Ch 7: Legal Dimensions of Nursing Practice (NUR 111-nursing fundamentals book)

D) let the client go after signing a document stating he is going against medical advice

A client informs the nurse that he wants to discontinue his treatment and go home. Later, the nurse finds the client dressed to leave. Which action should the nurse take in this situation? A) restrain the client until his medical treatment is over B) warn the client that he may not be able to access health care again C) call the physician & get his discharge paper signed D) let the client go after signing a document stating he is going against medical advice

A) slander

A nurse is overheard in the hospital cafeteria making false comments about a client. The nurse is guilty of: A) slander B) libel C) assault D) invasion of privacy

A) the nurse should ask the physician to come back & write the order

A physician is called to see a client with angina. During the visit the physician advises the nurse to decrease the atenolol to 12.5 mg. However, since the physician is late for another visit, she requests that the nurse write down the order for her. What should be the appropriate nursing action in this situation? A) the nurse should ask the physician to come back & write the order B) the nurse should inform the client of the change in medication C) the nurse should remind the physician later to write the work order D) the nurse should write the order & implement it

A) The nurse will be legally held to the same standards of care as when staffing levels are normal

After reporting to work for a night shift, the nurse learns that the unit will be understaffed because two RNs called out sick. As a result, each nurse on the unit will need to provide care for an additional four acute clients, in addition to her regular client assignment. Which statement is true for this nurse when working in understaffed circumstances? A) The nurse will be legally held to the same standards of care as when staffing levels are normal B) The nurse is legally obliged to refuse to provide care when understaffing creates the potential for unsafe condition C) The nurse must document that float staff, nurses on overtime, & part-time staff were contacted in an effort to fill the gaps in care D) Understaffing constitutes an extenuating circumstance that creates a temporarily lower expectation for care for the nurse

D) health care institution

During the orientation to the hospital, the staff development educator discusses unit and institutional-based policies. What is the source of the practice rules that result in unit and institutional-based policies? A) state legislation B) federal legislation C) board of nursing D) health care institution

C) specialty knowledge & clinical judgment

In comparison with licensure, which measures entry-level competence, what does certification validate? A) ability to practice in more than 1 area B) more than 10 years of nursing practice C) specialty knowledge & clinical judgment D) innocence of any disciplinary violation

B) to protect the safety of the public

Professional regulations and laws that govern nursing practice are primarily in place for which reason? A) to ensure that practicing nurses are of good moral standing B) to protect the safety of the public C) to ensure that enough new nurses are always available D) to limit the number of nurses in practice

B) restrain all 4 extremities

The health care provider prescribes orders for a client with newly diagnosed uncontrolled seizure activity. When reviewing the prescriptions, the nurse correctly identifies which prescription, if followed, puts him at risk for negligence charges? A) oxygen 2/L via nasal cannula B) restrain all 4 extremities C) neurologic assessments ever 5 minutes D) Diazepam (Valium) 5 mg intravenously now

B) Helps reduce workforce injuries & illness in the workplace

The nurse educator is presenting a lecture on the Occupational Safety and Health Act. Which situations, if identified by the nursing staff, would indicate to the educator that the staff understands which actions about the Occupational Safety and Health Act? A) Requires nurses to report abuse of infants, children, & adults of all ages B) Helps reduce workforce injuries & illness in the workplace C) Act as an information clearing house for nurses who engage in unprofessional conduct D) Protects nurses who are recovering from drug or alcohol addition or have communicable diseases

A) breach of duty

The nurse fails to contact the physician regarding a client who had an open-reduction internal fixation of the tibia and has experienced increasing leg pain (unrelieved by pain medication) for the past 4 hours. Which element of liability has been violated? A) breach of duty B) causation C) duty D) damages

C) the nurses could be charged for slander

Two nurses meet at their home, where one of the nurses discusses a client who had been physically abused. The next day, the client is shifted to another nursing unit after a surgical procedure and becomes the care of the second nurse who had been part of the original discussion. Nurse No. 2 asks the client about the physical abuse. The client discovers that his original nurse revealed the information and is hurt. What would be the charges if the client files a suit? A) the nurses could be charged for libel B) no charges are valid because nurse No. 2 is also involved in client care C) the nurses could be charged for slander D) no charges are valid because the revelation took place in off-duty house

C) slander/defamation

A client on a surgical unit asks for the nurse's opinion of the surgeon. The nurse replies, "He is rude. His clients always end up with infections." The nurse is at risk of being accused of which of the following? A) assault B) negligence C) slander/defamation D) libel

B) felony

A nurse observes another nurse place an unused dose of narcotics in their pocket. If caught, the nurse could be charged with which type of crime? A) negligence B) felony C) tort D) misdemeanor

B) fraud

A nurse who obtains a license to practice nursing by misrepresenting herself is guilty of what tort? A) assault B) fraud C) slander D) libel

B) invasion of privacy

An HIV-positive client discovers that his name is published in a research report on HIV care prepared by his nurse. He is hurt and files a lawsuit against her. Which offense has the nurse committed? A) negligence of duty B) invasion of privacy C) unintentional tort D) defamation of client

C) reporting the abuse to the appropriate authorities

During the admission assessment of a female client age 40 years with a suspected mandibular fracture, the client discloses to the nurse that her injury came as a result of her husband hitting her. Which action should the nurse prioritize when responding to this disclosure? A) informing the client of her right to keep this information private B) ensuring the client's statement is confirmed by another nurse C) reporting the abuse to the appropriate authorities D) performing an assessment to confirm the client's statement

B) invasion of privacy

The student nurse tells her family about a client with AIDS that she cared for in clinical yesterday. Which tort has the student committed? A) assault B) invasion of privacy C) slander D) fraud

A) "I had a duty & it was my responsibility to get clarification before administering the medication, which I did not."

A client admitted with Hodgkin disease has a handwritten prescription for vinblastine 3.7 mg intravenously (IV) weekly. The nurse interprets the prescription as vincristine 3.7 mg and administers the wrong medication. The client becomes neurovascularly compromised and has a fatal reaction to the medication. The client's family begins a litigious suit against the facility and the nurse's license is suspended by the board of nursing. In preparation for the lawsuit, the nurse meets with the nurse attorney to review the events. Which appropriate statement, if given by the nurse, indicates he has an understanding of the lawsuit? A) "I had a duty & it was my responsibility to get clarification before administering the medication, which I did not." B) "I had a duty & it was my responsibility to double check the medication, which I did, yet this still happened." C) "I checked the medication before giving it & literature states it is for Hodgkin disease." D) "I could not read the health care provider's handwriting, so I am not at fault."

B) Document the client's claims & the events surrounding the alleged incident

A client states that his recent fall was caused by the fact that his scheduled antihypertensive medications were mistakenly administered by two different nurses, an event that is disputed by both of the nurses identified by the client. Which measure should the nurses prioritize when anticipating that legal action may follow? A) Consult with the hospital's legal department as soon as possible B) Document the client's claims & the events surrounding the alleged incident C) Consult with practice advisors from the state board of nursing D) Enlist support from nursing & non-nursing colleagues from the unit

B) "It is a written document that identifies a person's preferences regarding which medical interventions to use in the event of a terminal condition."

A nurse completing admission paperwork asks the client about having an advanced directive. The client states, "I do not know, what is an advanced directive?" What is the nurse's best response? A) "It is an agreement that authorizes the hospital to make decisions on your behalf, if you become incapacitated." B) "It is a written document that identifies a person's preferences regarding which medical interventions to use in the event of a terminal condition." C) "It is a document created by you & your attorney naming a beneficiary to handle your estate if you become terminally ill." D) "I will contact the hospital social worker to come & discuss the development of an advance directive with you."

D) libel

A nurse is called to a deposition for a malpractice charge that has resulted in the death of a client. As the chart is reviewed, the prosecuting attorney questions the nurse about several defaming comments written in the medical record about the client. What charges can be filed against the nurse due to these comments? A) malpractice B) slander C) negligence D) libel

D) battery

A registered nurse enters a client's room and observes the unlicensed assistive personnel (UAP) pushing a client down on the bed. The client starts crying and informs the UAP that he needs to go to the bathroom. The UAP holds the client down and tells him he was just in the bathroom. The nurse observing this incident is aware that the UAP's action is an example of: A) assault B) fraud C) defamation of character D) battery

C) a nurse gives a medication & client has an adverse reaction

The nursing faculty is lecturing on unintentional and intentional torts. The faculty asks a nursing student to provide an example of an unintentional tort. Which example, if provided by the student, would indicate the student has a clear understanding of torts? A) nurses are in the elevator discussing a client's laboratory values B) a nurse is threatening to restrain a client if he does not stop talking C) a nurse gives a medication & client has an adverse reaction D) a nurse is telling a client he cannot leave the hospital until he pays his bill

B) To evaluate quality care & potential risks for injury to the client

A nurse enters the client's room and finds the client lying on the floor experiencing a seizure activity. After stabilizing the client, the nurse informs the physician. The physician advises the nurse to prepare an incident report. What is the purpose of an incident report? A) To provide a method for deciding the nurse's fault in the incident B) To evaluate quality care & potential risks for injury to the client C) To evaluate the immediate care provided by the nurse to the client D) To provides information to local, state, & federal agencies

B) malpractice

A client has a prescription for amoxicillin (Amoxil) 500 mg P.O. (by mouth) every 8 hours. The nurse administers the medication via the intravenous route. Based on the nurse's action, the client develops a pulmonary embolus, experiences respiratory distress, and is transferred to the intensive care unit. The client's family files a lawsuit against the facility and the nurse. While reviewing the case, which legal action has the nurse attorney identified that meets the criteria for the client's lawsuit? A) battery B) malpractice C) assault D) negligence

A) the nurse ensures that the client signs the consent form

A client is brought to the emergency department in an unconscious state with a head injury. The client requires surgery to remove a blood clot. What would be the appropriate nursing intervention in keeping with the policy of informed consent prior to a surgical procedure? A) the nurse ensures that the client signs the consent form B) the nurse ensures that the client's family signs the consent form C) the nurse informs the family about the living will D) the nurse informs the family about advance directives

A) Tort

A client is received in a postoperative nursing unit after undergoing abdominal surgery. During this time, the nurse failed to recognize the significance of abdominal swelling, which significantly increased during the next 6 hours. Later, the client had to undergo emergency surgery. The lack of action on the nurse's part is liable for action. Which of the following legal terms describes the case? A) Tort B) Felony C) Fraud D) Misdemeanor

A) competence

A client is scheduled for a colonoscopy. The nurse realizes immediately after administering medications to induce conscious sedation that the client has not signed the informed consent. If the nurse has the client sign the informed consent, which element of informed consent would be violated? A) competence B) comprehension C) voluntariness D) disclosure

D) The nurse should call the nursing supervisor & inform her about the situation

A client is unhappy with the health care provided to him. He approaches the nurse and informs her that he is leaving the facility. The client has not been discharged by the physician. The nurse finds that the client has dressed and is ready to go. What would the nurse's action be in this situation? A) The nurse should warn the client that he cannot come to the hospital again B) The nurse should get the client restrained & call the physician C) The nurse should let the client go because she cannot do anything D) The nurse should call the nursing supervisor & inform her about the situation

C) battery

A client with end-stage renal disease decides against further treatment and requests a "Do Not Resuscitate" (DNR) order. The DNR status is part of the change-of-shift report. The client stops breathing and a nurse begins cardiopulmonary resuscitation. The family is upset and makes a complaint to the charge nurse. When discussing the nurse's action, the charge nurse appropriately identifies which wrongdoing the nurse has violated? A) assault B) defamation C) battery D) fraud

A) breach of duty

A nurse exits the room of a confused client without raising the side rails on the bed. The failure to raise the side rails would constitute which element of liability related to malpractice? A) breach of duty B) damages C) duty D) causation

D) obtain a medical order

A nurse is caring for a client following endotracheal intubation. Before applying soft wrist restraints to prevent the client from pulling out the endotracheal tube, what is the most appropriate action of the nurse? A) sedate the client B) notify the family C) get written consent D) obtain a medical order

C) "You have a complete injury, which results in a total loss of movement & sensation below the level of injury."

A nurse is caring for a client with a complete spinal cord injury that has caused paraplegia. The client is very distraught and asks the nurse, "Are they sure, even with therapy, I will never walk again?" Which statement made by the nurse demonstrates veracity? A) "Sometimes with physical therapy, a person may notice some improvement with movement." B) "It is too soon to tell, There is always a possibility you will regain movement in your legs." C) "You have a complete injury, which results in a total loss of movement & sensation below the level of injury." D) "I see you are upset; I can ask your physician to stop by & explain your injury in more detail."

C) pain D) disfigurement E) suffering F) disability

A nurse is part of a group named in a malpractice lawsuit. The plaintiff is suing for general damages. Which items would be addressed? Select all that apply. A) lost wages B) medical expenses C) pain D) disfigurement E) suffering F) disability

A) The Good Samaritan law will provide legal immunity to the nurse

A nurse witnesses a traffic accident and dresses the open wounds sustained by a child. Later, in the hospital, the child develops complications from an infection in the wound. The family holds the nurse responsible for the complications and attempts to file a lawsuit. Which of the following statements is true regarding the Good Samaritan law? A) The Good Samaritan law will provide legal immunity to the nurse B) The Good Samaritan law will not protect the nurse because she did not accept compensation C) The Good Samaritan law is not applicable to health care workers D) The Good Samaritan law will provide absolute exemption from prosecution

A) battery

A nurse working in a coronary care unit resuscitates a client who had expressed wishes not to be resuscitated. Which tort has the nurse committed? A) battery B) libel C) assault D) slander

C) slander

A nurse, while off-duty, tells the physiotherapist that a client who was admitted to the nursing unit contracted AIDS due to exposure to sex workers at the age of 18. The client discovers that the nurse has revealed the information to the physiotherapist. With what legal action could the nurse be charged? A) libel B) malpractice C) slander D) negligence

A) all of the above

A student nurse is assisting an elderly patient to ambulate following hip replacement surgery, and the patient falls and reinjures the hip. Who is potentially responsible for the injury to this patient? A) all of the above B) the nurse instructor C) the student nurse D) the hospital

D) emergency care for a choking victim in a restaurant

In some cases, the act of providing nursing care in unexpected situations is covered by the Good Samaritan laws. Which nursing actions would most likely be covered by these laws? A) medical advice given to a neighbor regarding her child's rash B) negligent acts performed in an emergency situation C) any emergency care where consent is given D) emergency care for a choking victim in a restaurant

C) The Occupational Safety & Health Act of 1970

Injuries related to lifting or transferring patients occur in the health care setting and may be considered a work-related injury. Which law was intended to reduce work-related injuries and illnesses? A) Americans with Disabilities Act of 1990 B) The Health Care Quality Improvement Act of 1986 C) The Occupational Safety & Health Act of 1970 D) Title VII of the Civil Rights Act of 1964

C) witnesses to a signature do not need to read the will

Nurses are occasionally asked to witness a testator's (person who makes the will) signing of his or her will. Which of the following guidelines is true regarding a nurse's role is witnessing a testator's signature? A) witnesses do not need to observe the signing of the will & can sign it at a later time B) a beneficiary to a will is allowed to act as a witness C) witnesses to a signature do not need to read the will D) a single witness is sufficient for a will

A) "If I make a mistake, I will not tell anyone" E) "I will have the supervisor fill out the incident report when I make an error."

The nurse educator is presenting an in-service on nursing and malpractice. Which statements, made by the nursing staff, would indicate to the educator that further teaching is required? Select all that apply. A) "If I make a mistake, I will not tell anyone" B) "I am accountable for any task that I delegate." C) "When I document, I make sure it is factual, accurate, complete, & timely." D) "The nursing plan of care must be accurate & be followed. It is part of the client's permanent record." E) "I will have the supervisor fill out the incident report when I make an error."

C) with the client's permission, the nurse explained the client's diagnosis to the client's spouse D) the nurse removed the client from the emergency department waiting room into a private area to collect assessment data

The nurse educator provides an educational session to the nursing staff on protection of a client's privacy. Which circumstances, identified by the staff, would indicate to the educator that the teaching was effective? Select all that apply. A) because the facility is a teaching facility, the nurse allowed the nursing student to take the client's picture for his care plan B) during a bed bath, the nurse exposed the client's upper torso while washing the client's face C) with the client's permission, the nurse explained the client's diagnosis to the client's spouse D) the nurse removed the client from the emergency department waiting room into a private area to collect assessment data E) the nurse questioned the client about her social life even though it did not affect care planning

B) invasion of privacy

When the nurse informs a client's employer of his autoimmune deficiency disease, the nurse is committing the tort of: A) breach of contract B) invasion of privacy C) battery D) assault

D) they describe what medications nurses can prescribe

Which is not true regarding Nurse Practice Acts? A) they define the boundaries of the functions of a nurse B) they were established to describe legitimate nursing function C) they vary among states D) they describe what medications nurses can prescribe

C) they describe what medications nurses can prescribe

Which is not true regarding Nurse Practice Acts? A) they define the boundaries of the functions of a nurse B) they vary among states C) they describe what medications nurses can prescribe D) they were established to describe legitimate nursing function

A) a nurse who demonstrates advanced expertise in a content area of nursing through special testing

Which of the following is an example of certification? A) a nurse who demonstrates advanced expertise in a content area of nursing through special testing B) an education program that meets standards of the National League for Nursing C) a hospital meets the standards of the Joint Commission D) a graduate of a nursing education program who passes NCLEX-RN

C) the person performing the procedure, study, or treatment

Which party is responsible for obtaining informed consent from a client? A) the nursing supervisor B) the client's nurse C) the person performing the procedure, study, or treatment D) the client's family or significant other

A) accreditation

Which process evaluates and recognizes educational programs as having met certain standards? A) accreditation B) credentialing C) licensure D) certification

C) performing a surgical procedure without getting consent

Which situation is an example of battery that the nurse may experience while performing her duties at the health care facility? A) witnessing a procedure done on a client without his consent B) telling the client that he cannot leave the hospital C) performing a surgical procedure without getting consent D) taking the client's photographs without consent

A) malpractice

While caring for an infant, the nurse hears another child screaming in the next room. She rushes to the other room to check on the screaming child, forgetting to put the side rails up on the infant's crib. She returns to the room to find the infant has fallen out of the crib and sustained a head injury. Based on the nurse's action, which tort is the nurse liable for? A) malpractice B) defamation C) assault D) battery