Chapter 8 Legal Issues in Nursing and Health Care

Which nursing situation demonstrates the greatest need for individual malpractice insurance to help manage professional legal risk? (Select all that apply.) a. Accepting the role of weekend unit manager b. Delegating health care responsibilities to nursing staff c. Working for the federal government attending to embassy staff d. Being licensed in a state where sovereign immunity is in effect e. Regularly working in the facility's float pool

a. Accepting the role of weekend unit manager b. Delegating health care responsibilities to nursing staff d. Being licensed in a state where sovereign immunity is in effect e. Regularly working in the facility's float pool

A nurse is assigned to a unit other than the one she is normally assigned due to increased census on the alternate unit. She is assigned to care for seven patients and participates in walking rounds where the patient's condition and needs are discussed between oncoming and off-going shifts of the interdisciplinary team. The nurse carefully makes notes of all pending orders and prioritizes needs. The nurse enters the cafeteria later and the notes accidentally fall from her pocket, which contain the above information that contains patient sensitive data. The liabilities arising from this incident would be covered under what issue? a. Compliance with the Health Insurance Portability and Accountability Act (HIPAA) b. Performance in accordance with the American Nurse's Association (ANA) Scope and Practice Act c. Nursing role in the securing of implied consent d. Personal liability with floating and cross-training

a. Compliance with the Health Insurance Portability and Accountability Act (HIPAA)

When differentiating between slander and libel, the nurse knows that libel is characterized by what action? a. Defamation caused by subjective comments written in the nurse's notes b. Negative subjective comments made to those who are not providing care c. Verbally describing to the oncoming nurse assigned to the client objective data that place the client in a negative light d. Repeating prejudiced comments made by the primary caregiver to a neighbor at the local supermarket

a. Defamation caused by subjective comments written in the nurse's notes

Which components must be included regarding informed consent? (Select all that apply.) a. Identification of risks for non-treatment b. Discussion of expected benefits c. Identification of known risks d. Acknowledgement of alternative therapy e. Communication of the estimate cost involved

a. Identification of risks for non-treatment b. Discussion of expected benefits c. Identification of known risks d. Acknowledgement of alternative therapy

A nurse is caring for a client with malignant hypertension whose blood pressure has increased by 40 mm Hg during the past hour. The nurse goes to lunch and fails to report the change to the physician. The nurse is at risk for being charged with which legal claim? a. Negligence b. Assault c. Defamation of character d. Tort

a. Negligence

A client arrives in active labor and exhibits toxemia with irregular fetal heart tones. The client is an immigrant and is uninsured. Which act would prevent the client from being transferred to another facility? a. The Emergency Medical Treatment and Active Labor Law b. Health Insurance Portability and Accountability Act c. Patient Self-Determination Act d. The Patient Safety and Quality Improvement Act

a. The Emergency Medical Treatment and Active Labor Law

A nurse testifies at trail that a professional with the knowledge and skill of an RN should understand that, before administering digoxin, the client's potassium level and pulse level is always checked to prevent negative effects on cardiac output. The nurse's testimony as to what constitutes reasonable care is based on what criteria source? a. The legal definition of standard of care b. The legal definition of the informed consent process c. The doctrine of res ipsa loquitur d. The concept of governmental immunity

a. The legal definition of standard of care

A nurse learns in orientation that an incident report does not "blame" anyone but concisely documents the events leading up to an occurrence. Which events would warrant completion of an incident report? (Select all that apply.) a. The client is crying and distraught when learning of a diagnosis of cancer. b. An intravenous antibiotic given preoperatively does not infuse because of a faulty pump. c. The nurse is unable to carry out orders written by the specialist because of illegibility. d. A client falls while in the shower, after being instructed not to get up alone. e. The registered nurse is not available to complete the preoperative checklist.

b. An intravenous antibiotic given preoperatively does not infuse because of a faulty pump. c. The nurse is unable to carry out orders written by the specialist because of illegibility. d. A client falls while in the shower, after being instructed not to get up alone. e. The registered nurse is not available to complete the preoperative checklist.

Which types of abuse are the nurse required to report or be subject to fines and imprisonment for not reporting? (Select all that apply.) a. Animal b. Child c. Alcohol d. Infant e. Emotional

b. Child d. Infant

When the client is unable to make medical decisions, authorization that allows another person to make these decisions is referred to by what term? a. A living will b. Durable power of attorney c. Informed consent d. Immunity

b. Durable power of attorney

What examples should the nurse provide to best describe an advance directive? (Select all that apply.) a. Preserving cord blood for possible future needs of a child b. Providing instructions about personal preferences regarding life-sustaining medical procedures c. Giving someone the legal right to act on one's behalf when one becomes incapacitated d. Completing hospital admission paperwork before being admitted to the hospital

b. Providing instructions about personal preferences regarding life-sustaining medical procedures c. Giving someone the legal right to act on one's behalf when one becomes incapacitated

Although a hospital reversed all charges when a client was the victim of wrong site surgery, the court awarded the client $1.5 million. The client could return to work in 6 weeks and had no permanent damages. This monetary compensation is referred to by what term? a. Lability b. Punitive damages c. Vicarious liability d. Immunity

b. Punitive damages

A blood reaction occurrence is noted in a client who did not receive pretransfusion care as clearly documented in the facility's policies and procedures. The nurse providing care is liable for which legal tort? a. Comparative negligence b. Punitive damages c. Criminal negligence d. Involuntary tort

c. Criminal negligence

A physician shares with the patient's family that, while a central line was being inserted, the patient's lungs were inadvertently punctured, which required oxygen administration. The physician also explains that a chest x-ray indicated the lung remained intact and no additional treatment was required. The physician's role in this instance is based on what legal principle? a. Comparative negligence b. Gross negligence c. Disclosure d. Emergency Medical Treatment and Active Labor Act (EMTALA)

c. Disclosure

A nurse who functions in the role of team leader can be held negligent for matters involving what focus? a. Adequate training b. Policies and procedures c. Staff discipline d. Delegation

d. Delegation

A primary health provider prescribes a drug for a patient with a known allergy, it is administered and results in anaphylactic shock. What statement is accurate regarding disclosure of this event? a. Disclosure of the error will result in more severe ramifications for the agency than if the negligence is discovered by the patient or family. b. Disclosure of the occurrence should occur before notification of the prescribing health provider c. Disclosure as an essential component of the national patient safety movement. d. Disclosure to the patient's insurance company is focused on decreasing costs.

c. Disclosure as an essential component of the national patient safety movement.

A nursing student planning to apply for licensure knows that being charged with which offense would result in a misdemeanor criminal offense? a. Solicitation of illegal drugs b. Stealing a car c. Failing to report elder abuse d. Billing Medicare for services not rendered

c. Failing to report elder abuse

A client states, "I am leaving. No one here knows what they are doing." The nurse completing the Against Medical Advice form must implement what intervention to best assure client safety? a. Notify the primary health care provider of the client's wish to leave. b. Alert family that the client will be leaving the facility. c. Inform the client that leaving could result in complications and impairment. d. Require security staff to accompany the client to the facility's main entrance.

c. Inform the client that leaving could result in complications and impairment.

All hospitals receiving Medicare and Medicaid funds must ask clients whether they have a living will or a durable power of attorney. What legislative act makes this action mandatory? a. Emergency Treatment and Active Labor Law b. Americans with Disabilities Act c. Uniform Health Care Decisions Act d. Patient Self-Determination Act

c. Uniform Health Care Decisions Act

A nurse is caring for a client who just suffered a stroke and is medicated for pain. The nurse completes the following interventions: places the client on the examining table, completes a thorough history and physical, covers the client with a sheet, places the call button within reach, and goes out in the hall to speak with the client's primary care provider. The client tries to get up to speak with his family and falls, sustaining a hematoma on the head and a broken hip. The nurse's actions reflect which legal claim? a. Invasion of privacy b. Libel c. Slander d. Negligence

d. Negligence

When can a nurse detain a client by implementing restraints? a. Staffing resources are insufficient to monitor a patient. b. The client is demonstrating behaviors associated with confusion. c. The family requests the restraints to prevent the client from leaving the facility. d. There are current prescribed instructions for their use.

d. There are current prescribed instructions for their use.