Ch. 6: Nursing as a Regulated Practice: Legal Issues

Which of the following actions is acceptable as an exception to a nurses obligation regarding confidentiality?

Reporting certain diseases to public health authority

A child is tested for genetic abnormalities. After the test results are delivered from the laboratory, a representative of the parents medical insurance company calls the nurses station and asks for the results of the tests. The nurses best response to this request is to

refuse to give the information.

Which of the following nursing responsibilities can never be delegated?

Accountability

Analysis of cases of reported negligence from 1995 to 2001 demonstrated that the majority of cases occurred in which patient care setting?

Acute care

Which of the following falls under the jurisdiction of the state board of nursing?

Approving or reject applications for new nursing education programs

Which of the following is an example of civil law?

Child custody case

Which of the following actions by the nurse constitutes professional malpractice?

Placing the head of the bed flat when a patient is receiving a tube feeding, causing the patient to aspirate the mixture

The quality of nursing care is judged by whether nursing actions meet the standard of care. Which of the following is an example of meeting the standard of care?

Demonstrating the use of the nursing process when charting

Which of the following is an important step in preventing legal action against the nurse?

Develop caring, therapeutic relationships with patients.

What is the primary function of the National Council of State Boards of Nursing (NCSBN)?

Developing the NCLEX-RN and NCLEX-PN licensing examinations

The nurse forgets to give the patient a dose of antibiotic. Later in the shift, the patient goes into cardiac arrest and dies. What element is lacking to support malpractice?

Proximate cause

Which of the following is a legitimate defense to a charge of assault and battery?

Informed consent

A nursing student got a thank-you card from a patients family and had another student take a photo of the student with the family. The student asks the nursing instructor if it would be alright to post the photo on Facebook. Which response by the instructor is best?

No, posting pictures of patients and families on social media sites is not acceptable.

Which of the following puts the nurse at increased risk for legal action?

Not assessing a patient who is complaining of pain

The nurse giving medications to a pediatric patient notes that an order for a medication is considerably larger than the usual dose. She looks up the medication in a pharmacology book and finds she is correct about the dosage. Which action should the nurse take?

Notifying the physician of her findings before giving the medication

Which of the following chart entries represents a pitfall in documentation?

Patient demanding and difficult to please

In which of the following situations should the legality of an informed consent be questioned?

Patient who received a preoperative dose of Demerol before giving consent

Which patient rights are guaranteed by HIPAA?

Patients are protected against medical records being indiscriminately shared.

The RN asked a nursing assistant to monitor several postoperative patients. Which of the following instructions to the nursing assistant demonstrate appropriate delegation?

Record the urine output, and report to me if they have not voided within 4 hours.

Which of the following is a nursing responsibility regarding informed consent?

Serving as a witness, ensuring that the patient does not feel coerced into a decision

The RN delegates changing a sterile dressing over a central line to a licensed practical/vocational nurse (LPN/LVN). The LPN/LVN contaminated the site during the dressing change, and an infection developed in the patient. Which of the following statements is true?

The RN is ultimately responsible for acts he or she delegates.

The nurse practice act of a state defines the scope and responsibilities of nursing practice in that state. Which of the following is true regarding nurse practice acts?

They determine the educational requirements for licensure.

The nurse receives reports on the following patients at the beginning of the shift. Which of the following care activities could be delegated to a nursing assistant? (Select all that apply.)

a. Ambulating a patient who had an emergency appendectomy 8 hours ago, has stable vital signs, and needs to ambulate for the second time b. Assisting a patient who was in an automobile accident and whose right arm and leg are in traction with bathing c. Feeding a patient recovering from a stroke resulting in difficulty holding a spoon d. Taking vital signs, including blood pressure, for a patient with newly diagnosed diabetes and a history of hypertension

The central question in any charge of malpractice is whether the prevailing standard of care was met. Which of the following are considered part of the standard of nursing care? (Select all that apply.)

a. Basic prudent nursing care is a standard. d. Standards are based on the ethical principle of nonmaleficence. e. National standards of nursing practice are standards for all nurses.

The American Nurses Association (ANA) published a guide for state nurses associations seeking to revise their nurse practice acts. According the ANA, which of the following should be included in these revisions? (Select all that apply.)

a. Differentiation between advanced and generalist nursing practice b. Authority for boards of nursing to oversee UAP d. Authority for boards of nursing to regulate prescription writing by advanced practice nurses e. Nurses responsibility for delegating to LPN/LVNs

For a nursing malpractice action, essential characteristics of negligence must be present. Which of the following constitute these essential characteristics? (Select all that apply.)

a. The nurse assumed the responsibility for the patients care. b. The nurse is found to have failed to meet the standard of care. c. The harm to the patient must be shown to have been caused by the failure to meet the standard of care. d. Harm to an individual has occurred.

The Patient Self-Determination Act of 1991, as implemented today, is known as providing

advance directives.

A competent resident in a long-term care facility refuses an ordered antidepressant medication. The nurse believes the patient needs the medication because he is clearly showing signs of depression and dissolves the medication in juice without telling the patient. This illustrates negligence by failure to

communicate with a patient.

The most common reason that nurses are disciplined by the state board of nursing is

practicing while impaired.