Chapter 7: Legal Dimensions of Nursing Practice

The client being admitted to the oncology unit conveys wishes regarding resuscitation in the event of cardiopulmonary arrest. The nurse advises the client that it would be in the client's best interest to obtain which document?

A living will

Which responses by staff would indicate to the attorney that the staff can accurately identify acts of negligence? Select all that apply*

"I can be charged with negligence if I notify the healthcare practitioner about a change in a client's status but do not follow up or document" "I can be charged with negligence if I apply a heating pad to to the client's skin and the client suffers a superficial or first-degree burn"

A nursing student administers an overdose of an opioid to a client and the client arrests. When discussing the incident with nursing faculty, which statements made by the student indicate the need for further teaching? Select all that apply*

"I cannot be held liable because this is only my second time at this facility" "I am glad I am a student because nursing faculty will be blamed, not me"

While a client admitted to the medical-surgical unit is in the radiology department, a visitor claiming to be the client's cousin arrives on the medical-surgical unit and asks the nurse to provide a brief outline of the client's illness. Which response by the nurse would be most appropriate, both legally and professionally?

"I cannot give you that information due to client confidentiality"

Which is an example of an unintentional tort?

A nurse gives the client a medication, and the client has an adverse reaction to it.

Which scenario is an example of certification?

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

While walking down the hall, a nurse manager overhears a staff member telling the client, "If you don't stay in this chair and stop wandering, I'm going to tie you to it." The nurse manager pulls the staff member aside and discusses what was said. The nurse manager intervenes because the staff member's statement is which type of tort?

Assault

A client admitted to a mental health unit has exhibited physical behaviors that put the client and others at risk. The nurse applies four-point restraints on the client without obtaining a physician's order or the client's consent. The nurse is at risk of being accused of which action?

Battery

A client with end stage renal disease (ESRD) decides against further treatment and requests a 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. The charge nurse appropriately identifies that nurse has committed:

Battery

The nurse is providing care to a client whose condition has progressively declined. The nurse assesses and makes appropriate interventions as well as notifies the healthcare provider. Despite the nurse's efforts, the client expires. What element of liability has the nurse demonstrated?

Duty

Which statement about laws governing the distribution of controlled substances is true?

Nurses are responsible for adhering to specific documentation about controlled substances

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?

Slander

What governing body has the authority to revoke or suspend a nurse's license?

The State Board of Nurse Examiners

Legal safeguards are in place in the nursing practice to protect the nurse from exposure to legal risks as well as to protect the client from harm. What are examples of legal safeguards for the nurse? Select all that apply*

The nurse confirms informed consent was given by the client to perform a procedure The nurse educates the client about what to expect during the hospital stay The nurse documents all client care in a timely manner

A client newly diagnosed with CHF has a prescription for digoxin. The nurse counts the heart rate before administration of the medication and obtains a heart rate of 51 bpm. Which action by the nurse demonstrates adherence to the standards of nursing care?

The nurse withholds the medication and notifies the healthcare practitioner

Which are examples of a nurse appropriately protecting a client's privacy? Select all that apply*

With the client's permission, the nurse explains the client's diagnosis to the client's spouse The nurse moves the client from the emergency department waiting room to a private area to collect assessment data

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?

Witnesses to a signature do not need to read the will

When the nurse informs a client's employer of his autoimmune deficiency disease, the nurse is committing the tort of:

Invasion of privacy

A client being discharged from the hospital asks the nurse, "When I go visit my family out of state, should I take my living will with me, or do I need a new one for that state?" Which is the most appropriate response by the nurse?

"Take it with you. It is recognized universally in the United States"

An HIV-positive client discovers that the client's name is published in a research report on HIV care prepared by the client's nurse. The client is hurt and files a lawsuit against the nurse. Which offense has the nurse committed?

Invasion of privacy

A client states that the client's recent fall was caused by his scheduled antihypertensive medications being mistakenly administered by two different nurses, an event that is disputed by both of the nurses identified by the client. Which measure should the nurse prioritize when anticipating that legal action may follow?

Document the client's claims and the events surrounding the alleged accident

A client has a prescription for amoxicillin 500mg po Q8H. The nurse administers the medication via the IV route. Based on the nurse's action, the client develops complications and has an increased length of stay. The client files a lawsuit against the facility and the nurse. Which legal action has the nurse's attorney identified that meets the criteria for the client's lawsuit?

Malpractice

A nurse witnesses a traffic accident and dresses the open wound 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 Good Samaritan law will provide legal immunity to the nurse

Which statement made by the nurse providing care to a group of clients indicates that the nurse requires further education regarding negligence?

"I don't need to assess distal pulses on a client after a femoral arteriography"

Which statement made by a nurse would indicate to a nurse manager that the nurse requires more training? Select all that apply*

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

The nurse is providing care to a client who had orthopedic surgery. The nurse has medicated the client for pain. However, the client reports that the pain is unrelieved. The nurse takes no further action regarding assessment and intervention for the client's pain. The nurse does not notify the surgeon regarding the client's pain. The nurse's failure to take further action represents which element of liability in this case?

Breach of duty

A client is to undergo surgery for removal of the gallbladder. Which action related to the client's informed consent falls within the nurse's scope of practice? Select all that apply*

Ensuring the signed form is on the chart Acting as a witness to the client's signature on the form Answering questions about elements of the consent

A family brings the client 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?

The nurse confirms that the client's family has signed the consent form

Professional regulations and laws that govern nursing practice are in place for which reason?

To protect the safety of the public

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

While at a coworker's house, a nurse discusses with the coworker a client whom the nurse suspects of physically abusing the client's child. The next day, the client is moved to another nursing unit after a surgical procedure and comes under the care of the coworker, who is also a nurse. The coworker confronts the client about the alleged abuse. The client is shocked and angered by the accusation and denies it categorically. What would be the charge if the client were to file a suit?

The first nurse could be charged with slander

A nurse working in a coronary care unit resuscitates a client who has expressed wishes not to be resuscitated. Which tort has the nurse committed?

Battery

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?

Healthcare institution

A nurse is caring for a client with hypertension whose blood pressure has increased from 154/78 to 196/98 with a heart rate of 110 bpm during the past hour. The nurse goes to lunch without reporting the change to the healthcare provider, and the client experiences a cardiac arrest. What tort has the nurse likely committed?

Negligence