Prep U - Chapter 7: Legal Dimensions of Nursing Practice

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 nurses prioritize when anticipating that legal action may follow? a. Document the client's claims and the events surrounding the alleged incident. b. Consult with the hospital's legal department as soon as possible. c. Consult with practice advisors from the state board of nursing. d. Enlist support from nursing and non-nursing colleagues from the unit.

Document the client's claims and the events surrounding the alleged incident.

Which best exemplifies malpractice? a. The nurse administers the wrong medication to a client, who then has one episode of vomiting 5 minutes later but no further adverse reactions. b. The nurse, using proper body mechanics, assists a client into a locked bed. The client slips and breaks a femur. c. The nurse administers amoxicillin to a client with known allergies to penicillin. The client has a seizure with resulting respiratory arrest. d. The nurse applies an ice pack to a client's lower back without an order and the client feels better.

The nurse administers amoxicillin to a client with known allergies to penicillin. The client has a seizure with resulting respiratory arrest.

A client newly diagnosed with congestive heart failure has a prescription for digoxin. The nurse counts the heart rate before administration of the medication and obtains a heart rate of 51 beats per minute. Which action by the nurse demonstrates adherence to the standards of nursing care? a. The nurse administers the medication and reassesses the client after 30 minutes. b. The nurse withholds the medication and notifies the health care practitioner. c. The nurse administers the medication after reviewing the client's serum potassium level. d. The nurse withholds the medication, retakes the heart rate, and gives the medication at a later time.

The nurse withholds the medication and notifies the health care practitioner.

Nurses complete incident reports as dictated by the agency protocol. What is the primary reason nurses fill out an incident report? a. To document the need for disciplinary action b. To initiate litigation c. To document everyday occurrences d. To improve quality of care

To improve quality of care

A registered nurse who has an associate degree would like to obtain a baccalaureate degree in nursing. The nurse works full time and has several family obligations and would like to find a program that fits into that lifestyle. What is the nurse's priority question about an educational program? a. What is the NCLEX pass rate? b. Is the program accredited? c. Is it online? d. How much does it cost?

is the program accredited?

Which is an example of an unintentional tort? a. A nurse tells a client that the client cannot leave the hospital until the client pays the bill. b. Nurses discuss a client's laboratory values in the elevator. c. A nurse gives the client a medication, and the client has an adverse reaction to it. d. A nurse threatens to restrain a client if the client does not stop talking.

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

Which scenario 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 the standards of the National League for Nursing c. A hospital that meets the standards of the Joint Commission d. A graduate of a nursing education program who passes the NCLEX-RN

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

A legal document that states a client's health-related wishes — such as a preference for pain management if the client becomes terminally ill — and also allows the client's adult child to direct the client's care, is: a. an advance directive. b. a standard of care. c. a license. d. a will.

an advance directive

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? a. invasion of privacy b. defamation of character c. unintentional fort d. negligence of duty

invasion of privacy

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. negligence b. malpractice c. libel d. slander

slander

Professional regulations and laws that govern nursing practice are in place for which reason? a. To ensure that practicing nurses are of good moral standing b. To limit the number of nurses in practice c. To ensure that enough new nurses are always available d. To protect the safety of the public

to protect the safety of the public

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? a. Negligence b. Battery c. Slander d. Malpractice

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. The charge nurse appropriately identifies that nurse has committed: a. battery. b. fraud. c. assault. d. defamation.

battery

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? a. felony b. fraud c. tort d. misdemeanor

tort

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. Board of nursing b. State legislation c. Health care institution d. Federal legislation

Health care institution

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. libel b. assault c. slander d. battery

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. slander b. battery c. assault d. libel

battery

A client has a prescription for amoxicillin 500 mg P.O. every 8 hours. The nurse administers the medication via the intravenous 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? a. Negligence b. Assault c. Malpractice d. Battery

malpractice

A nurse has been asked to serve as an expert witness in a malpractice case in which an infant died in the newborn nursery. Which questions should the nurse consider prior to accepting this job? Select all that apply. - "How would I react if I was sued?" - "How much education do I have about caring for newborns?" - "How much clinical experience do I have in the newborn nursery?" - "How would I feel if my child died due to a nurse's malpractice?" - "Have I ever worked in this hospital system?"

- "How much education do I have about caring for newborns?" - "How much clinical experience do I have in the newborn nursery?"

Action has been taken against a nurse's license based on a claim that the nurse acted outside of nursing's scope of practice. The nurse's attorney determines that the nurse needs more education about the purpose of the board of nursing when the nurse makes which statement? a. "The board of nursing exists to protect the safety of the public." b. "The board of nursing is established by state legislation." c. "The rules made by the board of nursing don't reflect my practice." d. "Board of nursing rules keep unlicensed people from practicing nursing."

The rules made by the board of nursing don't reflect my practice."

A nurse enters the client's room and finds the client lying on the floor experiencing a seizure. 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 evaluate the quality of care provided and assess the potential risks for injury to the client b. To determine the nurse's fault in the incident c. To provide information to local, state, and federal agencies d. To evaluate the immediate care provided by the nurse to the client

To evaluate the quality of care provided and assess the potential risks for injury to the client

Professional regulations and laws that govern nursing practice are in place for which reason? a. To protect the safety of the public b. To ensure that enough new nurses are always available c. To limit the number of nurses in practice d. To ensure that practicing nurses are of good moral standing

to protect the safety of the public

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 health care provider. Despite the nurse's efforts, the client expires. What element of liability has the nurse demonstrated? a. Causation b. Duty c. Breach of duty d. Damages

duty

While caring for an infant, the nurse hears another child screaming in the next room and rushes there, forgetting to put the side rails up on the infant's crib. The nurse returns to the room to find that 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. Battery d. Assault

malpractice

A nurse has been named in a malpractice lawsuit. Prior to taking the nurse's deposition, the attorney explains that the case will be governed by common law. Which question by the nurse is indicated? a. "Does that mean the findings of the case are not binding?" b. "Will this case be precedent setting?" c. "Will the board of health be involved?" d. "Why is this not a statutory case?"

"Will this case be precedent setting?"

Nursing students are discussing the requirement that they carry personal professional liability insurance as students. The nurse instructor should offer additional information when which statements are made? Select all that apply. - "We are held to the same standards of care as the RNs at the hospital." - "I will be protected both as a student and at my CNA job." - "Since I am a student, my instructor is the one liable if I make a mistake." - "I think this is an unnecessary expense." - "I thought we would be covered by the hospital's malpractice insurance."

- "I will be protected both as a student and at my CNA job." - "Since I am a student, my instructor is the one liable if I make a mistake." - "I think this is an unnecessary expense." - "I thought we would be covered by the hospital's malpractice insurance."

Which statements made by a nurse would indicate to a nurse manager that the nurse requires further training? Select all that apply. - "When I document, I make sure it is factual, accurate, complete, and timely." - "I will have the supervisor fill out the incident report when I make an error." - "If I make a mistake, I will not tell anyone." - "The nursing plan of care must be accurate and must be followed. It is part of the client's permanent record." - "I am accountable for any task that I delegate."

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

Which statement about laws governing the distribution of controlled substances is true? a. Substance use is not treatable. b. When a nurse misuses controlled substances in the workplace and gets help, the nurse will not be charged with a criminal act. c. The nurse is only at risk if diverting medication from the client; a nurse using the nurse's own personal drugs is not at risk. d. Nurses are responsible for adhering to specific documentation about controlled substances.

Nurses are responsible for adhering to specific documentation about controlled substances.

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. A proxy directive b. A living will c. Proof of health care power of attorney d. A will

a living will

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 have also put the nursing faculty at risk with my action." - "I should have informed you that I felt unprepared for my assignment." - "I am glad I am a student because nursing faculty will be blamed, not me." - "I realize that I am held to the same standards as a registered nurse." - "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." - "I cannot be held liable because this is only my second time at this facility."

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 is an example(s) of legal safeguards for the nurse? Select all that apply. - The nurse confirms informed consent was give by the client to perform a procedure. - The health care provider is responsible for administration of a wrongly prescribed medication. - The nurse claims management is responsible for inadequate staffing leading to negligence. - The nurse documents all client care in a timely manner. - The nurse executes the health care provider's prescriptions without questioning them. - The nurse educates the client about what to expect during the hospital stay.

- The nurse confirms informed consent was give 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.

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 is an example(s) of legal safeguards for the nurse? Select all that apply. - The nurse executes the health care provider's prescriptions without questioning them. - The nurse claims management is responsible for inadequate staffing leading to negligence. - The nurse confirms informed consent was give by the client to perform a procedure. - The nurse documents all client care in a timely manner. - The nurse educates the client about what to expect during the hospital stay. - The health care provider is responsible for administration of a wrongly prescribed medication.

- The nurse confirms informed consent was give 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.

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? a. "Do you have any identification proving that you are related to the client?" b. "I'm busy right now but can talk later." c. "I cannot give you that information due to client confidentiality." d. "I will call the client and ask for permission to share this information with you."

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

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? a. "Do you have any identification proving that you are related to the client?" b. "I'm busy right now but can talk later." c. "I will call the client and ask for permission to share this information with you." d. "I cannot give you that information due to client confidentiality."

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

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? a. "I will call the client and ask for permission to share this information with you." b. "I'm busy right now but can talk later." c. "I cannot give you that information due to client confidentiality." d. "Do you have any identification proving that you are related to the client?"

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

A legal document that states a client's health-related wishes — such as a preference for pain management if the client becomes terminally ill — and also allows the client's adult child to direct the client's care, is: a. a standard of care. b. a license. c. an advance directive. d. a will.

an advance directive

A physician is called to see a client with angina. During the visit the physician advises the nurse to decrease the dosage of atenolol to 12.5 mg. However, because the physician is late for another visit, the physician requests that the nurse write down the order for the physician. What should be the appropriate nursing action in this situation? a. The nurse should write the order and implement it. b. The nurse should remind the physician later to write the work order. c. The nurse should ask the physician to come back and write the order. d. The nurse should inform the client of the change in medication.

The nurse should ask the physician to come back and write the order.

A client newly diagnosed with congestive heart failure has a prescription for digoxin. The nurse counts the heart rate before administration of the medication and obtains a heart rate of 51 beats per minute. Which action by the nurse demonstrates adherence to the standards of nursing care? a. The nurse withholds the medication, retakes the heart rate, and gives the medication at a later time. b. The nurse administers the medication after reviewing the client's serum potassium level. c. The nurse administers the medication and reassesses the client after 30 minutes. d. The nurse withholds the medication and notifies the health care practitioner.

The nurse withholds the medication and notifies the health care practitioner.

A student nurse is assisting an older adult client to ambulate following hip replacement surgery when the client falls and reinjures the hip. Who is potentially responsible for the injury to this client? a. The hospital b. The student nurse, the nurse instructor, and the hospital c. The student nurse d. The nurse instructor

The student nurse, the nurse instructor, and the hospital

Action has been taken against a nurse's license based on a claim that the nurse acted outside of nursing's scope of practice. The nurse's attorney determines that the nurse needs more education about the purpose of the board of nursing when the nurse makes which statement? a. "Board of nursing rules keep unlicensed people from practicing nursing." b. "The board of nursing exists to protect the safety of the public." c. "The board of nursing is established by state legislation." d. "The rules made by the board of nursing don't reflect my practice."

"The rules made by the board of nursing don't reflect my practice."

The nurse attempts to notify a health care provider about a client's elevated temperature but does not get a response. Which statement, if documented by the nurse, would indicate that the nurse is following proper protocol for nursing documentation? a. 1300: Client temperature elevated. Telephoned health care provider's service 3 times without a response. Tepid sponge bath given and nursing supervisor notified. b. 1300: Client temperature elevated. Health care provider paged, but did not respond. Administered acetaminophen without an order because I knew this health care provider does not return calls. c. 1300: Client temperature elevated. Telephoned health care provider 3 times. As usual, health care provider did not respond. d. 1300: Client temperature elevated. Telephoned health care provider's service several times with no response. Will notify nursing supervisor during rounds.

1300: Client temperature elevated. Telephoned health care provider's service 3 times without a response. Tepid sponge bath given and nursing supervisor notified.

In some cases, the act of providing nursing care in unexpected situations is covered by the Good Samaritan laws. Which nursing action would most likely be covered by these laws? a. Medical advice given to a neighbor regarding a child's rash b. Any emergency care given when consent is obtained c. A negligent act performed in an emergency situation d. Emergency care for a choking victim in a restaurant

Emergency care for a choking victim in a restaurant

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 physical 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? a. No charges are valid because the revelation took place during off-duty hours and off-site. b. No charges are valid because both nurses are involved in the client's care. c. The first nurse could be charged with slander. d. The second nurse could be charged with libel.

The first nurse could be charged with slander.

Which best exemplifies malpractice? a. The nurse, using proper body mechanics, assists a client into a locked bed. The client slips and breaks a femur. b. The nurse administers amoxicillin to a client with known allergies to penicillin. The client has a seizure with resulting respiratory arrest. c. The nurse applies an ice pack to a client's lower back without an order and the client feels better. d. The nurse administers the wrong medication to a client, who then has one episode of vomiting 5 minutes later but no further adverse reactions.

The nurse administers amoxicillin to a client with known allergies to penicillin. The client has a seizure with resulting respiratory arrest.

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? a. The nurse informs the family about the living will. b. The nurse informs the family about advance directives. c. The nurse confirms that the client's family has signed the consent form. d. The nurse confirms that the client has signed the consent form.

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

A nurse enters the client's room and finds the client lying on the floor experiencing a seizure. 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 determine the nurse's fault in the incident b. To evaluate the quality of care provided and assess the potential risks for injury to the client c. To evaluate the immediate care provided by the nurse to the client d. To provide information to local, state, and federal agencies

To evaluate the quality of care provided and assess the potential risks for injury to the client

Nurses are occasionally asked to witness a testator's (person who makes the will) signing of a will. Which guideline is true regarding a nurse's role in witnessing a testator's signature? a. A single witness is sufficient for a will. b. A beneficiary to a will is allowed to act as a witness. c. Witnesses do not need to observe the signing of the will and can sign it at a later time. d. Witnesses to a signature do not need to read the will.

Witnesses to a signature do not need to read the will.

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? a. accreditation b. litigation c. licensure d. certification

certification