tst bank 2

Which person would best qualify as an expert in a nursing malpractice case filed because of failure of a postanesthesia care unit nurse to recognize the early signs and symptoms of respiratory arrest?

A critical care nurse who holds a BS in nursing and certification from the American Association of Critical Care Nurses (AACN)

Which situation supports the charge of malpractice against a professional nurse?

A failure on the part of the nurse to exercise reasonable and prudent care in treating a patient

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 violation of hospital policy and procedure

A nurse has agreed to serve as an expert witness in a jury trial. What is this nurse's major ethical concern?

Ability to stay objective and unbiased in the work

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

Assumption of risk

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?

Continue preparations for discharge, comforting the patient as much as possible.

The hospital ethics committee has decided to move to the relational ethics framework for decision making. What change should the committee members expect from this framework shift?

Decisions made will be more practical and action oriented.

The nurse bases individual nursing practice upon commitment to quality patient care and understanding of the nursing role. Under which broad classification of ethical theory does this fall?

Deontological theories

The 4-year-old child developed a seizure disorder that may be related to a medication error that occurred 3 years ago. What is true of the statute of limitations in this case?

Depending upon the state, the statute of limitations might not begin to be calculated until the child reaches the age of majority.

Which common practice puts the nurse at liability for invasion of patient privacy?

During care the nurse reveals information about the patient to those in the room.

A nurse has been called to testify in a malpractice lawsuit. Which information should the attorney provide about the process of cross-examination?

During this process opposing counsel will try to refute the nurse's testimony.

The nurse manager has identified high levels of moral distress on the nursing unit. Which change would be helpful in assisting nurses to cope?

Encouraging free discussion of ethical concerns

A group of nurses wishes to improve the ethics of the care their group provides. What is the first step this group should take to reach their goal?

Explore their individual values and beliefs.

The circumstances of a lawsuit cause it to be under the jurisdiction of more than one court. In this case, the nurse expects that which court will have the greatest personal jurisdiction?

Federal supreme court

What is the single most critical factor in determining whether a particular nurse acted with reasonable care in a given situation?

How the nurse's conduct compares to that of nurses with similar background and experience

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?

It should be the same as that of an average nurse who also holds national wound care certification.

The nurse intends to lobby the state legislature to write a new code of ethics for the nurses in the state. Is this an appropriate idea?

No, professional nursing organizations write the code of ethics for nurses.

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?

No, the caller is out of state and cannot reach the nurse.

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?

No; nurses in rural settings must meet the same standards as those practicing in large urban areas.

What does the court consider in determining the nurse's legal liability for standards of care?

Professional education, experience, and specific conduct

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?

Prove that the statement is true

***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?

Proximate cause determines how far the nurse's liability extends for consequences of the alleged negligent actions.

The nurse believes that a physician's order written at the end of a shift is contrary to the accepted standard of care and could potentially harm the patient. What should the nurse do?

Question the physician regarding the order.

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?

Report the incident immediately to the nursing supervisor or physician so that the incident will be reported to the proper authorities.

The patient who has been diagnosed with metastatic cancer declines chemotherapy treatments. The nurse assists this patient in explaining this position to other health care providers. What advocacy model is this nurse exemplifying?

Rights protection model or the autonomy model

A nurse would like to advocate for a modification of the state's nursing practice act and believes the best strategy is to contact the persons with authority to write and change this statutory law. Whom should the nurse contact?

State legislature

The court is establishing liability in a case in which several actions caused the plaintiff's injury. Which test of causation would be most useful in this case?

Substantial factor test

The hospital is forming an ethics committee. Which concept should be central to that committee's function?

The committee should act to provide guidelines for potential problems.

In which case might a default judgment be entered?

The defendant did not respond to the complaint.

After 3 years of uneventful employment, the nurse made a medication error that resulted in patient injury. What hospital response to this event is ethical?

The hospital was supportive and assistive as the nurse coped with this event.

In given situations, the nature and degree of reasonable care expected of people providing care may differ depending upon which factor?

The individual's status as a professional

The plaintiff was injured by a defective intravenous catheter. In order to win a product liability case, what must the plaintiff prove first?

The intravenous catheter was sold to him.

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?

The nurse can be held liable for negligence but not malpractice.

The nurse uses the MORAL model for ethical decision making at the bedside. Which option reflects the first step (M) of this model?

The nurse investigates the opinions of everyone involved in the issue.

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

The nurse is not liable for damages, because the nurse has a right to expect that instructions will be followed.

A nurse has agreed to participate in a videotaped deposition in a malpractice case. What does this indicate?

The nurse's testimony can be presented in court, even though the nurse is unavailable for the trial date

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?

The patient's conduct contributed to his complications

The hospital ethics committee has been asked to consider a controversial issue that has a significant number of persons both for and against it. Which other characteristic would the committee look for when determining if applied ethics should be used as a guide for their work?

The situation must concern a distinctly moral issue.

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?

There is no formal record made of the arbitration process.

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?

These damages are awarded to set an example to other nurses

The attorney for a nurse named in a malpractice case recommends that the case go to a prelitigation panel. What rationale would the attorney offer the nurse for this recommendation?

These panels ensure that there is a controversy or fact question for the court.

The state board of nursing has brought action against a nurse's license based upon violation of a regulation. What is true about this scenario?

These rules and regulations have the force of law.

What would the nurse identify as the most basic purpose of standards of care?

To protect and safeguard the public as a whole

In which case would the judge serve both as a fact-finder and determiner of questions of law?

Trial by jury is waived by both sides

Which statement best describes the rule regarding expert testimony in nursing malpractice cases?

Whether expert testimony is needed is decided on a case-by-case basis after analyzing the facts of the case.

A lawsuit is being tried in a state that recognizes pure comparative negligence. The attorney for the nurse defendant is attempting to prove the plaintiff has some responsibility for the injury that occurred. If this proof can be established, can the plaintiff recover damages?

Yes, even if the plaintiff is 99% at fault

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?

Yes, the general duty of care exists to help in times of crisis or imminent harm.

associations should ask for which action on this law?

amendment

Prior to surgery, the nurse checks to ensure that the patient has signed an informed consent form. Which ethical principle is the nurse supporting?

autonomy

An emergency department patient was injured while attacking his neighbor with a knife. After treatment the patient was arrested and charged with battery and assault. Which classification or type of law would determine the case against this defendant?

criminal law

During a jury trial, the presence of a nurse-patient relationship is questioned. What kind of question is this and who would determine it?

fact to be determined by the jury

Nurses are revising the policy and procedure manual for the nursing unit. They work to ensure that the policies address more than one person and more than one set of circumstances. Which aspect of policy does this reflect?

generality

Nurses believe that there is a need to change policy for their clinical unit. What is the first step these nurses should take when considering this need for new policy?

identifying the problem

The nurse manager is conducting a performance review with a nurse who has worked on the unit for 10 years. During the review, the nurse begins to cry and tells the manager, "I just can't do this anymore. I can't sleep because I have such bad nightmares about patients. I can't eat and I've already lost 15 pounds." The nurse manager identifies these findings as being possible signs of which problem?

moral distress

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?

national

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?

necessity

The nurse advises a patient to have surgery because, "The doctor knows what is best for you." The nurse is most likely following which ethical principle?

paternalism

An ethical dilemma has arisen in regard to a patient who has been declared incompetent and who left no advance directive. Which model is likely to be of best use to the ethics committee reviewing the case?

patient benefit

An emergency department nurse has agreed to testify as an expert witness in a lawsuit involving a child. The opposing attorney questions the nurse's qualifications as a pediatric nurse. Which type of law does this scenario reflect?

procedural law

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?

self-defense

The nurse makes practice decisions based upon each patient's unique characteristics, the relationship between the patient and the nurse, and the most humanistic course of action in the particular case circumstance. Which branch of ethics does this reflect?

situational ethics

A person who was injured in a motor vehicle accident sued the driver to recover hospital costs. Which type of law would be enforced in this situation?

tort law

The nurse tells a patient that an immunization "will not hurt at all" when the nurse is aware that the injection will be painful. Which ethical principle has the nurse most clearly violated?

veracity