Chapter 23 (Perry & Potter)legal

You are floated to work on a nursing unit where you are given an assignment that is beyond your capability. What is the best nursing action to take first? A. Call the nursing supervisor to discuss the situation B. Discuss the problem with a colleague C. Leave the nursing unit and go home D. Say nothing and begin your work

A. Call the nursing supervisor to discuss the situation

A nurse forgets to put the call light within the client's reach and then leaves the room. The client reaches for it and falls out of bed. The nurse could be charged with which of the following? A. Assault B. Battery C. Negligence D. Criminal Intent

C. Negligence

Tort

A civil wrong made against a person or property

Informed consent

A person's agreement to allow something to happen such as surgery or an invasive diagnostic procedure, based on full disclosure of risks, benefits, alternatives and consequences of refusal.

Defamation

Communications that are false

A new graduate nurse is being mentored by a more experienced nurse. They are discussing the ways nurses need to remain active professionally. Which of the statements below indicates the new graduate understands ways to remain involved professionally? (Select all that apply.) A. "I am thinking about joining the health committee at my church." B. "I need to read newspapers, watch news broadcasts, and search the Internet for information related to health." C. "I will join nursing committees at the hospital after I have several years of experience and better understand the issues affecting nursing." D. "Nurses do not have very much voice in legislation in Washington, DC, because of the shortage of nurses.

A. "I am thinking about joining the health committee at my church." B. "I need to read newspapers, watch news broadcasts, and search the Internet for information related to health."

A nursing student has been written up several times for being late with providing patient care and for omitting aspects of patient care and not knowing basic procedures that were taught in the skills course one term earlier. The nursing student says, "I don't understand what the bid deal is. As my instructor, you are there to protect me and make sure I don't make mistakes." What is the best response from the nursing instructor? A. "You are expected to perform at the level of a professional nurse." B. "You are expected to perform at the level of a nursing student." C. "You are practicing under the license of the nurse assigned to the patient." D. "You are expected to perform at the level of a skilled nursing assistant."

A. "You are expected to perform at the level of a professional nurse."

The patient has a fractured femur that is placed in skeletal traction with a fresh plaster cast applied. The patient experiences decreased sensation and a cold feeling in the toes of the affected leg. The nurse observes that the patient's toes have become pale and cold but forgets to document this because one of the nurse's other patients experienced cardiac arrest at the same time. Two days later the patient in skeletal traction has an elevated temperature, and he is prepared for surgery to amputate the leg below the knee. Which of the following statements regarding a breach of duty apply to this situation? (Select all that apply.) A. Failure to document a change in assessment data B. Failure to provide discharge instructions C. Failure to follow the six rights of medication administration D. Failure to use proper medical equipment ordered for patient monitoring E. Failure to notify a health care provider about a change in the patient's condition

A. Failure to document a change in assessment data E. Failure to notify a health care provider about a change in the patient's condition

The nurse hears a physician say to the charge nurse that he doesn't want that same nurse caring for his patients because she is stupid and won't follow his orders. The physician also writes on his patient's medical records that the same nurse, by name, is not to care for any of his patients because of her incompetence. What component(s) of defamation has the physician committed? (Select all that apply). A. Slander B. Invasion of privacy C. Libel D. Assault E. Battery

A. Slander C. Libel

Which of the following actions, if performed by a registered nurse, would result in both criminal and administrative law sanctions against the nurse? (Select all that apply.) A. Taking or selling controlled substances B. Refusing to provide health care information to a patient's child C. Reporting suspected abuse and neglect of children D. Applying physical restraints without a written physician's order

A. Taking or selling controlled substances D. Applying physical restraints without a written physician's order

An elderly adult fell at home and fractured a hip, which requires surgical repair. After admittance to the emergency department, the client was given sedation for pain before a surgical permit was signed. What is the best action necessary to obtain consent? A. The physician should have the client's wife sign the consent form. B. Since the client has been medicated, the nurse should thoroughly explain the consent form to the client. C. The physician should wait until the effects of the medication wear off and have the client sign. D. This would be considered an emergency situation and consent would be implied.

A. The physician should have the client's wife sign the consent form.

Nursing Practice Acts

Describe and define the legal boundaries of nursing practice within each state.

Risk management

An organization's system of ensuring appropriate nursing care by identifying potential hazards and eliminating them before harm occurs.

Standards of care

Are legal requirements for nursing practice that describe minimum acceptable nursing care.

The nurse notes that an advance directive is on a patient's medical record. Which statement represents the best description of an advance directive guideline the nurse will follow? A. A living will allows an appointed person to make health care decisions when the patient is in an incapacitated state. B. A living will is invoked only when the patient has a terminal condition or is in a persistent vegetative state. C. The patient cannot make changes in the advance directive once admitted to the hospital. D. A durable power of attorney for health care is invoked only when the patient has a terminal condition or is in a persistent vegetative state.

B. A living will is invoked only when the patient has a terminal condition or is in a persistent vegetative state.

A client comes to the clinic and is found to have an STD (sexually transmitted disease). The client states to the nurse, "Promise you won't tell anyone about my condition." the nurse, according to the Health Insurance Portability and Accountability (HIPAA) of 1996, must do which of the following? A. Honor the client's wishes B. Communicate only necessary information C. Not disclose any information to anyone D. Respect the client's privacy and confidentiality

B. Communicate only necessary information

A 17-year-old patient, dying of heart failure, wants to have his organs removed for transplantation after his death. What action by the nurse is correct? A. Prepare the organ donation form for the patient to sign while he is still oriented. B. Instruct the patient to talk with his parents about his desire to donate his organs. C. Notify the physician about the patient's desire to donate his organs. D. Contact the United Network for Organ Sharing after talking with the patient.

B. Instruct the patient to talk with his parents about his desire to donate his organs.

A nurse is caring for a patient who recently had coronary bypass surgery. Which are legal sources of standards of care the nurse uses to deliver safe health care? (Select all that apply.) A. Information provided by the head nurse B. Policies and procedures of the employing hospital C. State Nurse Practice Act D. Regulations identified in The Joint Commission's manual E. The American Nurses Association standards of nursing practice

B. Policies and procedures of the employing hospital C. State Nurse Practice Act D. Regulations identified in The Joint Commission's manual E. The American Nurses Association standards of nursing practice

A nurse is planning care for a patient going to surgery. Who is responsible for informing the patient about the surgery along with possible risks, complications, and benefits? A. Family member B. Surgeon C. Nurse D. Nurse Manager

B. Surgeon

Which of the following client cannot legally give consent? A. A married 14-year-old girl. B. A 70-year-old man who is alert and oriented but unable to write his name. C. A 40-year-old client who has been sedated. D. A 50-year-old woman who cannot stop crying during explanation.

C. A 40-year-old client who has been sedated.

A home health nurse notices significant bruising on a 2-yearold patient's head, arms, abdomen, and legs. The patient's mother describes the patient's frequent falls. What is the best nursing action for the home health nurse to take? A. Document her findings and treat the patient B. Instruct the mother on safe handling of a 2-year-old child C. Contact a child abuse hotline D. Discuss this story with a colleague

C. Contact a child abuse hotline

You are the night shift nurse and are caring for a newly admitted patient who appears to be confused. The family asks to see the patient's medical record. What is the first nursing action to take? A. Give the family the record B. Give the patient the record C. Discuss the issues that concern the family with them D. Call the nursing supervisor

C. Discuss the issues that concern the family with them

A nurse notes that the health care unit keeps a listing of the patient names at the front desk in easy view for health care providers to more efficiently locate the patient. The nurse talks with the nursing manager because this action is a violation of which act? A. Mental Health Parity Act B. Patient Self-Determination Act (PSDA) C. Health Insurance Portability and Accountability Act (HIPAA) D. Emergency Medical Treatment and Active Labor Act

C. Health Insurance Portability and Accountability Act (HIPAA)

A student nurse employed as a nursing assistant may perform care A. As learned in school B. Expected of a nurse at that level C. Identified in the hospital's job description. D. Requiring technical rather than professional skills.

C. Identified in the hospital's job description.

The nurse received a hand-off report at the change of shift in the conference room from the night shift nurse. The nursing student assigned to the nurse asks to review the medical records of the patients assigned to them. The nurse begins assessing the assigned patients and lists the nursing care information for each patient on each individual patient's message board in the patient rooms. The nurse also lists the patients' medical diagnoses on the message board. Later in the day the nurse discusses the plan of care for a patient who is dying with the patient's family. Which of these actions describes a violation of the Health Insurance Portability and Accountability Act (HIPAA)? A. Discussing patient conditions in the nursing report room at the change of shift B. Allowing nursing students to review patient charts before caring for patients to whom they are assigned C. Posting medical information about the patient on a message board in the patient's room D. Releasing patient information regarding terminal illness to family when the patient has given permission for information to be shared

C. Posting medical information about the patient on a message board in the patient's room

A nurse stops to help in an emergency at the scene of an accident. The injured party files a suit, and the nurse's employing institution insurance does not cover the nurse. What would probably cover the nurse in this situation? A. The nurse's automobile insurance B. The nurse's homeowner's insurance C. The Good Samaritan laws, which grant immunity from suit if there is no gross negligence D. The Patient Care Partnership, which may grant immunity from suit if the injured party consents

C. The Good Samaritan laws, which grant immunity from suit if there is no gross negligence

A nurse is sued for failure to monitor a patient appropriately after a procedure. Which of the following statements are correct about this lawsuit? (Select all that apply.) A. The nurse represents the plaintiff. B. The defendant must prove injury, damage, or loss. C. The person filing the lawsuit has the burden of proof. D. The plaintiff must prove that a breach in the prevailing standard of care caused an injury.

C. The person filing the lawsuit has the burden of proof. D. The plaintiff must prove that a breach in the prevailing standard of care caused an injury.

You are about to administer an oral medication and you question the dosage. You should A. Administer the medication B. Notify the physician. C. Withhold the medication D. Document that the dosage appears incorrect.

C. Withhold the medication

Negligence

Conduct that falls below a standard of care

A client is to undergo an invasive procedure by a physician. The client is questioning some of the terminology in the consent form. Which of the following is the best response by the nurse? A. "You should have asked your physician when he was in here." B. "I'll explain whatever you don't understand." C. "Just sign the form, and I'll make sure your physician talks to you before he begins the procedure." D. "I'll call your physician back in the room to answer your questions."

D. "I'll call your physician back in the room to answer your questions."

A woman who is a Jehovah's Witness has severe life-threatening injuries and is hemorrhaging following a car accident. The health care provider ordered 2 units of packed red blood cells to treat the woman's anemia. The woman's husband refuses to allow the nurse to give his wife the blood. What is the nurse's responsibility? A. Obtain a court order to give the blood B. Coerce the husband into giving the blood C. all security and have the husband removed from the hospital D. Abide by the husband's wishes and inform the health care provider

D. Abide by the husband's wishes and inform the health care provider

Although the client refused the procedure, the nurse insisted and inserted a nasogastric tube in the right nostril. The administrator of the hospital decides to settle the lawsuit because the nurse is most likely to be found guilty of which of the following? A. An unintentional tort B. Assault C. Invasion of privacy D. Battery

D. Battery

Which of the following can be delegated to an UAP? A. Giving pain medication. B. Reporting to the doctor for an abnormal laboratory result. C. Inserting an IV catheter. D. Checking oral temperature.

D. Checking oral temperature.

A homeless man enters the emergency department seeking health care. The health care provider indicates that the patient needs to be transferred to the City Hospital for care. This action is most likely a violation of which of the following laws? A. Health Insurance Portability and Accountability Act (HIPAA) B. Americans with Disabilities Act (ADA) C. Patient Self-Determination Act (PSDA) D. Emergency Medical Treatment and Active Labor Act (EMTALA)

D. Emergency Medical Treatment and Active Labor Act (EMTALA)

Libel

Defamation by means of print, writing or picture

Slander

Defamation by spoken word

Statutory Law

Elected legislative bodies such as state legislatures and the U.S. Congress

Felony

Is a crime of serious nature that has a penalty of imprisonment for longer than 1 year or even death.

Misdemeanor

Is a less serious crime that has a penalty of a fine or imprisonment for less than 1 year.

Common Law

Judicial decisions made in court when individual legal cases are decided.

Health Care Proxy or Durable power of Attorney for health care (DPAHC)

Legal document that designates a person or persons of one's choosing to make health care decisions when the patient is no longer able to make decisions on his or her own behalf.

Unintentional Tort

Negligence, malpractice

Malpractice

One type of negligence and often referred to as professional negligence.

Criminal Laws

Protect society as a whole and provide punishment for crimes, which are defined by municipal, state and federal legislation.

Civil Laws

Protect the rights of individuals within our society and provide for fair and equitable treatment when civil wrong or violations occur.

Confidentiality

Protects private patient information once it ha been disclosed in health care settings.

Regulatory Law or Administrative Law

Reflects decisions made by administrative bodes such as State Boards of Nursing when they pass rules and regulations

Living wills

Represent written documents that direct treatment in accordance with a patient's wishes in the even of a terminal illness or condition.

Privacy

The right of patients to keep personal information from being disclosed.

Delegation

The transfer of a responsibility for the performance of an activity from one person to another while retaining accountability for the outcome

Intentional tort

Willful acts that violate another's rights such as assault, battery, and false imprisonment.