Legal Exam Questions Modules 1-3
A lawsuit has been filed claiming that a nurse's actions caused the death of a neonate. Why does the attorney for the plaintiff want to prove proximate cause? a) proximate cause determines how far the nurse's liability extends for consequences of the alleged negligent actions b) the need for expert witnesses is eliminated because harm can be approximated c) a direct line of causation, from incident to injury, is proved d) to identify if the harm could have been predicted to result from the action of the defendant
A
A medical technician working in a physician's office routinely refers to herself as a nurse. Which type of licensure protects that title as well as the professional actions associated with nursing? a) mandatory b) institutional c) transitional d) permissive
A
A newly licensed RN complains to the preceptor about the amount of time spent documenting in the medical record. What is the preceptor's best response? a) "The most important reason we document is to help us communicate the patient's condition to the rest of the health care team" b) "Since you just took a course in nursing research, you should realize the value of accurate documentation as a source of research data" c) "We have to document so that charges are clear to third-party payers" d) "The medical record protects us as if a lawsuit is filed"
A
A nurse appointed to the Florida Board of Nursing would expect work focused on which primary purpose? a) establishing a means of protecting the public at large b) ensuring that all schools of nursing seek national accreditation c) ensuring that all practicing nurses are competent d) restricting nursing practice through regulations
A
A nurse has agreed to participate in a videotaped deposition in a malpractice case. What does this indicate? a) the nurse's testimony can be presented in court, even though the nurse is unavailable for the trial date b) the nurse is testifying as an expert witness c) the plaintiff's attorney believes the nurse is a liability for personal trial appearance, but will be credible on tape d) the nurse is afraid testimony will adversely affect
A
A nurse named in a malpractice case may wish to avoid the expense of a trail by going to arbitration. What is another rationale for using this process? a) there is no formal record made of the arbitration process b) arbitration is not binding, so if the parties do not like the outcome, nothing is lost c) there is no need to have attorney representation d) witnesses do not testify under oath and are easier to obtain
A
The nurse is involved as an expert witness in a civil court case where life support was withdrawn and the patient subsequently died. Which level of evidence is expected for this case? a) clear and convincing evidence b) voir dire evidence c) preponderance of evidence d) evidence beyond a reasonable doubt
A
A nurse returning to practice remarks that delegation is much more regulated and complicated than when she last practiced 20 years ago. What rationale would the nurse manager provide for this change? a) "The shortage of nurses has been the major reason that there are so many rules to follow when delegating." b) "Since nursing is trying to move back to the team approach to care delegation has become more important." c) "The introduction of multiple levels of professional staff members increases need for delegation rules and regulations." d) "The widespread return to primary nursing makes delegation more risky."
A
A physician reported a case of possible nursing malpractice to the Florida Board of Nursing. What action will be taken by the board? a) the complaint will be screened and an investigation initiated if appropriate b) nothing will be done as only another professional nurse is qualified to report nursing malpractice c) the nurse or nurses will be placed on probation pending investigation of the complaint d) the incident will be recorded as a "first strike" against the nurse or nurses invovled
A
Criminal charges have been brought against a nurse who made a medication error that resulted in a child's death. Which level of evidence is expected in this case? a) evidence beyond a reasonable doubt b) clear and convincing evidence c) discovery evidence d) preponderance of evidence
A
During a jury trial, the presence of a nurse-patient relationship is questioned. What kind of question is this and who would determine it? a) fact to be determined by the jury b) fact to be determined by the judge c) law to be determined by the judge d) law to be determined by the jury
A
Knowing the contents of one's job description can assist in providing care within the scope of the role. a) true b) false
A
Punitive damages of one million dollars were awarded to the family of a patient who died following a nursing medication error. What is true of these punitive damages? a) these damages are awarded to set an example to other nurses b) the jury believes the nurse's actions were an honest mistake c) this jury identified this case as representing simple negligence d) the damages are awarded instead of the nurse serving prison time
A
The ICU nurse manager has concerns that a staff nurse is no longer capable of competent patient care because of alcohol use. Repeated counseling sessions with the nurse have not changed the behaviors that are of concern. What action should be taken by the supervisor? a) report the concerns to the state board of nursing b) terminate the nurse's hospital employment c) transfer the nurse to a non-patient care position d) nothing as the nurse might sue the supervisor
A
The cardiac telemetry unit nurses repeatedly cautioned a patient not to leave the floor because input from telemetry monitors is limited to that area. The patient went to the cafeteria and suffered a fatal dysrhythmia. What is the nurses' best defense in the negligence lawsuit brought for the patient's survivors? a) assumption of risk b) defense of the fact c) immunity d) exculpatory agreement
A
The patient demands to see the actual medical record of a hospitalization that occurred 1 year ago. How should the hospital handle this request? a) have the patient come to the hospital to review the original record b) do not comply with this demand unless the patient provides a subpoena for the record c) send the patient a copy of the medical record by registered mail d) deny the demand; the patient has no legal right to this record
A
The registered nurse has delegated the task of ambulating a patient to two nursing assistants. The patient appears to ambulate without assistance, but must be ambulated with two assistants due to a history of unexpected fall. What is the most important aspect of delegating this task? a) the aides understand the importance of walking with the patient b) the patient is comfortable walking with the aides c) the aides understand the patient is to be ambulated twice daily d) the patient understands the need for assistance
A
The registered nurse who works in the obstetrics department is walking by the emergency department waiting room when a person cries out, "Help me! My mother is not breathing!" Does this nurse have a duty to assist? a) yes, the general duty of care exists to help in times of crisis or imminent harm b) no, the nurse is out of the normal working environment and should not interfere c) no, the nurse has no more duty to assist in this situation than a lay person d) yes, the nurse has the duty to provide the same standard of care as an emergency department nurse
A
What would the nurse identify as the most basic purpose of standards of care? a) to protect and safeguard the public as a whole b) to ensure that all patients receive state-of-the-art care c) to protect health care providers and prevent their giving less than quality care d) to ensure administrative agencies are protected from frivolous lawsuits
A
Which common practice puts the nurse at liability for invasion of patient privacy? a) during care the nurse reveals information about the patient to those in the room b) the nurse releases information about the patient to nursing students who will be caring for the patient the next day c) the nurse conducts a patient care session about a patient whose care is difficult and challenging d) confidential information regarding an admitted patient is released to third-party payers
A
A plaintiff's attorney decides to use the doctrine of res ipsa loquitur in a case against the urologist who perforated a patient's urethra during a cystoscopy. What must the plaintiff prove? Select all that apply. a) this complication doesn't generally occur unless someone provided negligent care b) the locality rules was in effect at the time of the procedure c) several agencies, from the manufacturer to the physician, were involved in the negligence d) the plaintiff had no control over the development of the perforation e) the event causing the perforation was deliberate
A and D
A patient incident occurred on the nursing unit. What should the nurse caring for the patient do in regard to the incident report? Select all that apply. a) include documentation in the medical record about the event that mandated completion of an incident report b) write a recommendation for future prevention of such incidents in the report c) carefully document the completion of an incident report in the nurse's notes d) assist the nursing supervisor who will write the report e) include only the facts and the nurse's observations in the incident report
A and E
The administration of a health care facility takes the ethical obligation of protecting patients very seriously. Which actions would help nurses meet standards of care? Select all that apply. a) create clearly written policy and procedure manuals b) encourage practitioners to find alternate, quicker ways to implement interventions c) refuse to tolerate those who are slow to adapt new standards of care d) emphasize protection of the hospital when developing internal standards and policies e) schedule regular views of policy and procedure manuals
A and E
The nurse discussing the Health Insurance Portability and Accountability Act (HIPAA) says, "I am aware that this act changed the way we handle confidential information." What other provisions of this act should the nurse consider? Select all that apply. a) an anti-fraud and anti-abuse program b) a law preventing portability of health care coverage c) establishment of state government as health care regulators d) tax incentives for preventive care e) streamlining of transfer of patient information between insurers and providers
A and E
Which action could result in the nurse being charged with conversion of property? Select all that apply. a) the nurse removes the patient's shirt and bra during treatment of a fractured ankle b) the nurse removes a package of cigarettes from a patient's robe pocket c) the nurse takes the patient's picture without permission d) the nurse searches a patient's suitcase for evidence of illegal drugs e) the nurse places a patient in four point restraints to place an NG tube
A, B
In providing quality nursing care, the following can be utilized and followed. Select all that apply. a) Identify and know your personal strengths and weaknesses b) follow safety protocols with medication administration of a drug when you are unfamiliar with the pharmacodynamics c) use SBAR only when you don't understand the provider's orders d) become and remain a life-long learned in the nursing profession e) safe and clear delegation of tasks to assistive personnel
A, B, D, E
A patient says, "I was told that my back pain is the result of care I received when I was in the hospital a year ago. How long do I have to file a lawsuit?" Which statements made by the nurse are appropriate? Select all that apply. a) "State laws differ on the statute of limitation for personal injury" b) "A general rule is 2 years from the time you knew what caused your injury" c) "It is too late if you knew you had back pain right after the fall" d) "You should move to Washington because their statute of limitation is longer" e) "In some cases it depends if the injury was due to trauma or disease"
A, B, and E
A nurse is scheduled to appear before the state board of nursing in regard to action against the nurse's license. Which occurrences would violate due process of law? Select all that apply. a) the time of the hearing was changed without adequate notice to the nurse b) the nurse was suspended by her private employer pending the outcome of this action c) the nurse was told the meeting was in regard to a complaint about the agency where the nurse was employed d) a tropical storm forced postponement of the board meeting until next month e) other nurses involved in the situation leading to the action were not similarly summoned before the board
A, C
In which scenarios would the nurse assume that apparent consent has been provided? Select all that apply. a) the patient follows directions to swallow sips of water as the nurse inserts an NG tube b) the patient's family member signed the consent to treat c) the patient smiled and held out his arm when the nurse said, "I need to start an IV line" d) the patient voluntarily signed a consent form for an invasive procedure e) an unconscious patient is brought to the hospital following a motor vehicle accident
A, C
A nurse working in the intensive care unit (ICU) notes that a patient is more confused and agitated than yesterday. Which nursing actions are evidence of patient advocacy? Select all that apply. a) the nurse assesses for common causes of confusion and agitation b) tell the family that confusion and agitation frequently occur after ICU admission c) the nurse contacts the patient's primary care provider regarding the confusion d) the nurse documents findings and actions in the medical record e) ask for assistance from the nurse manager if necessary
A, C, D, and E
Hospital administration requires that the committee seeking to change nursing policy and procedures review external sources for these standards. Where should the committee look for these standards? Select all that apply. a) current nursing literature b) individual nurse's experience and education c) federal organizations d) the hospital's position job descriptions e) state boards of nursing
A, C, E
While vacationing in a different state, the nurse encounters an emergency in which a person needs immediate care. What should the nurse assume about the Good Samaritan law of this state? Select all that apply. a) a Good Samaritan law exists in the state b) the nurse has a legal obligation to provide emergency care c) the nurse will be protected by the Good Samaritan law in the state of licensure d) the Good Samaritan law in this state may be different than the one in the state of licensure e) there is a standard definition of what constitutes an emergency
A, D
A nurse has been called to testify in a malpractice lawsuit. Which information should the attorney provide about the process of cross-examination? a) cross examination allows the nurse to ask questions of the opposing counsel b) during this process opposing counsel will try to refute the nurse's testimony c) cross examination is a process to ensure that both attorneys question all witnesses d) this process allows opposing counsel to explain the meaning of the nurse's testimony
B
A nursing advocacy organization would like to advocate for a modification of the Florida Nurse Practice Act and believes the best strategy is to contact the persons with authority to write and change this statutory law. Whom should the organization contact? a) Florida Nursing Association b) State legislature c) Governor of Florida d) Florida Board of Nursing
B
A patient brought suit against a hospital for injuries sustained in a fall. The case went to trial and the jury found for the hospital. Can the patient take this same suit and evidence to another trial court in hopes of a different decision? a) no, this is a landmark decision b) no, because of the doctrine of res judicata c) yes, stare decisis allows retrial d) yes, because of the doctrine of precedent
B
In caring for a 6-year-old who entered the emergency center for treatment of a broken arm, the nurse noted that the child had multiple bruises on his trunk and legs. When questioned, the child said his father hit him and broke his arm so that the child would remember to be good. What should the nurse do? a) chart that the child is a victim of child abuse, so that there is a record of the abuse should such behavior reoccur b) report the incident immediately to the nursing supervisor or physician so that the incident will be reported to the proper authorities c) do nothing, because the nurse can't prove the child was really abused, and saying anything could open the institution to a possible defamation lawsuit d) downplay the child's comments, because children often exaggerate
B
In which scenario is the nurse providing indirect supervision of a nursing assistant? a) the nursing assistant and nurse work on the same team, jointly providing care to inpatients b) the nurse is easily contactable by phone but is not present in the care environment c) the nurse makes rounds on the patient care units, observing the nursing assistant's work, at least every 2 hours d) the nursing assistant receives constant instruction regarding patient care from the nurse
B
The hospital-employed nurse volunteered to assist with physical examinations for athletes at the local high school. How does this situation affect the nurse's hospital malpractice insurance? a) the nurse is covered by the hospital's malpractice insurance as a community volunteer b) the nurse is very likely not covered by any malpractice insurance c) the nurse is covered by the school's insurance d) the nurse is exempt from liability for any occurrences because of the volunteer status of the work
B
The nurse has been sued for defamation after charting that the patient is a prostitute. What is the nurse's best defense in this case? a) define the contributing factors b) prove that the statement is true c) no defense exists for defamation d) provide hearsay evidence
B
The parents of a 17-year-old who is receiving state-funded substance abuse treatment have asked the provider for information about their child. What is the correct action by the health care provider? a) refuse the request as it is likely to interfere with the treatment plan b) release information only if the patient has signed consent to do so c) refuse the request pursuant to the provision of the common-law duty to disclose d) release the information immediately as parents always can receive information on minor children
B
The student nurse is searching for the legal guide to the practice of registered nurses. Which document should the nurse review? a) ANA code of ethics b) state nurse practice act c) nurse's bill of rights d) nightingale pledge
B
Upon entering a patient's room to complete discharge instructions, the nurse discovers the patient in tears. The business office has stated that the patient cannot leave until someone pays a portion of the hospital bill. What should the nurse do? a) call social services to request an immediate financial evaluation b) continue preparations for discharge, comforting the patient as much as possible c) stop discharge preparations until the patient is cleared by the billing office d) cancel the discharge plans and notify the physician of the patient's status
B
What does the court consider in determining the nurse's legal liability for standards of care? a) professional conduct, but not experience or education b) professional education, experience, and specific conduct c) professional education, but not experience or conduct d) professional experience, but not education or conduct
B
What is the single most critical factor in determining whether a particular nurse acted with reasonable care in a given situation? a) the number of years the nurse has practiced as a professional nurse b) how the nurse's conduct compares to that of nurses with similar background and experience c) the experience the nurse has in the particular clinical setting in which the situation occurred d) the ability of the nurse to perform according to his or her job description
B
Which statement, made by a staff nurse, would the nurse manager evaluate as evidence of good understanding of the importance of the electronic medical record? a) "Since nurses are the only ones using this system, I won't have to wait to document anymore" b) "They say that our patient care will improve while we are using this system" c) "I hope we don't have to keep changing passwords" d) "I'm gland that it will take less time for us to document"
B
A nurse is preparing information to be distributed at a national conference on HIV/AIDS. What should be included regarding mandatory disclosure of HIV/AIDS status? Select all that apply. a) all babies born in the U.S. are tested for presence of HIV at birth b) in general HIV/AIDS status is considered confidential c) all HIV/AIDS cases must be reported to the CDC and Prevention or to the state health department d) every state requires that all sexual contacts of a person diagnosed with HIV/AIDS be contacted and treated e) HIV/AIDS status must be disclosed to any health care provider who has cared for the patient within the last 18 months and to any future health care provider
B and C
The patient brings suit against a health care provider. In which ways would the nurse expect this action will affect the confidentiality of the patient's medical record? Select all that apply. a) the record loses confidentiality and is discoverable by any interested party b) the record will be released to the defendant's attorney c) the patient's attorney will have access to the information in the record d) the confidentiality of the record will remain intact e) only the judge will have full access to the medical record
B and C
The patient decides to discontinue standard medical treatment for diabetes mellitus and to rely on diet and herbal medications for blood sugar control. Which statements, made by the nurse, are appropriate? Select all that apply. a) "You are an adult and can do anything you want to do" b) "We need to talk about how medications work to control diabetes mellitus" c) "Tell me more about why you decided to make this change" d) "Don't you know that you are gambling with your health?" e) "I think that would be a mistake"
B and C
In which situations would the state board of nursing have probable grounds for disciplining a nurse? Select all that apply. a) the nurse can no longer lift 30 pounds b) the nurse fails to report a co-worker who is working outside his scope of practice c) the nurse questioned a direct physician order d) the nurse made a false statement on the licensure application e) the nurse told a co-worker that she is taking antidepressant medications
B and D
Which scenarios would the nurse identify as a quasi-intentional tort rather than an intentional tort? Select all that apply. a) a visitor refuses to leave the patient's room after upsetting the patient and being asked to leave b) the physician accuses the nurse of incompetence in front of the patient's family c) the nurse tells the patient that if he does not start drinking fluids, and IV line will be necessary d) the nurse physically restrains a patient so that IV access can be obtained e) the nursing student takes a cellphone picture of a patient's leg wound to show her classmates
B and E
The nurse is stopped at the scene of a motor vehicle accident with injury. What actions should the nurse take? Select all that apply. a) start assessing the injured as is required by all registered nurses b) ask the injured person for permission to help c) move the patient only if it is necessary to prevent further harm d) instruct someone to call for additional aid e) graciously accept any payment the injured patient may offer
B, C, and D
A nurse has been called to testify in a case that will be tried in family court. The nurse anticipates that the case will involve one of which situations? Select all that apply. a) child abuse b) divorce c) child custody d) estate division e) adoption
B, C, and E
A lawsuit has been filed against the hospital for terminating an employee for excessive tardiness and absenteeism. The defendant's attorney has contacted nurses who worked with this employee to testify in the case. Which statements would best support the defendant's case? Select all that apply. a) "I didn't really know, I don't work the same shift" b) "She often asked me to cover for her while she took her kids to school" c) "She was never late or absent during the 6 months I worked with her" d) "Her absences affected the work flow on our unit" e) "The employee called in sick on several consecutive Fridays"
B, D, and E
The nurse has recently assumed the position of chief nurse in a long-term care facility with a record of poor patient care. How should this nurse approach the issue of effective discipline regarding patient care activities? Select all that apply. a) fire any nurse who doesn't meet established standards of care b) firmly enforce the standards of care guiding the facility c) set variable standards of care depending upon the nurse's previous experience d) establish a discipline system that is progressive e) encourage supervisors to be consistent in applying discipline
B, D, and E
The nurse is providing care to a patient whose family has previously brought suit against another hospital and two physicians. How should the nurse provide care to this patient? Select all that apply. a) spend as little time as possible interacting with the patient and family so that there will be less chance of saying the wrong thing or performing in an incompetent manner b) provide care in a compassionate, competent manner c) assign the patient to a different nurse each day so that no one nurse has to work under this stress d) keep the patient will informed by explaining all interventions before and during their completion e) review standards of care that pertain to this patient before providing care
B, D, and E
A lawsuit is brought against a nurse in a rural hospital. The nurse replies that the standard of care for rural nurses is different from that for nurses working in large urban facilities. Is this a defensible position? a) no; rural nurses work in a slower paced environment, so they have more time to provide quality personal care b) yes; the rural nurse does not have access to the same quality of inservice education as the urban nurse c) no; nurses in rural settings must meet the same standards as those practicing in large urban areas d) yes; it is well known that rural health care is substandard as compared to urban health care.
C
A newly hired nursing assistant can work only when under direct supervision by a registered nurse. In which way can this assistant provide care? a) the nursing assistant charts care in the patient's medical record and the nurse reviews that charting on a regular basis b) the nursing assistant provides hygienic care according to protocols approved by the nurse c) the nurse and the nursing assistant work together to provide care to a team of six patients d) the nurse is available on the unit while the nursing assistant provides care
C
A patient became confused and used a pocket knife to threaten others. The nurse confiscated the knife. What is the nurse's best defense for this action? a) privilege b) self-defense c) necessity d) consent
C
A patient brought into the emergency department was injured while he subsequently attacking his neighbor with a knife. After treatment for his wounds, the patient was arrested and charged with assault and battery. Which classification or type of law would determine the case against this individual (the defendant)? a) civil law b) constitutional law c) criminal law d) private law
C
A person who was injured in a motor vehicle accident sued the driver to recover hospital and therapy costs. Which type of law would be enforced in this situation? a) public law b) procedural law c) tort law d) constitutional law
C
As part of conversion to a new electronic medical record format, a hospital is also instituting charting by exception. The nurse manager would caution staff nurses that charting by exception has which major drawback? a) it is not admissible in court because there is not enough background in the documentation b) this method takes much more time than narrative charting c) it may not provide enough information to support trending of the patient's condition d) it does not allow for use of uniform standards
C
The charge nurse has delegated a task to another staff member. Who assumes accountability for the task? a) it is held jointly by the charge nurse and the person performing the task b) it can be imputed to either the charge nurse or the person performing the task c) the charge nurse retains the accountability d) accountability is transferred to the person performing the task
C
The hospital nursing group has reviewed current nursing and federal literature to establish standards of care for a newly organized patient care unit. The final report generated by this group should assure hospital administration that the standards meet which level of care? a) mutually acceptable b) worldwide c) national d) locality
C
The nurse has been named in a lawsuit claiming a patient was injured due to her negligence. The nurse dropped her personal professional liability insurance several months ago, but believes the policy may have been in effect at the time of the incident. In which part of the policy would the nurse look for information about the coverage period? a) deductibles b) exclusions c) declarations d) liabilities
C
The nurse has been named in a lawsuit claiming a patient was injured due to her negligence. The nurse dropped her personal professional liability insurance several months ago, but believes the policy may have been in effect at the time of the incident. In which part of the policy would the nurse look for information about the coverage period? a) deductibles b) excusions c) declarations d) liabilities
C
The plaintiff was injured by a defective intravenous catheter. In order to win a product liability case, what must the plaintiff prove first? a) the IV catheter was defective b) the IV catheter was used incorrectly c) the IV catheter was sold to him d) the hospital purchases the poorly manufactured IV catheters
C
When a patient became confused and dangerous to himself and others in the setting, restraints were applied, and the patient was confined to bed. What is the nurse's best defense for applying restraints? a) necessity b) consent c) self-defense d) privilege
C
The home health nurse discovers that a home-bound cancer patient is using marijuana to control nausea from chemotherapy. What advice should the nurse give this patient? Select all that apply. a) the effect of marijuana on decreasing nausea is fleeting and not worth the health problems caused by using it b) since the patient is home-bound, it is likely the use of marijuana will not be discovered by anyone else c) possession of marijuana is illegal under federal law d) some states have current legislative guidelines for legal possession of medical marijuana e) as long as it is documented that an illness exists that can be treated with marijuana, no risk of prosecution is present
C and D
A nurse is served with a summons alerting him that he has been named in a malpractice lawsuit. What information can the nurse learn from this summons? Select all that apply. a) breaches in standards of care, injuries, or damages alleged by the defendant b) expected length of the trial c) names of any other defendants in the case d) name of the plaintiff in the case e) date to appear before the court
C, D, and E
The nurse working in a physician's office recorded assessment data in the wrong patient's medical record about 1 hour ago. How should the nurse correct this error? Select all that apply. a) black out the error with a marker and enter the new information b) enclose the corrected information in brackets to set if off from the original post c) indicate the date and time the correction was made d) indicate the reason the correction is being made by writing "wrong patient chart" along with the new information e) either initial or sign the correction
C, D, and E
A nurse is leaving the parking lot at the hospital and carelessly runs over a patient who was just discharged. Ironically, the nurse had been assigned to care for that patient that day. If the patient sues this nurse, which statement is true? a) the nurse cannot be held liable for either malpractice or negligence based upon this set of facts b) the nurse can be held liable for both negligence and malpractice c) the nurse can be held liable for malpractice but not negligence d) the nurse can be held liable for negligence but not malpractice
D
A patient refused to ambulate postoperatively and subsequently developed bilateral pneumonia, causing his hospital stay to be lengthened. After discharge, the patient filed a lawsuit claiming his primary nurse was negligent in allowing him to develop pneumonia. What is the nurse's best defense in this case? a) the patient was told that complications could arise when signing the informed consent form b) the patient should have anticipated a longer hospital stay if complications arose c) the patient was aware of the substandard care at the time it occurred d) the patient's conduct contributed to his complications
D
A patient, injured at work, was seen by the factory occupational nurse. The nurse treated the wound and instructed the patient to get a tetanus antitoxin injection at the county health department. The patient failed to follow instructions, developed tetanus, and subsequently filed a suit against the nurse. What is the most likely result of the ensuing trial? a) the nurse is not liable, because tetanus is a reportable disease and the health department should have insisted the patient take the injection b) the nurse is liable, because there was no follow-up to ensure that the patient received the injection c) the nurse is liable, because tetanus is easily treatable after diagnosis d) the nurse is not liable for damages, because the nurse has a right to expect that instructions will be followed
D
An out-of-state caller becomes irate when the nurse cannot provide information over the telephone about a hospitalized friend. The caller says, "If you know what is good for you, you had better tell me." Has a civil assault occurred? a) yes, there is an indication that the caller has the physical strength to do harm b) yes, the threat of harm is assault c) no, actual physical contact must be made for it to be assault d) no, the caller is out of state and cannot reach the nurse
D
The Board of Directors for General Hospital, state funded hospital elects to limit surgical procedures for morbid obesity to male patients. Female patients receive pharmacologic therapy, counseling, and instruction for diet and exercise, but are excluded from operative procedures. Under which legal concept is this illegal? a) stare decisis b) due process of law c) res judicata d) equal protection under the law
D
The hospital policy and procedure manual states that medications should be charted immediately after administration. The nurse routinely charts the medications as they are being prepared for administration. What does this practice reflect? a) use of the two schools of thought doctrine b) logical and appropriate variation in practice c) an honest error in judgment d) a violation of hospital policy and procedure
D
The nurse believes that her need for individual malpractice insurance is decreased because she practices in a small-town home health agency. What is true about this situation? a) residents of small towns are less likely to bring suit than residents of urban areas b) slower paced environments, such as home health care, are less likely to create situations in which the nurse makes an error c) nurses working in home health are covered by mandatory federal malpractice insurance policies d) home health care is an area in which the risk of lawsuit is higher than in many other practice areas
D
The nurse holds national certification as a wound care specialist and works in a small, rural hospital. What standard of skill and care applies to this nurse's practice? a) it should be equal to that of any other wound care specialist in the nation b) it should be the same as that of any nurse who provides wound care c) it should be equal to the practice of a wound care specialist working in the largest facility in the state d) it should be the same as that of an average nurse who also holds national wound certification
D
The nurse manager is aware that several patients will be admitted to the unit today. Today's staff includes three registered nurses, two licensed practical nurses, and three unlicensed nursing assistants. Who should the manager expect to assess and document the admitted patient's nursing needs? a) the nursing assistant b) the admitting physician c) a licensed practical or vocational nurse d) a registered nurse
D
The nursing student began a case study paper by writing, "J.P., a 65-year-old Asian male, was admitted to the intensive care unit at Southwest Hospital." What is the significance of this statement? a) it is incomplete, as the patient's physician's name should be included b) it is incomplete, as the date and time of admission should be included c) it is a good description of the patient to begin the paper d) it violates HIPAA regulations
D
Which situation supports the charge of malpractice against a professional nurse? a) a failure on the part of the nurse to allay a patient's fears about an upcoming procedure b) a failure on the part of the nurse to ensure that patients only received care for which they could pay c) a failure on the part of the nurse to establish a therapeutic relationship with the patient d) a failure on the part of the nurse to exercise reasonable and prudent care in treating a patient
D
Depositions will be taken of witnesses in a wrongful termination suit filed against the hospital by a former employee. Which information should the attorneys provide to the witnesses that will be deposed? Select all that apply. a) witnesses being deposed will be questioned by their attorney b) once the testimony is recorded no changes can be made to the record c) the deposition will be taken in a courtroom with a judge in attendance d) the witnesses may refer to notes during the disposition e) the testimony provided is sworn testimony
D and E
The survivors of a patient who unexpectedly died in a hospital contact an attorney regarding a wrongful death against the hospital and two nurses. Review of the hospital's pertinent policy and procedures found them to be current. Review of the medical record revealed that policy and procedures were followed by the nurses. Based on this information, what is the likely strength of this case? Select all that apply. a) the survivors have a good case since hospital policy and procedures do not supersede national standards b) the survivors have a good case since the death was unexpected c) since the patient is dead and can't report variation from the standards no case is possible d) the case against the nurse is weak since they followed hospital policy and procedures e) the case against the hospital is weak since policies and procedures are current
D and E
