Lippincott for Taylor: Fundamentals of Nursing Chapter 7- Legal Dimensions of Nursing Practice

Professional regulations and laws that govern nursing practice are in place for which reason?

To protect the safety of the public

What issues are covered by State legislation?

Scope of practice for RNs, LPNs, advanced practice nurses • Nursing educational requirements • Composition and disciplinary authority of board of nursing

A nurse hired to work in an ambulatory setting attends new employee orientation. The nurse never worked in ambulatory before and is concerned about the Scope and Standards of Practice for Professional Ambulatory Care Nursing. Which response by the nurse educator would further explain the Scope and Standards of Practice for Professional Care Nursing to the new nurse? "The Scope and Standards of Practice for Professional Ambulatory Care Nursing sets the standards for the nursing supervisor to assess a nurse." "The Scope and Standards of Practice for Professional Ambulatory Care Nursing takes precedent over the facility's policies and procedures." "The Scope and Standards of Practice for Professional Ambulatory Care Nursing deals with the professional obligations of a nurse working in the ambulatory setting." "The Scope and Standards of Practice for Professional Ambulatory Care Nursing determines if a nurse is minimally competent to receive a license to practice as a nurse."

"The Scope and Standards of Practice for Professional Ambulatory Care Nursing deals with the professional obligations of a nurse working in the ambulatory setting." The Scope and Standards of Practice for Professional Ambulatory Care Nursing are the standards of care for nurses working in the ambulatory arena. It does not take precedent over the facility's policies and procedures, but must be worked in conjunction with the policies and procedures. It is not used for assessing nurses. NCLEX determines if a nurse is minimally competent to practice as a nurse.

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?

"The rules made by the board of nursing don't reflect my practice." A nurse's practice should reflect the rules of the board of nursing rather than vice versa. Boards of nursing are established by state legislation through the state's nurse practice act and exist to protect the public. These rules help to keep unlicensed people from practicing nursing.

What 3 processes are used for credentialing in nursing?

-Accreditation -Licensure -Certification

In all health care facilities, informed & voluntary consent is needed for:

-Admission -Each specialized diagnostic or treatment procedure -Any experimental treatments or procedures

Legal Safeguards for Nurses include:

-Developing & maintaining interpersonal communication skills -Respecting legal boundaries of practice -Following institutional procedures & policies -"Owning" personal strengths and weaknesses; seeking means of growth, education, and supervised experience to ensure continued competence for new & evolving responsibilities -Evaluating proposed assignments; refusing to accept responsibilities for which you are unprepared -Keeping current in nursing knowledge & skills -Respecting patient rights and developing rapport with patients -Working with the facility to develop and support management policies -Keeping careful documentation

What three behaviors contribute to errors?

-Human error, which occurs unintentionally & without malicious intent -At-risk behavior, which encompasses acts designed to cut corners and save time despite the known but seemingly justified behavior -Reckless behavior, which consists of acts that disregard all safety measures

In which instances is signed consent not needed?

-In an emergency if there's an immediate threat to life or health -If experts would agree that it is an emergency -If the patient is unable to consent & a legally authorized person cannot be reached

For a contract to be legally enforceable, it must involve:

-Real consent of the parties -A valid consideration -A lawful purpose -Competent parties -Format required by law

What percentage of nurses may be impaired or in recovery from alcohol or drug addiction?

1 in 10, or 10% to 15%

In most states, you must be ____________ years old to legally provide medical consent

18

What is a grievance?

A complaint against management by one or more personnel concerning an actual, alleged, or perceived injustice.

The client being admitted to the oncology unit conveys wishes regarding the use of tube feedings if the client becomes unable to feed by mouth. The nurse advises the client that it would be in the client's best interest to obtain which document? A living will A proxy directive A feeding plan Proof of health care power of attorney

A living will A living will is an advance directive that specifies the type of medical treatment clients do or do not want to receive should they be unable to speak for themselves in a terminal or otherwise unconscious condition. A will is a legal document detailing how to dispose of one's assets and belongings upon death. -Proof of health care power of attorney and a proxy directive are documents identifying another person to legally make health care decisions for the client. In this case the client is stating the client's own decisions in advance of potential incapacitation. -A feeding plan focusing on the actual logistics of feeding, not client rights or wishes surrounding it.

Which is an example of an unintentional tort?

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

Which scenario is an example of certification?

A nurse who demonstrates advanced expertise in a content area of nursing through special testing Certification is a voluntary process whereby a person who has met criteria established by a nongovernmental association is granted special recognition in a specified practice area.

What is a contract?

An exchange of promises between two parties

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 surrogate decision maker Infants, young children, people with severe cognitive impairment or who are incapacitated, and people in a persistent vegetative state or coma do not have the capacity to participate in decision-making about their health care. For such people, a surrogate decision maker must be legally designated to act on their behalf. The surrogate decision maker may be any one of the individuals listed in the other answers, if properly identified by the hospital authorities.

Newly hired nurses in a busy suburban hospital are required to read the state nurse practice act as part of their training. Which topics are covered by this act? Select all that apply. a. Violations that may result in disciplinary action b. Clinical procedures c. Medication administration d. Scope of practice e. Delegation policies f. Medicare reimbursement

A. Violations that may result in disciplinary action D. Delegation policies Each state has a nurse practice act that protects the public by broadly defining the legal scope of nursing practice. Practicing beyond those limits makes nurses vulnerable to charges of violating the state nurse practice act. Nurse practice acts also list the violations that can result in disciplinary actions against nurses. Clinical procedures are covered by the health care institutions themselves. Medication administration and delegation are topics covered by the board of nursing. Laws governing Medicare reimbursement are enacted through federal legislation. The

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

Accreditation Accreditation is the process by which an educational program is evaluated and recognized as having met certain standards. Credentialing refers to ways in which professional competence is ensured and maintained. Licensure is the process by which a state determines that a candidate meets certain minimum requirements to practice in the profession—and grants that person the license to do so. Certification is the process by which a person who has met certain criteria established by a nongovernmental association is granted recognition in a specified practice area.

Which process evaluates and recognizes educational programs as having met certain standards?

Accreditation is the process by which an educational program is evaluated and recognized as having met certain standards.

Which court only hears cases questioning a point of law, with no testifying witnesses?

Appellate Court

An RN is working on a medical-surgical unit with a licensed practical/vocational nurse (LPN/LVN). Which action by the RN is considered negligent if injury results from this action?

Asking the LPN/LVN to teach a new diabetic client how to administer insulin Teaching is not in the current scope of practice for a LPN/LVN, and thus the RN's delegation of this task to the LPN/LVN could be considered negligence.

A nurse answers a call light and finds the patient on the floor by the bathroom door. After calling for assistance and examining the patient for injury, the nurse helps the patient back to bed and then fills out an incident report. Which statements accurately describe steps of this procedure and why it is performed? Select all that apply. A. An incident report is used as disciplinary action against staff members B. An incident report is used as means of identifying risks C. An incident report is used for quality control D. The facility manager completes the incident report E. An incident report makes facts available in case litigation occurs F. Filing of an incident report should be rdocumented in the patient record

B. An incident report is used as a means of identifying risks C. An incident report is used for quality control E. An incident report makes facts available in case litigation occurs

The nurse inserts a prescribed urinary catheter into the client's urethra after the client has refused the procedure, resulting in a bladder injury. The client may sue the nurse for which type of tort? Invasion of privacy Dereliction of duty Battery Assault

Battery Battery is touching a person's body without consent. A nurse may be sued for battery if the nurse fails to obtain consent for a procedure. Assault is a threat or attempt to touch a person without that person's consent. Invasion of privacy is sharing a client's personal information with others without consent. There is no evidence of dereliction of duty by the nurse in this case, which would be negligence or deviation from standard nursing care.

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?

Battery The nurse has committed battery by unlawfully carrying out a procedure that the client had refused. Battery is an assault and includes negligent touching of another person's body or clothes or anything attached to or held by that other person.

An oncology nurse is caring for a client suffering from metabolic encephalopathy and end-stage kidney disease. The client has no known family and no advance directives. Upon entering the room, the nurse observes the client is pale and has no spontaneous respiration. What is the priority action the nurse should take?

Begin CPR

A nurse administers the wrong medication to a patient and the patient is harmed. The health care provider who ordered the medication did not read the documentation that the patient was allergic to the drug. Which statement is true regarding the liability for the administration of the wrong medication?

Both the nurse and the health care provider are responsible for their respective actions.

The nurse is providing care to a client who had orthopedic surgery. The nurse has medicated the client for pain. However, the client reports that the pain is unrelieved. The nurse takes no further action regarding assessment and intervention for the client's pain. The nurse does not notify the surgeon regarding the client's pain. The nurse's failure to take further action represents which element of liability in this case? Duty Causation Breach of duty Damages

Breach of duty Breach of duty is the failure to assess, intervene, or notify the health care provider regarding the client's condition. It does not meet the expected standard of care. Duty refers to an obligation to use due care and is defined by the standard of care appropriate for the nurse-client relationship. Causation is when the failure to meet the standard of care caused injury. Damages are the harm or injury to the client.

A nurse fails to communicate a change in the client's condition to the health care provider. Which element related to proving malpractice has been met?

Breach of duty Failing to communicate a change in the client's condition reflects a breach of duty. Duty describes the relationship between the person and the person being sued. Nurses have a duty to care for their clients.

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

Breach of duty Failing to communicate a change in the client's condition reflects a breach of duty. Duty describes the relationship between the person and the person being sued. Nurses have a duty to care for their clients. The existence of a duty is rarely an issue in a malpractice suit. The action or lack of action must be proven as the cause of the injury. Damages refer to the injury sustained by the client.

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?

Certification

___________________ validates specialty knowledge, experience, and clinical judgment.

Certification

_____________ law includes laws relating to contracts; ownership of property; and the practice of nursing, medicine, pharmacy, and dentistry.

Civil

What issues are covered by a Health care institution?

Clinical procedures, such as wound dressing changes • Policies specific to the institution, specialty, or practice setting • Personnel and employment policies

__________________ practice remains the nurse's most important and best legal safeguard

Competent

______________________ serve as guidelines to legislative bodies

Constitutions

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

A nurse assesses a client with psychotic symptoms and determines that the client needs vest restraints. However, the client asks the nurse not to put on vest restraints. What would be the best nursing action?

Contact the health care provider and obtain necessary orders. If a nurse feels that a client needs to be restrained, the nurse should inform the health care provider and obtain necessary orders.

____________________ refers to ways in which professional competence is ensured and maintained.

Credentialing

What is criminal law?

Criminal law, a type of public law, concerns state and federal criminal statutes, which define criminal actions such as murder, manslaughter, criminal negligence, theft, and illegal possession of drugs.

A veteran nurse, pleaded guilty to a misdemeanor negligence charge in the case of a 75-year-old woman who died after slipping into a coma during routine outpatient hernia surgery. The nurse admitted failing to monitor the woman's vital signs during the procedure. The surgeon who performed the procedure called the nurse's action pure negligence, stating that the patient could have been saved. The patient was a vibrant grandmother of 10 who had walked three quarters of a mile the morning of her surgery and had sung in her church choir the day before. What criteria must be established to prove that the nurse is guilty of malpractice or negligence in this case? a. The surgeon who performed the procedure called the nurse's action pure negligence, saying that the patient could have been saved. b. The fact that this patient should not have died since she was a healthy grandmother of 10, who was physically active and involved in her community. c. The nurse intended to harm the patient and was willfully negligent, as evidenced by the tragic outcome of routine hernia surgery. d. The nurse had a duty to monitor the patient's vital signs, and due to the nurse's failure to perform this duty in this circumstance, the patient died.

D. The nurse had a duty to monitor the patient's vital signs, and due to the nurse's failure to perform this duty in this circumstance, the patient died

What issues are covered by Board of Legislation?

Delegation • Medication administration • Unprofessional conduct • Licensing

What are legal standards?

Developed by legislature and are implemented by authority granted by the state to determine the minimum standards for the education of nurses, to set requirements for licensure or registration and to decide when a nurse's license may be suspended or revoked. (ex. Nurse Practice Act)

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 Causation Breach of duty Damages

Duty Duty refers to an obligation to use due care. The nurse assessed the client and made appropriate interventions and notifications. Breach of duty is the failure to meet the standard of care. An example of breach of duty would be not performing assessments, appropriate interventions, and notifications of the health care provider. Causation is when the breach of duty caused the injury. An example of causation would be failure to perform assessment and appropriate interventions when providing client care, and this caused injury to the client. Damages are the harm or injury that occurred to the client. In this situation, it would be the death of the client.

Impediments of voluntary consent include:

Effects of anxiety, pain, medication, depression language barriers, and temporary or permanent states of disorientation and confusion

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 negligent act performed in an emergency situation Emergency care for a choking victim in a restaurant Any emergency care given when consent is obtained Medical advice given to a neighbor regarding a child's rash

Emergency care for a choking victim in a restaurant Good Samaritan laws are designed to protect health practitioners when they give aid to people in emergency situations in which the practitioner is off duty, such as providing emergency care to a choking victim in a restaurant. The other examples listed are not situations covered by the Good Samaritan law.

When discrimination is suspected, complaints should be filed with whom?

Equal Employment Opportunity Commission (EEOC)

What are the 4 sources of law?

Four sources of laws exist at both the federal and state level: constitutions, statutory law, administrative law, and common law.

What is the most important law affecting individual nursing practice?

Individual state nurse practice act. Each state has a nurse practice act that protects the public by broadly defining the legal scope of nursing practice.

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 Invasion of privacy involves a breach of keeping client information confidential.

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

Invasion of privacy The nurse has committed the tort of invasion of privacy. Personal names and identities should be concealed or obliterated in case studies or research work. Invasion of privacy is a type of intentional tort. Defamation is an act in which untrue information harms a person's reputation and is therefore not applicable here. Negligence is the harm that results because a person did not act reasonably.

While riding in the elevator, a nurse discusses the HIV-positive status of a client with other colleagues. The nurse's action reflects:

Invasion of privacy The nurse's action reflects an invasion of the client's privacy. Disclosing confidential information to an unauthorized third party subjects the nurse to liability for invasion of privacy, even if the information is true.

Which is true of the Occupational Safety and Health Act?

It helps to reduce workforce injuries and illness in the workplace

What is common law?

Law resulting from court decisions that is then followed when other cases involving similar circumstances and facts arise

_______________________ is to be given a license to practice nursing in a state or province after successfully meeting requirements

Licensure

What issues are covered by Federal legislation?

Medicare and Medicaid provisions related to reimbursement for nursing services

Which statement about laws governing the distribution of controlled substances is true? Substance use is not treatable. 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. When a nurse misuses controlled substances in the workplace and gets help, the nurse will not be charged with a criminal act. Nurses are responsible for adhering to specific documentation about controlled substances.

Nurses are responsible for adhering to specific documentation about controlled substances. Nurses have specific responsibilities regarding controlled substances, including specific documentation. Violation of controlled substances laws at the workplace is serious and a criminal act. Substance use is treatable, and the objective is to detect and treat the problem early. It does not matter where the nurse obtains the drugs; the nurse is still liable for personal actions.

Why are nurses less likely to be sued than other healthcare professionals?

Nurses spend more time with patients and take time to answer their questions

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?

Obtain a medical order Nurses must obtain a medical order before each and every instance in which they use restraints.

What are the central values underlying informed consent?

Promoting the patient's well-being Respecting the patient's self-determination

Which law regulates relationships between people and the government?

Public law

In comparison with licensure, which measures entry-level competence, what does certification validate?

Specialty knowledge and clinical judgment

What is a law?

Standard or rule of conduct established and enforced by government.

What are voluntary standards?

Standards developed and implemented by the nursing profession that are not mandatory but are used as guidelines for peer review. (ex. ANA)

Which type of law is enacted through a legislative body?

Statutory law

A nursing student asks the charge nurse about legal liability when performing clinical practice. Which statement regarding liability is true?

Student nurses are held to the same standard of care that would be used to evaluate the actions of a registered nurse.

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 provide legal immunity to the nurse. The Good Samaritan law will provide absolute exemption from prosecution. 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 laws provide legal immunity to passersby who provide emergency first aid to victims of accidents. Therefore, the law is applicable to the nurse in this scenario; moreover, Good Samaritan laws apply to those who do not accept any compensation for services provided. The law is equally applicable to everyone but does not provide absolute exemption from prosecution in cases of negligence. Paramedics, ambulance personnel, health care providers, and nurses who stop to provide assistance are still held to a higher standard of care because they have training above and beyond that of average lay people. In cases of gross negligence, health care workers may be charged with a criminal offense.

Why are medical records important?

The Medical record is the best, and sometimes the only, available evidence if you have to defend your actions

What governing body has the authority to revoke or suspend a nurse's license?

The State Board of Nurse Examiners

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 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 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 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. Examples of legal safeguards for the nurse include the nurse confirming that informed consent was obtained from a client, the nurse educating the client about what to expect during the hospital stay, and the nurse documenting all client care in a timely manner. Legal safeguards for the nurse would not include the nurse executing health care provider's prescriptions without questioning them. Legal safeguards for the nurse would not include the nurse claiming management is responsible for inadequate staffing leading to negligence. Legal safeguards for the nurse would not include the health care provider being responsible for administration of a wrongly prescribed medication.

A nurse enters a client's room and finds that the client is lying on the floor. The nurse makes the client comfortable on the bed and completes an examination. She informs the health care provider and the nursing supervisor about this incident and also completes an incident report. Which action by the nurse indicates correct knowledge of handling an incident report? A) The nurse makes a copy of the incident report and places it in the client's records B) The nurse documents a complete description of the happenings in the client's records.

The nurse documents a complete description of the happenings in the client's records. An incident report is a written account of an unusual, potentially injurious event involving a client, employee, or visitor. It is kept separate from the medical record.

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 is legally held to the same standards of care as when staffing levels are normal The claim of being overworked does not constitute a legal defense, and both the potential for liability and standards of care remain unchanged despite an increased client assignment.

A client is unhappy with the health care provided and informs the nurse that the client is leaving the facility. The client has not been discharged by the health care provider. The nurse finds that the client has dressed and is ready to go. What should the nurse's action be in this situation?

The nurse should call and inform the nursing supervisor of the situation.

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? The nurse administers the medication and reassesses the client after 30 minutes. The nurse withholds the medication and notifies the health care practitioner. The nurse administers the medication after reviewing the client's serum potassium level. 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 are responsible for following the standards of care for their particular work area. A reasonably prudent nurse would withhold the medication and notify the health care practitioner. All other options put the client's safety at risk and would not be done by a reasonably pruden

Who is responsible for obtaining informed consent?

The person performing the diagnostic or treatment procedure or the research study

Laws are intended to chiefly protect the rights of whom?

The public

Why are nurses prime candidates for alcohol & drug addiction problems?

The stress involved in nursing & health care, combined with the availability of controlled substances

Where can nurses obtain liability insurance?

Through the ANA & other nursing associations

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 health care provider. The health care provider advises the nurse to prepare an incident report. What is the purpose of an incident report?

To evaluate the quality of care provided and assess the potential risks for injury to the client An incident report is a written account of an unusual, potentially injurious event involving a client, employee, or visitor. Incident reports determine how to prevent hazardous situations and serve as a reference in case of future litigation. Accurate and detailed documentation often helps to prove that the nurse acted reasonably or appropriately in the circumstances.

The ___________ court, the first-level court, hears all the evidence in a case and makes decisions based on facts, usually through a jury.

Trial

What are the 2 levels of courts in the United States?

Trial courts & appellate courts

Nurses who practice safely respect both the _________________ and __________ controls of nursing practice

Voluntary & legal

What is the danger of nurses practicing beyond defined practice limits?

Vulnerability to charges of violating the state nurse practice act

What is whistle blowing?

When employees report their employers' violations of the law to appropriate law enforcement agencies outside the facility

An attorney is representing a patient's family who is suing a nurse for wrongful death. The attorney calls the nurse and asks to talk about the case to obtain a better understanding of the nurse's actions. How should the nurse respond? a. "I'm sorry, but I can't talk with you; you will have to contact my attorney." b. "I will answer your questions so you'll understand how the situation occurred. c. "I hope I won't be blamed for the death because it was so busy that day." d. "First tell me why you are doing this to me. This could ruin my career!"

a. The nurse should not discuss the case with anyone at the facility (with the exception of the risk manager), with the plaintiff, with the plaintiff's lawyer, with anyone testifying for the plaintiff, or with reporters. This is one of the cardinal rules for nurse defendants.

What is a sentinel event?

an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof

Review of a patient's record revealed that no one obtained informed consent for the heart surgery that was performed on the patient. Which intentional tort has been committed? a. Assault b. Battery c. Invasion of privacy d. False imprisonment

b. Battery Assault is a threat or an attempt to make bodily contact with another person without that person's consent. Battery is an assault that is carried out. Every person is granted freedom from bodily contact by another person unless consent is granted. The Fourth Amendment gives citizens the right of privacy and the right to be left alone; a nurse who disregards these rights is guilty of invasion of privacy. Unjustified retention or prevention of the movement of another person without proper consent can constitute false imprisonment.

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: fraud. assault. battery. defamation.

battery. The nurse has committed battery by performing CPR against the client's wishes. Assault occurs when a person threatens to touch a client without consent. Fraud is a willful and purposeful misrepresentation, whereas defamation occurs when a derogatory remark is made about another person.

A nurse pleads guilty to a misdemeanor negligence charge for failing to monitor a patient's vital signs during routine eye surgery, leading to the death of the patient. The nurse's attorney explained in court that the nurse was granted recognition in a specialty area of nursing. What is the term for this type of credential? a. Accreditation b. Licensure c. Certification d. Board approval

c. Certification is the process by which a person who has met certain criteria established by a nongovernmental association is granted recognition in a specified practice area. Nursing is one of the groups operating under state laws that promote the general welfare by determining minimum standards of education through accreditation of schools of nursing. Licensure is a legal document that permits a person to offer to the public skills and knowledge in a particular jurisdiction, where such practice would otherwise be unlawful without a license. State board of approval ensures that nurses have received the proper training to practice nursing.

A nurse in a NICU fails to monitor a premature newborn according to the protocols in place, and is charged with malpractice. What is the term for those bringing the charges against the nurse? a. Appellates b. Defendants c. Plaintiffs d. Attorneys

c. Plaintiffs The person or government bringing suit against another is called the plaintiff. Appellates are courts of law, defendants are the ones being accused of a crime or tort, and attorneys are the lawyers representing both the plaintiff and defendant.

The ______________ is presumed innocent until proved guilty of a crime or tort.

defendant

What is collective bargaining?

negotiation of wages, hours, and other conditions of employment by an organized body of employees

What is accreditation?

process by which an educational program is evaluated and recognized as having met certain predetermined standards of education

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

slander

Common law is based on what principle?

stare decisis, or "let the decision stand."

What is an administrative law?

the body of law that regulates the operation and procedures of government agencies.

What is litigation?

the process of taking legal action by bringing and trying a lawsuit

What is just culture?

the promotion of open discussion whenever mistakes occur, or nearly occur, without fear of recrimination