The Point Quiz 3

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

TRUE

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: assault battery fraud negligence

negligence

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

When considering the MORAL decision-making model, what step is the nurse engaging in when developing the plan of care? Massaging Outlining Affirming Looking back

Affirming

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.

What is the nurse manager's focus when the addressing issues represented by Title VII? Civil rights of staff and patients Patient right to confidentiality Staff's right to fair wages Disability discrimination towards staff

Civil rights of staff and patients

A wrong committed against another person or property is a tort. TRUE FALSE

TRUE

Litigation is the process of bringing forth and trying a lawsuit. TRUE FALSE

TRUE

What is the nurse's best safeguard against legal prosecution? Collective bargaining Written or implied contracts Competent practice Patient education

Competent practice

Nurse leaders are responsible for licensing nurses. TRUE FALSE

FALSE

The term that is used to identify the type of law that covers most incidences of malpractice is: Tort laws Statutory law Administrative law Legislative law

Tort laws

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

Criminal

The person who generates the lawsuit is the defendant. TRUE FALSE

FALSE

Which legal act gives patients the right to determine their desired end-of-life care? Patient's Bill of Rights Patient Self-Determination Act Kassebaum-Kennedy Act Health Insurance Portability and Accountability Act

Patient Self-Determination Act

The HIPAA Privacy Rule provides protection for individually identifiable health information on a state level and may differ state by state. TRUE FALSE

FALSE

The nurse engages in actions to promote the good of the patient. The nurse is engaging in fulfillment of which ethical principle? Fidelity Justice Nonmaleficence Beneficence

Beneficence

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 Conviction for failure to pay court-ordered child support

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

How can the nurse manager best minimize the personal risk for legal liability? Creating a work environment that prioritizes patient needs Possessing a working knowledge of current laws affecting nursing practice Upholding the enforcement of laws, rules, and regulations affecting patient care Dealing with all members of the staff and all patients in a nondiscriminatory fashion

Creating a work environment that prioritizes patient needs

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. Nurse's personal opinion about the treatment

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

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 Political affiliation Pay/compensation

Age Sexual harassment Race or color Pay/compensation

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.

The type of law that regulates the practice of nursing is: Common law Public law Civil law Criminal law

Civil law

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) Educating the patient to the various spiritual and religious services the facility offers Providing patients with written information about health care durable power of attorney Educating patients regarding the role of a health-care proxy

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 patient can give informed consent by verbalizing understanding prior to receiving a complete explanation of medical-surgical treatment options. TRUE FALSE

FALSE

The American Nurses Association Code of Ethics is legally binding. TRUE FALSE

FALSE

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 Information must be provided by a professional nurse Such consent is not necessary in cases where the focus is clinical research

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

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 Legally reportable information Exchange of patient information among appropriate health care providers Sharing of information with family

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

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

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

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 Overtime is required to be at least 2 times regular base pay

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

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

What is the role of the nurse manager in assuring ethical nursing practice on the unit? (Select all that apply.) Primary decision maker Expert problem solver Identifying desired outcomes Addressing the results of undesirable consequences Implementing the best decision with attention to cost

Primary decision maker Expert problem solver Identifying desired outcomes Implementing the best decision with attention to cost

Which statement is true regarding the Good Samaritan law? Select all that apply. Health care providers are required to stop and provide emergency care. Protection provided is generally limited to emergency situations. The provider may not exceed scope of practice limits. A volunteer at a free clinic is covered by this law. All care needs are considered an emergency when situations occur out-of-doors.

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

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

TRUE

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

TRUE

It is important that the nurse understands the difference between controlling a patient's decision and assisting the patient with an informed decision. TRUE FALSE

TRUE

Nurses should be concerned with the various laws and statutes that govern health care. TRUE FALSE

TRUE

The 'nursing process' provides a model for ethical decision-making. TRUE FALSE

TRUE

The key role that a nurse leader plays in regard to ethics in the workplace is to create an ethical working environment. TRUE FALSE

TRUE

The nurse acts as the patient advocate with regard to informed consent. TRUE FALSE

TRUE

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. An entry about the existence of an incident report should be made in the medical record. The chart should contain all the variables related to the incident. A copy of the incident report should be attached to the medical record.

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.

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

The patient The staff Themselves The profession

What is the primary focus of the Health Insurance Portability and Accountability Act (HIPAA)? Medical record storage The patient's right to confidentiality Sharing medical records within the health care team Preventing families from accessing the medical information of patients

The patient's right to confidentiality

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 inexpensive treatment The right to end treatment without physician consent

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

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

When the care required of a patient comes into conflict with the nurse's personal beliefs, this is considered: a moral conflict an ethical dilemma moral distress ethical problem solving

an ethical dilemma

According to the ANA Code of Ethics for Nurses, the nurse's primary commitment is: formulating ethically sound decisions when addressing patient care issues assuring that all health care providers address the care of patients in an ethical manner application of ethical standards to the delivery of patient care instructing other health care providers in the process of arriving at ethically sounds health care decisions.

application of ethical standards to the delivery of patient care

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.