Legal - Foundations

Which scenario is an example of certification? - A graduate of a nursing education program who passes NCLEX-RN - A nurse who demonstrates advanced expertise in a content area of nursing through special testing - An education program that meets standards of the National League for Nursing - A hospital that meets the standards of the Joint Commission

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

A nurse and the facility have been named as defendants in a malpractice lawsuit. In addition to the nurse's attorney, whom else would be appropriate for the nurse to talk with about the case? The agency's risk manager A colleague The local press The plaintiff's lawyer

The agency's risk manager

A nurse confides in a nurse friend, "I never report minor incidents. The charge nurse always wants a variance report filled out and they take so much time." Which responses by the friend are indicated? Select all that apply. - "Having documentation might keep you out of trouble someday." - "As long as no one is hurt, I don't see a problem with not reporting minor incidences." - "I usually document the problem in the chart, but don't fill out a report." - "Reporting helps us fix problems that result in danger to clients." - "I don't blame you, I think the charge nurse is just trying to get us in trouble."

"Having documentation might keep you out of trouble someday." "Reporting helps us fix problems that result in danger to clients."

4 elements of liability

1. duty - obligation to use due care 2. breach of duty - failure to meet the standard of care 3. causation - failure to meet the standard of care actually caused the injury 4. damages - actual harm or injury resulting to the patient

A client is in a persistent vegetative state. The client has no immediate family and is a ward of the state. Under these circumstances, who will speak on this client's behalf? A significant other A surrogate decision maker A church-appointed guardian A best friend

A surrogate decision maker

A nurse threatens to restrain a verbally abusive client if the abuse continues. Which legal tort has the nurse committed? Invasion of privacy Defamation of character Assault Negligence

Assault

Which are torts rather than crimes? Select all that apply. Assault Defamation of character Manslaughter Robbery Negligence

Assault Defamation of character Negligence

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? Assault Battery Defamation of character Fraud

Battery

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? Consult with the hospital's legal department as soon as possible. Consult with practice advisors from the state board of nursing. Document the client's claims and the events surrounding the alleged incident. Enlist support from nursing and nonnursing colleagues from the unit.

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

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? Libel Slander Malpractice Negligence

Slander

Torts

a wrong committed by a person against another person or his or her property

intentional torts

assault, battery

assault

threat or an attempt to make bodily contact with another person without that person's consent

Incident Reports

used to document the occurrence of anything out of the ordinary that result in, or has the potential to result in, harm to a pt., employee, or visitor reports are used for quality improvement (means of identifying risks) these forms also make all the fats about an incident available to the agency in case of litigation nurse responsible is the one who fills out the incident form

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." "Do you have any identification proving that you are related to the client?" "I'm busy right now but can talk later." "I will call the client and ask for permission to share this infomation with you."

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

Which nursing student would most likely be held liable for negligence? - A nursing student performs a dressing change using sterile technique and documents the presence of necrotic tissue in the wound. - A nursing student reports that insulin was not administered to the client by the nurse on the previous shift. - A nursing student administers medication to a resident while working as an unlicensed assistive personnel (UAP) at a local nursing home. - A nursing student completes an incident report after administering a medication to a client who then experienced an adverse reaction to the medication.

A nursing student administers medication to a resident while working as an unlicensed assistive personnel (UAP) at a local nursing home.

A nurse is caring for a client following endotracheal intubation. Before applying soft wrist restraints to prevent the client from pulling out the endotracheal tube, what is the most appropriate action of the nurse? Notify the family. Sedate the client. Obtain a medical order. Get written consent.

Obtain a medical order.

A client is brought 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 informs the family about the living will. - The nurse ensures that the client signs the consent form. - The nurse informs the family about advance directives. - The nurse ensures that the client's family signs the consent form.

The nurse ensures that the client's family signs the consent form.

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? - The student nurse - The hospital - The student nurse, the nurse instructor, and the hospital - The nurse instructor

The student nurse, the nurse instructor, and the hospital

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

To protect the safety of the public

When the nurse informs a client's employer of the client's autoimmune deficiency disease, the nurse is committing the tort of: breach of contract. assault. invasion of privacy. battery.

invasion of privacy.

unintentional torts

negligence and malpractice

malpractice

negligence by professional personnel

the patient's right to know and view patient education is the legal duty of the ___

nurse

who is responsible for confirming a signed consent is present in the patient's chart and answer any patient's questions about the consent.

nurse

Competent Practice

the nurse's most important and best legal safeguard responsible for making sure educational background and clinical experience are adequate to fulfill nursing responsibilities

Which scenario is an example of certification? - A hospital that meets the standards of the Joint Commission - An education program that meets the standards of the National League for Nursing - A nurse who demonstrates advanced expertise in a content area of nursing through special testing - 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 nurse talks with family members about an AIDS client from the clinic where the nurse works. Which tort has the nurse committed? Invasion of privacy Assault Fraud Slander

Invasion of privacy

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? Defamation of character Negligence of duty Invasion of privacy Unintentional tort

Invasion of privacy

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? The nurse should inform the client of the change in medication. The nurse should write the order and implement it. The nurse should ask the physician to come back and write the order. The nurse should remind the physician later to write the work order.

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

A nurse is caring for a client who has undergone coronary angioplasty. The cardiac monitor is showing abnormal electrocardiogram waves, indicating atrial fibrillation. The nurse does not recognize the importance of the sign; as a result, the client's condition deteriorates and the client has to be taken up for an emergency procedure. Which describes the nurse's legal liability? Felony Tort Defamation Slander

Tort

What governing body has the authority to revoke or suspend a nurse's license? The Supreme Court The State Board of Nurse Examiners The National League for Nursing The employing health care institution

The State Board of Nurse Examiners

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? "We have it on file here, so any hospital can call and get a copy." "A living will can only be used in the state in which it was created." "Take it with you. It is recognized universally in the United States." "As long as your family knows your medical wishes, you will not need it."

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

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? 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 3 times. As usual, health care provider did not respond. 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. 1300: Client temperature elevated. Telephoned health care provider's service 3 times without a response. Tepid sponge bath given and nursing supervisor notified.

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

Which process evaluates and recognizes educational programs as having met certain standards? Licensure Accreditation Credentialing Certification

Accreditation

Which action constitutes battery? -The nurse tells a client that the client cannot leave the hospital because the client is seriously ill. -While bathing a client behind pulled curtains, two nurses discuss a different client. -The nurse threatens to restrain a client if the client does not take a medication. -An older adult client refuses an intramuscular injection, but the nurse administers it.

An older adult client refuses an intramuscular injection, but the nurse administers it.

A nurse fails to communicate a change in the client's condition to the physician. Which element related to proving malpractice has been met? Duty Breach of duty Proximate cause Damages

Breach of duty

Having recently completed a specialty nursing program in neonatal care, a nurse is now preparing to leave the medical unit and begin providing care in the hospital's neonatal intensive care unit (NICU). The nurse has completed which process of credentialing? Validation Licensure Accreditation Certification

Certification

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? Duty Breach of duty Causation Damages

Duty

Informed Consent

Every person is granted freedom from bodily contact by another person unless consent is granted Informed and voluntary consent must be written, designated for the procedure to be performed, and signed by the patient or person legally responsible for the patient.

A nurse working on a busy medical- surgical unit does not take the vital signs of client who is preparing for discharge but instead documents the same vital signs obtained for this client earlier in the morning. For which tort would the nurse be potentially liable? Assault Battery False imprisonment Fraud

Fraud

When talking with family over dinner, the nurse shares about a client with infertility at the hospital, identifying the person by name. Which tort has the nurse committed? Slander Invasion of privacy Assault Fraud

Invasion of privacy

The nursing supervisor is preparing to delegate some aspects of the nursing care plan interventions to other healthcare providers on the unit. Which are the responsibilities of nursing supervisors? Select all that apply. -Assigning tasks to staff according to each member's preference to improve staff moral -Assigning to registered nurses rather than nonprofessional staff the practice-pervasive functions of assessment -Ensuring that care is delivered accurately and appropriately -Knowing the job descriptions and capabilities of each person on the team in depth -Delegating the ultimate responsibility for the care provided to each staff member

Knowing the job descriptions and capabilities of each person on the team in depth Assigning to registered nurses rather than nonprofessional staff the practice-pervasive functions of assessment Ensuring that care is delivered accurately and appropriately

A nurse witnesses a traffic accident and dresses the open wounds 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 is not applicable to health care workers. - The Good Samaritan law will not protect the nurse because the nurse did not accept compensation. - The Good Samaritan law will provide legal immunity to the nurse. - The Good Samaritan law will provide absolute exemption from prosecution.

The Good Samaritan law will provide legal immunity to the nurse.

Injuries related to lifting or transferring clients occur in the health care setting and may be considered a work-related injury. Which law was intended to reduce work-related injuries and illnesses? The Occupational Safety and Health Act of 1970 Americans with Disabilities Act of 1990 Title VII of the Civil Rights Act of 1964 The Health Care Quality Improvement Act of 1986

The Occupational Safety and Health Act of 1970

After reporting to work for a night shift, the nurse learns that the unit is understaffed because two RNs called out sick. As a result, each nurse on the unit must provide care for four acute clients in addition to the nurse's regular clients. Which statement is true for this nurse when working in understaffed circumstances? The nurse must document that float staff, nurses on overtime, and part-time staff were contacted in an effort to fill the gaps in care. The nurse is legally held to the same standards of care as when staffing levels are normal. Understaffing constitutes an extenuating circumstance that creates a temporarily lower expectation for care for the nurse. The nurse is legally obliged to refuse to provide care when understaffing creates the potential for unsafe condition

The nurse is legally held to the same standards of care as when staffing levels are normal.

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? To determine the nurse's fault in the incident To evaluate the quality of care provided and assess the potential risks for injury to the client To evaluate the immediate care provided by the nurse to the client 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 complete incident reports as dictated by the agency protocol. What is the primary reason nurses fill out an incident report? To improve quality of care To document everyday occurrences To initiate litigation To document the need for disciplinary action

To improve quality of care

Standards of Care

What a reasonably prudent person would or would not have done under similar circumstances. All nurses are responsible for following the standards of care for their particular area of practice

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 will. a license. an advance directive. a standard of care.

an advance directive.

Battery

an assault that is carried out and includes every willful, angry, and violent or negligent touching of another person's body or clothes or anything attached to or held by that other person.

While riding in the elevator, a nurse discusses the HIV-positive status of a client with other colleagues. The nurse's action reflects: professional negligence. invasion of privacy. defamation of character. false imprisonment.

invasion of privacy.

physician orders and nurses

nurses are legally responsible for carrying out (unless an order would lead a reasonably prudent person to anticipate injury if it were carried out)

Negligence

performing an act that a reasonably prudent person under similar circumstances would not do or conversely, failing to perform an act that a reasonably prudent person under similar circumstances would do.

A nurse is overheard in the hospital cafeteria making false, derogatory comments about a client. The nurse is guilty of: libel. invasion of privacy. assault. slander.

slander.