Evolve- Legal

The occupational nurse is speaking to a patient who has started a new job after working for a company for 6 months. The patient is worried about losing health insurance. Which advice should the nurse give to the patient?

"You should apply for your new health plan as soon as possible."

A patient who has tested positive for human immunodeficiency virus (HIV) tells the nurse, "I feel helpless. My boss fired me because I'm HIV positive." Which is the best response by the nurse?

"You should approach a lawyer. You're protected by the Americans with Disabilities Act."

Following an accident at a job site, a patient's employer contacts the hospital and asks the nurse about the patient's condition to determine the patient's likelihood of returning to work in the future. Which is the best response by the nurse to the employer?

"You will have to get the patient's permission to receive any related information."

The nurse assesses a child in a psychiatric facility. The nurse finds that the child has suicidal thoughts. How should the nurse instruct the child's parents?

"Your child needs to be admitted to the facility immediately."

The nurse is assessing a postsurgical patient who is in acute pain. The patient is not willing to change position for x-rays. The nurse tells the patient that a sedative injection will be administered if the patient does not cooperate for the procedure. Which tort is indicated?

Assault

An 8-year-old girl is brought to the emergency room with severe abdominal pain. The nurse has to get consent before medical treatment can begin. The parents of the child are divorced and the mother has custody. The patient is accompanied by her mother, father, and sister, the latter aged 19 years old. What information should be provided before the patient's guardian gives consent? Select all that apply.

A complete explanation of the procedure or treatment Names and qualifications of the people performing the treatment A description of possible adverse effects or side effects of the treatment

The nurse notes that an advance directive is on a patient's medical record. Which statement best describes an advance directive guideline?

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

A student nurse who has not been trained to administer medications is assisting a registered nurse while caring for various patients in the general ward. Which intervention by the student nurse may result in a malpractice lawsuit?

Administering a subcutaneous injection

The night shift nurse is 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?

Allow the family to express concerns.

The nurse is caring for a patient who is extremely irritable and agitated. The nurse first transfers the patient forcefully to an isolated room to avoid disturbing other patients in the ward. The nurse then sedates the patient by giving a morphine injection. Which torts has the nurse committed? Select all that apply.

Battery False imprisonment

The nurse has failed to obtain informed consent before performing a procedure on a patient. Which type of torts result from this nursing action? Select all that apply.

Battery Negligence

A nursing student is learning about the role of the State Board of Nursing. Which are functions of the State Board of Nursing? Select all that apply.

Can suspend the license of the nurse who violates licensing provisions. Licenses all registered nurses in the state in which they practice. Has to follow due process before revoking or suspending a license.

The nurse is learning about the legal implications in nursing practice. Which statements are true about the various sources of law? Select all that apply.

Civil laws protect the rights of individuals in the society. Criminal laws protect society by providing punishment for crimes Regulatory law reflects decisions made by administrative bodies when they pass rules

A patient is brought to the hospital after a motor vehicle accident. Which law makes it mandatory for the healthcare facility to provide emergency care to patients before transferring them to other hospitals?

Emergency Medical Treatment and Active Labor Act

A patient who has developed a pulmonary embolism after abdominal surgery is immediately transferred to another hospital. Which law has been broken in this case?

Emergency Medical Treatment and Active Labor Act

The nurse is caring for a patient who is in early stages of cardiac failure. The patient tells the healthcare provider and the nurse that he wishes to end his life without any suffering as soon as possible. Which would be the most appropriate action?

Explain to the patient that his life can be extended.

The nurse is learning about negligence in unintentional torts. Which actions would the nurse consider as common acts of negligence? Select all that apply

Failure to follow orders Failure to document monitoring Failure to follow policies and guidelines

The nurse notes that the healthcare unit keeps a listing of the patient names at the front desk in easy view for healthcare providers to more efficiently locate the patient. Which does this action violate?

Health Insurance Portability and Accountability Act (HIPAA)

A terminally ill patient does not want to be resuscitated if complications arise. Which document would record the patient's wishes regarding treatment?

Living will

The nurse is learning about nursing malpractice. Which statements should the nurse consider as good nursing practice? Select all that apply.

Nursing notes should be maintained properly. Nursing records should be properly preserved Institutions should maintain complete nursing records

A patient has just been diagnosed with hepatitis B. Which is the most appropriate nursing action to avoid invasion of privacy?

Obtain permission from the patient to inform the patient's spouse about the disease.

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 action violates the Health Insurance Portability and Accountability Act (HIPAA)?

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

The nurse has been falsely accused of providing inadequate care to a patient by another nurse. The nurse has received praise in the past for providing quality care to the patients. Which tort does this indicate?

Slander

What should the nurse do to avoid malpractice and the resulting professional negligence? Select all that apply.

Strictly follow the given standards of care Regularly update current nursing knowledge Properly document all assessments and interventions

The nurse is planning care for a patient going to surgery. Who is responsible for informing the patient about the surgery and possible risks, complications, and benefits?

Surgeon

Which actions, if performed by a registered nurse, would result in both criminal and administrative sanctions against the nurse? Select all that apply.

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

The 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. Which would probably cover the nurse in this situation?

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

The hospital administrators warn the nurse about being negligent while providing patient care. Which is the most appropriate reason for the warning?

The nurse has given an excessive dose of hepatotoxic drug to a patient with liver failure

Which criteria can be used to establish nursing malpractice? Select all that apply.

The nurse owed a duty to a patient. The nurse did not follow an ordered intervention for a patient. The nurse's failure to carry out the duty caused an injury to the patient.

A patient dies after receiving care from the nurse. In what circumstance would the nurse be legally protected by the Good Samaritan Act?

The nurse provides emergency care outside the hospital, performing a procedure for which the nurse has been trained

Hospital administrators have warned the healthcare team about invasion of a patient's privacy. Which could have been the reason for this warning?

The nurse read text messages on the patient's cell phone

The nurse has been charged for committing a misdemeanor. Which action will be taken against the nurse?

The nurse will be asked to pay a fine

The nurse wraps and ties a cloth to prevent bleeding from the site of injury for a patient who is a victim of a traffic accident. The patient is taken to the hospital and presents with signs of infection. Which action will be taken against the nurse?

The nurse will not face any action.

A group of nurses makes a list of patients who require organ transplantation. Which patient would be given priority for organ transplantation?

The patient who is most critically ill

The healthcare provider has asked for a postmortem examination on a patient. Under which circumstances can a healthcare provider make the decision to perform an autopsy? Select all that apply.

The patient's death occurred under suspicious circumstances. The patient died within 1 hour of being admitted to the hospital.

The nurse is sued for failure to monitor a patient appropriately after a procedure. Which statements are correct about this lawsuit? Select all that apply.

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

The nurse is working the night shift in an emergency room. The nurse receives a patient who is violent toward the staff. The patient is uncooperative and hysterical. The nurse decides to use restraints on this patient. Which are indications for using restraints? Select all that apply.

There is a written order from the healthcare provider. All other less restrictive interventions are unsuccessful. The patient may harm other patients.

The nurse is evaluating the need for the use of restraints when managing a patient with delirium. Under which circumstances should the nurse use restraints? Select all that apply.

To ensure physical safety of the patient With a written order from a healthcare provider When less restrictive interventions have failed

A patient is abusive and rude with the student nurse. The student nurse documents that the patient is uncooperative and shows symptoms of alcohol withdrawal. As a result the patient will be transferred to a different floor. Which is the best classification of this nurse's error?

Libel

A nursing student has learned about advance directives for healthcare. Which documents should the student classify as advance directives? Select all that apply.

Living wills Health care proxies Durable powers of attorney for health care

The nurse is teaching a group of patients about the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Which statements regarding privacy and confidentiality are true? Select all that apply. 1. All persons can view the medical records of a patient. 2. Nurses should help organizations protect a patient's right to confidentiality. 3. Nurses have the right to discuss a patient's health information in public places. 4. Privacy is the right of patients to keep personal information from being disclosed. 5. Patients have the right to consent to the disclosure of their protected health information.

2, 4, 5

A nursing student is learning about the standards of care for nursing. Which should the student do to maintain high nursing standards? Select all that apply. 1. Learn about the Nurse Practice Act in the state. 2. Follow updates in laws and policies practiced. 3. Read current nursing literature in specified practice areas. 4. Avoid using procedures given by the employment agency. 5. Understand current legal issues affecting nursing practice

1, 2, 3, 5

The nurse is explaining the Americans with Disabilities Act (ADA) to a patient with human immunodeficiency virus (HIV). Which information should the nurse include? Select all that apply. 1. People with HIV who are asymptomatic also come under the category of disabled people. 2. People with HIV have the right to decide whether to disclose their infection. 3. Healthcare workers have the choice to not treat patients who are HIV positive. 4. Healthcare professionals who are HIV positive can also choose to decide whether to disclose their infection. 5. The motive of ADA is to provide equal opportunities for people with disabilities

1, 2, 4, 5

The nurse attends to a patient who sustained injuries when crossing the street. The patient was hit by a car that failed to stop at a stop sign. The patient was rushed to the emergency department and then to surgery to repair injuries. After surgery, the patient was transferred to the medical-surgical unit for postsurgical management. The healthcare provider informs the nurse that patient confidentiality should be strictly maintained. What should the nurse interpret from this? Select all that apply. 1. The nurse should respect that the patient has the right to keep personal information from being disclosed. 2. The nurse should avoid discussing the patient's medical reports in public areas with other healthcare professionals. 3. The nurse should not disclose information about a procedure to the patient. 4. The nurse must protect any private information about the patient, once it has been disclosed in healthcare settings. 5. Message boards where daily nursing care information is posted in the patient's room cannot contain information revealing the patient's medical condition.

2, 4, 5

When witnessing a patient giving informed consent prior to undergoing surgery, which actions should the nurse perform? Select all that apply.

Confirm that the patient has understood the information about the surgery. Inform the healthcare provider if the patient refuses to undergo the surgery. Sign the consent form as a witness, once the patient voluntarily gives consent

A 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 statements regarding a breach of duty apply to this situation? Select all that apply.

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

A student nurse is gossiping with colleagues about a patient's many romantic relationships. The registered nurse warns the student nurse about talking about the patient's personal life in a public place. The nurse's warning is intended to prevent which error?

Invasion of privacy

While caring for an 8-year-old patient, the nurse finds that the child appears scared of the parents and has bruises on the soles of the feet and on the back. Which laws obligate the nurse to report suspected abuse to law enforcement authorities?

Public health laws