiveness means to be confident. These are desired characteristics in a nurse but not legal defenses. Certification relates to achieving a higher level of knowledge or proficiency in one's area of specialization and is also not a legal defense.
A nurse, providing care in a hospital skilled nursing unit, witnesses a client's spouse shaking the elderly client vigorously because the client has had an episode of incontinence. Because of the suspicion of physical abuse, legally the nurse should discuss the concerns with managers and report the abuse to which party? 1. The client 2. The client's spouse 3. The client's primary healthcare provider 4. Adult Protective Services
4. Adult Protective Services The nurse has a legal responsibility to report suspicions of abuse to the appropriate agency, which in this instance is Adult Protective Services. The client will not be able to understand the discussion. It is not the nurse's responsibility to directly challenge the spouse's behavior in this situation; the nurse may act as a client advocate by interrupting the spouse's behavior and providing immediate physical and emotional care. The nurse should then report suspicions of abuse to Adult Protective Services. Although the nurse may report suspicions about the spouse's behavior to the healthcare provider, the law requires that Adult Protective Services be notified. The term Adult Protective Services refers to the range of laws and regulations enacted to deal with abusive situations. The laws and regulations are typically administered by an agency within the state, for example, the Department of Social Services, which receives and investigates complaints.
The registered nurse is caring for an older client who is admitted with gastric ulcer and joint pains and is unable to perform activities of daily life (ADL). The legal authority has stated, "Provide the treatment according to the client's care sheet." Which delegatee should take up the task? 1. Orderlies 2. Certified nursing aide 3. Patient care associate 4. Licensed practical nurse
4. Licensed practical nurse The registered nurse will delegate the task of providing medication to the client to the licensed practical nurse (LPN). The LPN's scope of practice is to administer oral medications and to provide the treatment that is prescribed in the client's case sheet. Orderlies are unlicensed assistive personnel who are delegated with tasks such as providing basic care, hygiene care, and assisting the clients in ADLs. Certified nursing aides are also unlicensed assistive personnel whose scope of practice does not allow them to perform tasks such as administering medications. A patient care associate is an unlicensed assistive personnel who can care for the client with basic needs such as ADLs.
A client who was sexually assaulted and is aware of the possible legal implications decides to seek prosecution of the rapist. The nurse carefully listens and documents all assessments. This is done because with a charge of rape the burden of proof has which implication? 1. The burden of proof rests with the health team. 2. It is on the defendant to prove innocence. 3. Burden of proof must be established before the case will be heard. 4. The burden of proof rests with the criminal justice system in collaboration with the victim.
4. The burden of proof rests with the criminal justice system in collaboration with the victim. When the person who has been sexually assaulted chooses to seek prosecution of the rapist, the prosecutor must prove that rape occurred; the accused is innocent until proven guilty. The medical team may be asked to provide evidence at the trial, but the state, with the victim's help, must prove that the rapist is guilty. The defendant tries to establish innocence in a rape case. Guilt or innocence will be established by a jury, with the burden of proof placed on the victim.