Chap. 7 legal dimensions

An RN enters a client's room and observes the unlicensed assistive personnel (UAP) forcefully pushing a client down on the bed. The client starts crying and informs the UAP of the need to go to the bathroom. What action is the RN witnessing that should be immediately reported to the supervisor?

battery

When teaching staff about the legal terminology used in child abuse, the nurse emphasizes that the term battery means: 1. The application of force to another person without lawful justification 2. A legal wrong committed by one person against the property of another 3. Maligning the character of a person while threatening to do bodily harm 4. Doing something that a reasonable person with the same education or preparation would not do

1. The application of force to another person without lawful justification

4 elements necessary to prove liability

1. duty--what role does the nurse have. is what happened in the scope of their practice? 2. breach of duty-would another nurse in a similar practice have done the same thing. 3. breach of duty--the nurse did not fulfill duties that an average nurse would 4. causality--the nurse's actions resulted in the harm the plantiff alleges

A client comes to the hospital emergency department with complaints of severe right lower abdominal pain characteristic of appendicitis. The client does not have any health insurance. The nurse understands that legally the hospital must: 1. Refer the client to the nearest public hospital. 2. Have a physician see the client before admission. 3. Provide uncompensated care in emergency situations. 4. Respect the family's requests to admit their family member to the hospital.

3. Provide uncompensated care in emergency situations.

When being interviewed for a position as a registered professional nurse, the applicant is asked to identify an example of an intentional tort. Which is an appropriate response? 1. Negligence 2. Malpractice 3. Breach of duty 4. False imprisonment

4. False imprisonment •False imprisonment is a wrong committed by one person against another in a willful, intentional way without just cause and/or excuse. #1 Negligence is an unintentional tort. #2 Malpractice, which is professional negligence, is classified as an unintentional tort. #3 Breach of duty is an unintentional tort.

After reporting to work for a night shift, the nurse learns that the unit is understaffed because two RNs called out sick. As a result, each nurse on the unit must provide care for four acute clients in addition to the nurse's regular clients. Which statement is true for this nurse when working in understaffed circumstances?

The nurse is legally held to the same standards of care as when staffing levels are normal.

A client was admitted to 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 legal term describes the case?

Tort

T or F. Not documenting an act by the nurse could be considered negligence.

True. It is considered an unintentional tort

Act of commission vs. act of omission

What you do that is wrong and what you don't do that is wrong.

What type of law is the board of nursing?

administrative law

A client arrives in the emergency room and is assessed by the nurse. The client is staggering, confused, and verbally abusive, complains of a headache from drinking alcohol, and is asking for medication. The nurse explains to the client that the physician will need to perform an assessment before the administration of medication. When the client becomes verbally abusive, the nurse obtains leather restraints and threatens to place the client in the restraints. With which of the following can the client legally charge the nurse as a result of the nursing action? 1. Assault 2. Battery 3. Negligence 4. Invasion of privacy

assault assault=threat of violence; battery=threat of violence

a nurse who receives informed consent from the patient instead of the doctor would be considered

assault.

battery vs assault.

battery involves doing harm while assault involves threatening harm

Nurses practicing in a critical care unit must acquire specialized skills and knowledge to provide care to the critically ill client. These nurses can validate this specialty competence through what process?

certification.

Elements of informed consent

description of procedure risks of procedure alternatives to procedure explanation of pathology and reason for surgery names and qualifications of operators right to refuse explained expected outcome, recovery, and rehabilitation

What type of anesthesia is twilight considered?

general anesthesia

A nurse is providing care to two clients who are sharing the same room. The nurse is preparing to give one of the clients a complete bed bath. Which action by the nurse would suggest liability related to invasion of the client's privacy?

leaving the curtain open

slander vs. libel

oral vs written

unintentional torts

standards, failure to follow equipment, failure to use correctly assess, failure to assess communicate, failure to document, failure to

What type of law in the nursing practice act?

statutory law

defamation/slander vs libel

written vs spoken

The nursing staff is sitting in the lounge taking their morning break. A nursing assistant tells the group that she thinks that the unit secretary has acquired immunodeficiency syndrome (AIDS) and proceeds to tell the nursing staff that the secretary probably contracted the disease from her husband, who is supposedly a drug addict. Which legal tort has the nursing assistant violated? 1. Libel 2. Slander 3. Assault 4. Negligence

2. Slander •Defamation is a false communication or a careless disregard for the truth that causes damage to someone's reputation, either in writing (libel) or verbally (slander). An assault occurs when a person puts another person in fear of a harmful or an offensive contact. Negligence involves the actions of professionals that fall below the standard of care for a specific professional group.

Common law deals with

precedent set that creates a legal body

What does the nursing practice act do?

sets the scope of nursing practice.

A client is unhappy with the health care provided and informs the nurse that the client 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 should the nurse's action be in this situation?

talk to supervisor. would not tell the patient they can leave (even though they can) because they need to sign release form.

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 statement is true regarding how the Good Samaritan law applies to this case?

the law protects the nurse against lawsuits in the same way it would a civilian.

A client was admitted to 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 legal term describes the case?

tort, not felony.