management quiz 3

The primary purpose of law and legislation governing nursing practice is to protect the: patient and the nurse patient nurse health care facility

patient and the nurse

Litigation is the process of bringing forth and trying a lawsuit. true or false

true

the HIPAA Privacy Rule provides protection for individually identifiable health information on a state level and may differ state by state. true or false

false

Which statement is true regarding the Good Samaritan law? Select all that apply.

Protection provided is generally limited to emergency situations. The provider may not exceed scope of practice limits.

Nurse leaders are responsible for licensing nurses. true or false

false

A patient can give informed consent by verbalizing understanding prior to receiving a complete explanation of medical-surgical treatment options. true or false

false

What is the nurse's best safeguard against legal prosecution?

competent practice

How can the nurse manager best minimize the personal risk for legal liability

Creating a work environment that prioritizes patient needs

Which legal act gives patients the right to determine their desired end-of-life care?

Patient Self-Determination Act

What is the nurse manager's focus when the addressing issues represented by Title VII?

Civil rights of staff and patients

Choose the legal safeguards nurses can refer to and practice to prevent litigation against them.

Informed consent, Competent practice, Documentation, Risk management programs, Patient bill of rights

What is the primary focus of the Health Insurance Portability and Accountability Act (HIPAA)?

The patient's right to confidentiality

The type of law that regulates the practice of nursing is:

civil law

Which behaviors by a nurse can result in the suspension or revocation of the nursing license? (Select all that apply.)

Being convicted of professional negligence, A felony conviction for drug use, Failing to report an incident of substandard nursing care, Practicing on an expired nursing license

A nurse explains the informed consent form to a patient who is scheduled for heart bypass surgery. Which elements are considered essential to the effective establishment of informed consent? (Select all that apply.)

Full disclosure of information regarding the procedure, Comprehension of the information by the patient or guardian, Competence of the patient must be determined prior to consent

Which labor standards were set in place by the Fair Labor Standards Act? (Select all that apply.)

Minimum wage, A maximum of an 80-hour regular pay period, Guaranteed paid overtime, Illegal employment of minors

The Health Insurance Portability and Accountability Act (HIPAA) ensures strong privacy protections for the patient without threatening access to which areas of care? (Select all that apply.)

Health care clearinghouses, Health care plans, Exchange of patient information among appropriate health care providers

What must a person giving informed consent for a medical or surgical procedure fully comprehend in order to give informed consent? Select all that apply

Procedure to be performed, Risks involved, Expected or desired outcomes, Expected complications or potential side effects as a result of procedure.

What rights do patients have? (Select all that apply.)

The right to respectful care free of discrimination, The right to protection of their privacy, The right to informed consent, The right to end treatment without physician consent

HIPAA gives the nurse leader a platform to prevent conflicts resulting from ineffective communication among staff members and patients. true or false

true

Nurses should be concerned with the various laws and statutes that govern health care. true or fasle

true

The nurse acts as the patient advocate with regard to informed consent. true or false

true

The term used to identify the omission of doing something that a reasonable person would do, guided by the considerations that ordinarily regulate human affairs is: Malpractice Scope of practice Breach of duty Negligence

Negligence

Which situations are necessary components for malpractice to occur? (Select all that apply.) A standard of care must be in place whereby the provider has accepted duty for the patient. The practitioner has failed to meet a standard of care, also called a 'breach of duty.' Foreseeability of harm must exist. A perception that patient injury may occur. A direct connection between care given and injury must be present.

A standard of care must be in place whereby the provider has accepted duty for the patient. The practitioner has failed to meet a standard of care, also called a 'breach of duty.', Foreseeability of harm must exist. A direct connection between care given and injury must be present.

The Equal Employment Opportunity Commission defines discrimination as including which forms of discrimination? (Select all that apply.)

Age, Sexual harassment, Race or color, Pay/compensation

A nurse manager must be aware of what is happening on the unit to prevent injury to the patient and exposing the staff to a potential malpractice situation. What steps would the nurse manager take to accomplish this? (Select all that apply.) Assuring adequate staffing. Providing disciplining those who provide inappropriate care. Regularly checking the credentials of current nursing staff. Arranging for relevant staff in-services regarding the operation of equipment. Personally monitoring the care provided by new nursing staff

Assuring adequate staffing. Providing disciplining those who provide inappropriate care., Regularly checking the credentials of current nursing staff., Arranging for relevant staff in-services regarding the operation of equipment.

Which steps will help the nurse minimize the risk of nursing malpractice? (Select all that apply.) Attending relevant continuing education programs to upgrade clinical skills. Observing all facility policies and procedures when providing care. Asking each patient to sign an informed consent before care is given. Periodically reviewing the scope of practice for nurses. Maintaining liability insurance independent of that provided by the facility.

Attending relevant continuing education programs to upgrade clinical skills. Observing all facility policies and procedures when providing care Periodically reviewing the scope of practice for nurses., Maintaining liability insurance independent of that provided by the facility.

A nurse fails to assist a postoperative patient with ambulation for on the first post-operative day. The patient falls and fractures a hip. The nurse could be charged with:

negligence

Which statement is true about an incident report? (Select all that apply.)

The document is generally considered confidential., A disclosed incidence report can be subpoenaed in court., The chart should contain all the variables related to the incident.

What information is accurate when describing the Nurse Practice Acts? (Select all that apply.) They focus on the practice of the professional nurse They identify actions that fall outside of the nurse's scope of practice The focus of the acts can vary greatly from state to state When considering the law, they are an example of a statute They need to be consistent with applicable federal statures

They focus on the practice of the professional nurse, They identify actions that fall outside of the nurse's scope of practice, When considering the law, they are an example of a statute, They need to be consistent with applicable federal statures

A nurse is arrested for possession of illegal drugs. Which type of law governs this activity?

criminal

What is the focus of the Patient Self-Determination Act (PSDA)? (Select all that apply.)

educating staff concerning end-of-life issues, Informing patients about advance directives (AD), Providing patients with written information about health care durable power of attorney, Educating patients regarding the role of a health-care proxy

A wrong committed against another person or property is a tort. true or false

false

The person who generates the lawsuit is the defendant. true or false

false

The nurse manager has an obligation to act as advocate for which entities? (Select all that apply.)

the patient, The staff, Themselves, The profession

Nurses should be aware of the rights and duties of legal matters so they are better able to protect: themselves. their patients. their peers. their employers.

themselves

The term that is used to identify the type of law that covers most incidences of malpractice is:

tort laws

A nurse would be considered liable if he or she fails to report a witnessed violation of the nurse practice act. true or fasle

true

A nurse's license can be revoked the nurse is providing patient care while under the influence of drugs or alcohol. TRUE FALSE

true

It is important that the nurse understands the difference between controlling a patient's decision and asssisting the patient with an informed decision. true or false

true