NURS (FUNDAMENTAL): Ch 7 NCLEX Legal Dimensions of Nursing Practice, PrepU Chapter 7, Taylor Chapter 7: Legal (Prep U), N 3270 Ch 7: Legal Dimensions of Nursing Practice PrepU, PrepU -- Chapter 7: Legal Dimensions of Nursing Practice, PrepU Chapter 7...

When the nurse inserts an ordered urinary catheter into the client's urethra after the client has refused the procedure, and then the client suffers an injury, the client may sue the nurse for which type of tort?

Battery

When the nurse inserts an ordered urinary catheter into the client's urethra after the client has refused the procedure, and then the client suffers an injury, the client may sue the nurse for which type of tort?

Battery Battery is the actual carrying out of such a threat (unlawful touching of a person's body). A nurse may be sued for battery if there is failure to obtain consent for a procedure.

A nurse exits the room of a confused client without raising the side rails on the bed. The failure to raise the side rails would constitute which element of liability related to malpractice?

Breach of Duty

A nurse exits the room of a confused client without raising the side rails on the bed. The failure to raise the side rails would constitute which element of liability related to malpractice?

Breach of duty

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

Breach of duty

The nurse fails to contact the physician regarding a client who had an open-reduction internal fixation of the tibia and has experienced increasing leg pain (unrelieved by pain medication) for the past 4 hours. Which element of liability has been violated? a) Duty b) Damages c) Causation d) Breach of duty

Breach of duty Explanation: Failure to contact the physician and report the client's condition does not meet the expected standard of care and is a breach of duty. Duty refers to an obligation to use due care and is defined by the standard of care appropriate for the nurse-client relationship. Causation shows that the failure to meet the standard of care actually caused injury. Damages are the actual harm or injury to the client.

What is common law and give an example.

Common law is court made law. Most law involving malpractice is common law.

Role as a nurse with informed consents:

Confirm that a signed consent form is present in the Pts chart; answer any Pt questions about the consent

What are the 4 sources of law?

Constitutions, statutory law, administrative law and common law.

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 physician and obtain necessary orders.

What are risk management programs?

Designed to identify, analyze and treat risks. (Examples are Safety Programs, Product Safety Programs, and Quality Assurance Programs)

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

Nurses complete incident reports as dictated by the agency protocol. What is the primary reason nurses fill out an incident report? a) to document everyday occurrences b) to document the need for disciplinary action c) to improve quality of care d) to initiate litigation

to improve quality of care Explanation: The primary reason to fill out an incident report is to improve the quality of care. Incident reports are not designed to be a means for disciplinary action. Incident reports are designed to identify risks, either in the form of actual risks or potential risks, that can be identified and addressed to improve quality of care. Incident reports are not intended to initiate litigation or document everyday occurrences

Define license.

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.

A medical surgical client is in the radiology department. The client's cousin arrives on the medical surgical unit and asks to speak with the nurse caring for his cousin. The visitor asks the nurse to provide a brief outline of the client's illness. Which response, if given by the nurse, would demonstrate application of legal safeguard in her practice? a) "Do you have any identification proving you are related to the client?" b) "I cannot give you that information due to client confidentiality." c) "I will call the client and ask his permission." d) "I'm busy right now, but can talk later."

"I cannot give you that information due to client confidentiality." Explanation: Sharing a client's information without his or her consent is an invasion of privacy. The nurse cannot give out the information even if the client proves a relationship or at a later time without the client's consent. It is inappropriate to call the client to ask for permission.

A nurse completing admission paperwork asks the client about having an advanced directive. The client states, "I do not know, what is an advanced directive?" What is the nurse's best response? a) "It is a written document that identifies a person's preferences regarding which medical interventions to use in the event of a terminal condition." b) "It is a document created by you and your attorney naming a benificiary to handle your estate if you become terminally ill." c) "It is an agreement that authorizes the hospital to make decisions on your behalf, if you become incapacitated." d) "I will contanct the hospital social worker to come and discuss the development of an advance directive with you."

"It is a written document that identifies a person's preferences regarding which medical interventions to use in the event of a terminal condition." Explanation: An advance directive is a written statement identifying a competent person's preferences regarding which medical interventions to use in the event that the client can not make a decision for themselves concerning terminal care. The other responses are not correct.

The nurse is participating in a discussion about controlled substances. Which statement by the nurse indicates she is aware of laws governing the distribution of controlled substances?

"Nurses are responsible for adhering to specific documentation about controlled substances."

The nurse is participating in a discussion about controlled substances. Which statement, made by the nurse, indicates the nurse is aware of laws governing the distribution of controlled substances?

"Nurses are responsible for adhering to specific documentation about controlled substances."

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?" What is the most appropriate response made by the nurse?

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

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 deals with the professional obligations of a nurse working in the ambulatory setting."

A newly hired graduate nurse meets with the nurse educator to discuss obtaining a client's informed consent for procedures. Which statements, made by the graduate, would indicate to the educator that further discussion is needed? Select all that apply.

"When I sign the consent form as a witness, I am saying that the person knows all the risks and benefits of the procedure." "I must make sure I give the client all necessary information about the procedure before I have the client sign the consent form." "When a client is having surgery, it is my responsibility to get the consent."

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." * "Reporting helps us fix problems that result in danger to clients."

Nurses may commit both intentional and unintentional torts when practicing within the profession. What intentional torts may occur in nursing practice? Select all that apply.

* A nurse threatens to hit an older client who has dementia and is screaming. * A nurse seeks employment in a hospital after falsifying credentials on a resume. * A nurse places a client who is a fall risk in restraints without an order from the health care provider. * A nurse makes disparaging remarks to the staff about a client who has a sexually transmitted infection (STI).

A nurse is being sued for malpractice in a court of law. What elements must be established to prove that malpractice or negligence has occurred? Select all that apply.

* Duty * Breach of duty * Causation

A nurse suspects that a client is a prostitute. The nurse documents this suspicion in the medical record and includes it in report to the oncoming shift. The nurse also mentions the suspicion to the nurse's sister saying, "I had a client named Susan in room 126 today who I think is a prostitute." Which violations has this nurse committed? Select all that apply.

* Libel * HIPAA * Slander

Which actions, taken by a nurse, constitute assault? Select all that apply.

* The nurse tells an older adult that a urinary catheter will be placed if he does not use a urinal. * The nurse says, "If you don't lie still for your stitches, I will have to hold your head."

Which are examples of a nurse appropriately protecting a client's privacy? Select all that apply.

* With the client's permission, the nurse explains the client's diagnosis to the client's spouse. * The nurse moves the client from the emergency department waiting room to a private area to collect assessment data.

A lawyer is describing the litigation process to a nurse named in a malpractice lawsuit. Which statements by the lawyer accurately describe this process? Select all that apply.

- "The process of bringing and trying this lawsuit is called litigation." -"The opinions of appellate judges are published and become common law." -"Common law is based on the principle of stare decisis."

Competent practice

- Remains the nurse's most important and best legal safeguard - Includes developing sensitivity to common sources of injury, such as falls, restraints, and malfunctioning equipment

Elements of comprehensive risk management program include the following:

- Safety program (aim = provide a safe environment in which basic safety needs are met) - Product safety program (aim = ensure safe and adequate equipment) - Quality assurance program (aim = provide quality healthcare to Pts)

Advance Health-Care Directives

- Set of instructions or directions stating a person's health-care requests if the person becomes incapacitated or unable to make decisions - Include durable power of attorney, living will, and DNAR orders

Four sources of law exist at both the federal and state level:

- constitutions - statutory law - administrative law - common law

Elements of informed consent:

- disclosure - comprehension - voluntariness - competence

According to HIPPA, patients have a right:

- to see and copy their health record - to update their health record - to get a list of the disclosures a healthcare institution has made independent of disclosures made for the purposes of treatment, payment, and healthcare operations - to request a restriction on certain uses or disclosures - to choose how to receive health information

The nurse attorney provides an educational session to the nursing staff on acts of negligence. Which responses by the staff would indicate to the attorney that the staff can accurately identify acts of negligence? Select all that apply.

-"I can be charged with negligence if I apply a heating pad to the client's skin and the client suffers a superficial or first-degree burn." -"I can be charged with negligence if I notify the health care practitioner about a change in a client's status but do not follow up or document.

Nurses may commit both intentional and unintentional torts when practicing within the profession. What intentional torts may occur in nursing practice? Select all that apply.

-A nurse threatens to hit an older client who has dementia and is screaming. -A nurse seeks employment in a hospital after falsifying credentials on a resume. -A nurse places a client who is a fall risk in restraints without an order from the health care provider. -A nurse makes disparaging remarks to the staff about a client who has a sexually transmitted infection (STI).

What is informed consent needed for?

-Admission -Specialized diagnostic procedure or medical surgical treatment -Any experimental treatments or procedures

The nurse manager is using voluntary standards as a guideline for developing policies on the unit. What voluntary standards are available for the nurse to use? Select all that apply.

-American Nurses Association Standards of Practice -Professional standards for certification of individual nurses in general practice Process of certification

During a nursing shift, which events warrant completion of an incident report? (Select all that apply.)

-An intravenous antibiotic was administered 2 hours late because the IV site infiltrated. -A visitor slipped and fell in the hallway, but was not injured. -A client falls while being transferred from the bed to the chair.

The nurse recognizes liability requires specific elements that must be established to prove that malpractice or negligence has occurred. Identify the specific elements. Select all that apply.

-Causation -Damages -Duty -Breach of duty

A new graduate wants to be knowledgable about state-mandated rules to better practice within the scope of nursing. What are the best resources for this nurse to research? Select all that apply.

-Nurse practice acts -Nursing educational requirements -Composition and disciplinary authority of board of nursing

A nurse is part of a group named in a malpractice lawsuit. The plaintiff is suing for general damages. Which items would be addressed? Select all that apply.

-Pain -Suffering -Disfigurement -Disability

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 are examples of legal safeguards for the nurse? Select all that apply.

-The nurse obtains informed consent from a client to perform a procedure. -The nurse educates the client about The Patient Care Partnership. -The nurse documents all client care in a timely manner.

A nurse is writing a letter to a U.S. congressman to support the promotion of health care issues. Which guidelines would ensure a properly written letter? Select all that apply.

-The nurse should state the purpose of the letter briefly and clearly in the first paragraph. -The nurse should name the city and state where he or she lives and votes. -The nurse should restate exactly what the legislator should do at the end of the letter.

A nurse has applied soft wrist restraints to a client following endotracheal intubation. Which documentation is essential while using restraints? (Select all that apply.)

-patient assessment findings every 2 hours -foley catheter draining clear yellow urine -.9NS IV infusing at 100 ml/hr

Three processes used for credentialing in nursing

1) Accreditation (process by which an educational program is evaluated and recognized as having met certain standards) 2) Licensure (process by which a state determines that a candidate meets certain minimum requirements to practice in the profession & grants a license to do so) 3) Certification (process by which a person who has met certain criteria established by a nongovernmental association is granted recognition in a specified practice area

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 3 times without a response. Tepid sponge bath given and nursing supervisor notified.

Verbal and telephone orders should be countersigned by the physician in ______ (time).

24-hours

While teaching about advance care planning, which fact is important for the nurse to share with a client who has been diagnosed with a terminal illness?

A durable power of attorney for health care appoints an agent the person trusts to make decisions.

Explain collective bargaining.

A legal process in which representatives of organized employees negotiate with employers about such matter as wages, hours and conditions. Arbitration, strikes and threats of strikes may be used to enhance the terms of employment and to enforce contracts.

What is statutory law and give an example.

A legislative body enacts statutory law which must be in keeping with both the federal and state constitution. The Nurse Practice Act is an example.

What is a misdemeanor?

A less serious crime, commonly punishable with a fine, imprisonment for less than 1 year or both with parole.

The client being admitted to the oncology unit conveys his wishes regarding resuscitation in the event of cardiopulmonary arrest. The nurse advises the client that it would be in his best interest to obtain which document?

A living will

The client being admitted to the oncology unit conveys wishes regarding resuscitation in the event of cardiopulmonary arrest. The nurse advises the client that it would be in the client's best interest to obtain which document?

A living will

What is an expert witness?

A nurse called to explain what happened based on the patient's record and to offer an opinion about whether the nursing care met acceptable standards.

The nursing faculty is lecturing on unintentional and intentional torts. The faculty asks a nursing student to provide an example of an unintentional tort. Which example, if provided by the student, would indicate the student has a clear understanding of torts?

A nurse gives a medication and client has an adverse reaction. Unintentional tort occurs when the nurse did not intend harm, but harm occurred (administration of medication and client has an adverse reaction).

Which scenario is an example of certification?

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

Which of the following is an example of certification?

A nurse who demonstrates advanced expertise in a content area of nursing through special testing. Licensure is granted by the state to a graduate of a nursing education program who passes NCLEX-RNhttps://quizlet.com/274523850/prepu-chapter-7-legal-dimensions-of-nursing-practice-flash-cards/

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

A nurse who demonstrates advanced expertise in a content area of nursing through special testing. Explanation: Certification is a voluntary process where a person who has met criteria established by a nongovernmental association is granted special recognition in a specified practice area. Licensure is granted by the state to a graduate of a nursing education program who passes NCLEX-RN. Accreditation is a voluntary process by which a nursing education program is recognized as having met certain standards by the National League for Nursing Accrediting Commission and/or the American Association of Colleges of Nursing. The Joint Commission can also accredit healthcare agencies

What is a fact witness?

A nurse who has knowledge of the actual incident prompting the legal case.

Which nursing student would most likely be held liable for negligence?

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

Which nursing student would most likely be held liable for negligence?

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

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

A nursing student administers medication to a resident, while working as an unlicensed assistive personnel (UAP) at a local nursing home. Explanation: The nursing student who administers medication to a resident, while working as an unlicensed assistive personnel (UAP) at a local nursing home, is performing a task outside the scope of the job responsibilities of a UAP. The other options demonstrate legally defensible actions by the nursing student

Define licensure.

A specialized form of credentialing based on laws passed by a state legislature.

What is law?

A standard or rule of conduct established and enforced by the government that is intended chiefly to protect the rights of the public.

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

What is assault?

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

What is criminal law?

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

What is a crime?

A violation punishable by the state.

What is a tort?

A wrong committed that is subject to action in a civil court with damages usually being settled with money.

Battery

Assault that is carried out and includes willful, angry, and violent or negligent touching of another persons body or clothes

What is an incident report?

AKA variance or occurrence report, is issued by health care agencies to document the occurrence of anything out of the ordinary that results in, or has the potential to result in, harm to a patient, employee or visitor.

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

Accreditation

A client admitted to a mental health unit has exhibited physical behaviors that put the client and others at risk. The nurse applies four-point restraints on the client without obtaining a physician's order or the client's consent. The nurse is at risk of being accused of which action?

Battery

Which process evaluates and recognizes educational programs as having met certain standards? a) Credentialing b) Licensure c) Certification d) Accreditation

Accreditation Explanation: 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 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.

Patient's Bill of Rights

Addresses the expectations, rights, and responsibilities of the Pt while receiving care in the hospital & ranges from "high quality hospital care" to "helping prepare you and your family for when you leave the hospital"

What is invasion of privacy (as related to healthcare)?

All information about patients is considered private or confidential, whether written on paper, saved on a computer or spoken aloud.

A student nurse is assisting an elderly patient to ambulate following hip replacement surgery, and the patient falls and reinjures the hip. Who is potentially responsible for the injury to this patient? a) The nurse instructor b) The student nurse c) The hospital d) All of the above

All of the above Explanation: As a student nurse, you are responsible for your own acts, including any negligence that may result in patient injury. A hospital may also be held liable for the negligence of a student nurse enrolled in a hospital-controlled program because the student is considered an employee of the hospital. The status of students enrolled in college and university programs is less clear, as is the liability of the educational institution in which they are enrolled and the health care agency offering a site for clinical practice. Nursing instructors may share responsibility for damages in the event of patient injury if an assignment called for clinical skills beyond a student's competency or the instructor failed to provide reasonable and prudent clinical supervision.

What is battery?

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

Whistle-blowing

An effort by a member or past member of an organization to deliver a warning to the public concerning a serious wrongdoing or danger created or masked by the organization

Near miss

An error that would have happened except for someone's alertness and ability to identify and prevent the error

Defamation of character

An intentional tort in which one party makes derogatory remarks about another that diminish the other party's reputation

What is defamation of character?

An intentional tort in which one party makes derogatory remarks about another that diminish the other party's reputation.

What is a sentinel event?

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

A client informs the nurse that he is leaving the health care facility because he is not satisfied with the treatment. The nurse knows that the client's treatment is incomplete and further testing and evaluations are scheduled. Which action by the nurse would be most appropriate to prevent false imprisonment? a) Restrain the client to prevent him from leaving. b) Tell the client that he will not be able to get access again. c) Ask the client to sign a release without medical approval. d) Call the physician to speed up the discharge process.

Ask the client to sign a release without medical approval. Explanation: If a client wants to leave the health care facility, the nurse should ask him to sign a release stating that he left without medical approval. The nurse cannot restrain the client because it amounts to false imprisonment. Calling the physician is not an appropriate measure. Telling the client that he may not be able to access the health care facility again is an inappropriate response because health care is a right and the client can access it whenever necessary.

While walking down the hall, a nurse manager overhears a staff member telling a client, "If you don't stay in this chair and stop wandering, I'm going to tie you to it." The nurse manager pulls the staff member aside and discusses what was said. The nurse manager intervenes because the staff member's statement is which type of tort?

Assault

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?

Battery

A client admitted to a mental health unit has exhibited physical behaviors that put him and others at risk. The nurse applies four-point restraints on the client without obtaining a physician's order or the client's consent. The nurse is at risk of being accused of which of the following?

Battery

The evening nurse received a change-of-shift report from the day nurse. The day nurse's report states, "The client required intubation for respiratory distress this morning, but has been stable all day." The evening nurse collects the following information during the first assessment: Skin flushed. Client lethargic. Temperature 103.0°F (39.4°C). A review of the client's chart reveals that the client's last assessment was done 7 hours earlier. A review of the findings by the nurse attorney determines which facts might be in place regarding liability? Select all that apply.

Breach of duty has occured

The evening nurse received a change-of-shift report from the day nurse. The day nurse's report states, "The client required intubation for respiratory distress this morning, but has been stable all day." The evening nurse collects the following information during the first assessment: Skin flushed. Client lethargic. Temperature 103.0°F (39.4°C). A review of the client's chart reveals that the client's last assessment was done 7 hours earlier. A review of the findings by the nurse attorney determines which facts might be in place regarding liability? Select all that apply.

Breach of duty has occurred.

Expert witness

Called to explain to the judge and jury what happened based on the patient's record and to offer an opinion about whether the nursing care met acceptable standards

A client has been in the emergency department for 3 hours for treatment of a migraine headache. Care has been delayed due to a multicasualty car accident. The client gets up to go to the bathroom unattended, faints, and suffers a subdural hematoma. The family threatens to sue for malpractice. Which element of malpractice will be the most difficult for the attorney to prove?

Causation

Having recently completed a specialty nursing program in neonatal care, a nurse is now preparing to leave her current position on a medical unit and begin providing care in the hospital's neonatal intensive care unit (NICU). The nurse has completed which of the following processes of credentialing?

Certification

Nurses practicing in a critical care unit must acquire specialized skills and knowledge to provide care to the critically ill client. These nurses can validate this specialty competence through what process?

Certification

Nurses practicing in a critical care unit must acquire specialized skills and knowledge to provide care to the critically ill client. These nurses can validate this specialty competence through what process?

Certification Certification validates specialty knowledge, experience, and clinical judgment. A nurse in a critical care unit having specialized skills and knowledge to provide care would be an example of certification. Licensure is a specialized form of credentialing based on laws passed by a state legislature. Licensure endorses entry-level competence. Legal accreditation is granted to educational programs by state agencies endorsing the approval of the program's design and mission to meet the needs of state requirements. Litigation is not a method for validation.

A nurse fails to administer a medication that prevents seizures, and the client has a seizure. The nurse is in violation of the Nurse Practice Act. What type of law is the nurse in violation of?

Civil

Common law

Court-made law; based on the principle of "let the decision stand"

Crime vs tort

Crime is a violation punishable by the state; tort is subject to action in

Will

Describes the intentions of a testator to be carried out upon his or her death

Good Samaritan Laws

Designed to protect health practitioners when they give aid to people in emergency situations Nurses should: - Only provide first aid, if possible. - Only employ actions that they are educated to do. - Instruct someone to get additional help. - Stay until injured person leaves is transferred by ambulance. - Not accept compensation.

What are good Samaritan Laws?

Designed to protect health practitioners when thy give aid to people in emergency situations.

Legal standards

Developed by a legislature and are implemented by authority granted by the state to determine min. 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

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)

DNAR Orders

Direct health-care providers not to attempt resuscitation in the event that a patient suffers cardiac or respiratory failure in a healthcare facility or the home

A nurse is named as a defendant in a malpractice lawsuit. Which action would be recommended for this nurse?

Do not volunteer any information on the witness stand.

Living Will

Document prepared by a competent person giving instructions associated with medical care to be delivered or not delivered if the person becomes unable to make decisions in the future

Health-Care Proxy (Durable Power of Attorney for Health Care)

Document that identifies a person to make health-care decisions for a Pt when the Pt is no longer able to make decisions

A client states that his recent fall was caused by the fact that his scheduled antihypertensive medications were 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?

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

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?

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

A client states that his recent fall was caused by the fact that his scheduled antihypertensive medications were 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? a) Enlist support from nursing and non-nursing colleagues from the unit. b) Document the client's claims and the events surrounding the alleged incident. c) Consult with practice advisors from the state board of nursing. d) Consult with the hospital's legal department as soon as possible.

Document the client's claims and the events surrounding the alleged incident. Explanation: It is imperative for nurses to carefully and accurately document assessment findings and the nursing care that they provide, a fact that is especially salient when legal action is anticipated. This thorough and accurate assessment should precede consultation with the legal department, the state board of nursing, and colleagues.

What are reasons why a nurse's license may be revoked?

Drug/alcohol abuse, fraud, deceptive practices, criminal acts, previous disciplinary action, gross or ordinary negligence, physical or mental impairments.

When is a signed consent not needed?

In an emergency if there is an immediate threat to life or health; if experts would agree that it is an emergency, and if the patient is unable to consent and a legally authorized person cannot be reached

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

What are the 4 elements of liability?

Duty, breach of duty, causation and damages.

Statutory law

Enacted by a legislative body; must be in keeping w/both the federal constitution and state constitution. Ex include the Nurse Practice Acts.

What is administrative law and give an example.

Executive officers or administering agencies have the power to make rules and regulations in conformity with enacted law. This act is enforceable. The rules and regulations that they adopt are called "administrative laws". Boards of nursing at the state level are an example.

What is breach of duty?

Failure to meet standard of care.

Define certification.

Granted when one has demonstrated advanced proficiency and a commitment to ensuring competence in a specialized area.

During the orientation to the hospital, the staff development educator discusses unit and institutional-based policies. What is the source of the practice rules that result in unit and institutional-based policies?

Health care institution

The nurse educator is presenting a lecture on the Occupational Safety and Health Act. Which situations, if identified by the nursing staff, would indicate to the educator that the staff understands which actions about the Occupational Safety and Health Act?

Helps reduce workforce injuries and illness in the workplace

A medical-surgical client is in the radiology department. The client's cousin arrives on the medical-surgical unit and asks to speak with the nurse caring for his cousin. The visitor asks the nurse to provide a brief outline of the client's illness. Which response, if given by the nurse, would demonstrate application of legal safeguard in her practice?

I can't give you that information due to client confidentiality.

Never events

Include errors such as surgery performed on the wrong body part or on the wrong patient, leaving a foreign object inside a Pt after surgery, or discharging an infant to the wrong person

Constitution

Indicate how the federal and state governments are created; give authority and state the principles and provisions for establishing specific laws

Assault and battery are classified as what kind of tort?

Intentional

The student nurse tells her family about a client with AIDS that she cared for in clinical yesterday. Which tort has the student committed?

Invasion of Privacy

An HIV-positive client discovers that his name is published in a research report on HIV care prepared by his nurse. He is hurt and files a lawsuit against her. Which offense has the nurse committed?

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?

Invasion of privacy

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?

Invasion of privacy

When the nurse informs a client's employer of his autoimmune deficiency disease, the nurse is committing the tort of

Invasion of privacy

When the nurse informs a client's employer of his autoimmune deficiency disease, the nurse is committing the tort of:

Invasion of privacy

The student nurse tells her family about a client with AIDS that she cared for in clinical yesterday. Which tort has the student committed? a) Assault b) Invasion of privacy c) Slander d) Fraud

Invasion of privacy Explanation: Invasion of privacy involves a breach of keeping client information confidential. Slander is oral defamation of character. Assault is a threat or attempt to make bodily contact with another person without that person's consent.

Define liability.

Involves four elements that must be established to prove that malpractice or negligence has occurred.

Collective bargaining

Legal process in which representatives of organized employees negotiate with employers about matters such as wages, hours, and conditions

A client informs the nurse that he wants to discontinue his treatment and go home. Later, the nurse finds the client dressed to leave. Which action should the nurse take in this situation? a) Let the client go after signing a document stating he is going against medical advice. b) Call the physician and get his discharge paper signed. c) Restrain the client until his medical treatment is over. d) Warn the client that he may not be able to access health care again.

Let the client go after signing a document stating he is going against medical advice. Explanation: If a client wishes to go before his medical treatment is finished, he should sign a document indicating personal responsibility for leaving against medical advice. The nurse should not restrain the client, as it would make the nurse liable for legal action. The nurse may call the physician and get the discharge paper signed, but this is not appropriate. The nurse cannot warn the client that he will be denied health care in future, because it is his right to access the health care facility whenever he needs.

A nurse is called to a deposition for a malpractice charge that has resulted in the death of a client. As the chart is reviewed, the prosecuting attorney questions the nurse about several defaming comments written in the medical record about the client. What charges can be filed against the nurse due to these comments?

Libel

A client has a prescription for amoxicillin 500 mg P.O. every 8 hours. The nurse administers the medication via the intravenous route. Based on the nurse's action, the client develops complications and has an increased length of stay. The client files a lawsuit against the facility and the nurse. Which legal action has the nurse's attorney identified that meets the criteria for the client's lawsuit?

Malpractice

A client has a prescription for amoxicillin (Amoxil) 500 mg P.O. (by mouth) every 8 hours. The nurse administers the medication via the intravenous route. Based on the nurse's action, the client develops a pulmonary embolus, experiences respiratory distress, and is transferred to the intensive care unit. The client's family files a lawsuit against the facility and the nurse. While reviewing the case, which legal action has the nurse attorney identified that meets the criteria for the client's lawsuit? a) Assault b) Battery c) Malpractice d) Negligence

Malpractice Explanation: The facility and nurse could be charged with malpractice, which is failing to perform or performing an act that causes harm to a client. Administering the medication intravenously instead of orally as prescribed has caused harm to a client. Negligence is failing to perform care for a client. When a person threatens to touch a client without consent, it is assault, whereas battery is carrying out the implied threat (assault).

A client has a prescription for amoxicillin 500 mg P.O. every 8 hours. The nurse administers the medication via the intravenous route. Based on the nurse's action, the client develops complications and has an increased length of stay. The client files a lawsuit against the facility and the nurse. Which legal action has the nurse attorney identified that meets the criteria for the client's lawsuit?

Malpractice Negligence is failing to perform care for a client. When a person threatens to touch a client without consent, it is assault, whereas battery is carrying out the implied threat (assault).

Explain professional liability insurance.

Malpractice insurance for nurses.

Explain patient education.

Mandated by US courts that it is the patients'right to know what is necessary to manage their health and view patient education as a legal duty of the nurse. Standard for patient education are derived from national professional standards and from state Nurse Practice Acts as well, Failure to conduct or document an assessment of a patient's learning needs and teaching may later be construed as negligence.

Crimes further classified into misdemeanor and felony. Define each.

Misdemeanor- less serious crime than a felony; commonly punishable with fines, imprisonment for less than 1 year, or both. Felony- punishable by imprisonment in a state or federal penitentiary for more than 1 year

What is documentation?

Must be factual, accurate, complete and entered in a timely fashion. If it wasn't documented...it wasn't done.

Nurse Practice Acts are examples of which type of laws?

Statutory laws

What is malpractice?

Negligence by a professional personnel.

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.

Voluntary standards

Not mandatory but are used as guidelines for peer review; examples include: ANA standards of practice

Fact witness

Nurse who has knowledge of the actual incident prompting the legal case to testify

A client newly diagnosed with congestive heart failure has a prescription for digoxin (Lanoxin). 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?

Nurse withheld the medication and notified the health care practitioner

A client newly diagnosed with congestive heart failure has a prescription for digoxin (Lanoxin). 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? a) Nurse administered the medication and reassessed the client in 30 minutes b) Nurse withheld the medication, retook the heart rate, and gave it at a later time c) Nurse administered the medication after reviewing the client's serum potassium level d) Nurse withheld the medication and notified the health care practitioner

Nurse withheld the medication and notified the health care practitioner Explanation: 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 prudent nurse.

Explain executing physician orders.

Nurses are legally responsible for carrying out the orders of the physician in charge and should be familiar with the guidelines in your state's Nurse Practice Act as well as your institution's/agency's policy.

Explain the laws affecting nursing practice.

OSHA National Practitioner Data Bank (encourages ID and discipline of healthcare providers who engage in unprofessional conduct and to restrict their movement without disclosure) Reporting Obligations Controlled Substances Discrimination and Sexual Harassment HIPAA Restraints People with Disabilities Wills

What is duty?

Obligation to use due care (what a reasonably prudent nurse would do).

Slander

Oral defamation of character

Which situation is an example of battery that the nurse may witness while performing duties at the health care facility?

Performing a surgical procedure without getting consent

Which situation is an example of battery that the nurse may experience while performing her duties at the health care facility?

Performing a surgical procedure without obtaining informed consent

What is negligence?

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

Negligence

Performing an act that a reasonably prudent person under similar circumstances would not do

Plaintiff

Person or government bringing suit against another

What is private law?

Private law is also called CIVIL LAW. It includes laws relating to contracts; ownership of property, and the PRACTICE OF NURSING, MEDICINE, PHARMACY and DENTISTRY.

Litigation

Process of bringing and trying a lawsuit

What is public law?

Public law is law in which the government is involved directly.

Credentialing

Refers to ways in which professional competence is ensured and maintained

During the admission assessment of a female client age 40 years with a suspected mandibular fracture, the client discloses to the nurse that her injury came as a result of her husband hitting her. Which action should the nurse prioritize when responding to this disclosure?

Report the abuse to the appropriate authorities

During the admission assessment of a client with a suspected mandibular fracture, the client discloses to the nurse that the injury results from the client's spouse hitting the client. Which action should the nurse prioritize when responding to this disclosure?

Reporting the abuse to the appropriate authorities

During the admission assessment of a female client age 40 years with a suspected mandibular fracture, the client discloses to the nurse that her injury came as a result of her husband hitting her. Which action should the nurse prioritize when responding to this disclosure?

Reporting the abuse to the appropriate authorities

During the admission assessment of a female client age 40 years with a suspected mandibular fracture, the client discloses to the nurse that her injury came as a result of her husband hitting her. Which action should the nurse prioritize when responding to this disclosure? a) Reporting the abuse to the appropriate authorities b) Informing the client of her right to keep this information private c) Performing an assessment to confirm the client's statement d) Ensuring the client's statement is confirmed by another nurse

Reporting the abuse to the appropriate authorities Explanation: Nurses have a legal and ethical obligation to report cases of abuse. It would be inappropriate and likely unethical to require a third party witness to the statement or to withhold action pending assessment results. The nurse's obligation to report abuse legally supersedes the client's right to privacy

Administrative law

Rules & regulations made by administrative agencies in conformity with enacted law; boards of nursing are administrative agencies at the state level

What is causation?

Shows that failure to meet the standard of care actually caused the injury. (Most difficult to prove.)

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

Slander

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?

Slander

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)

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?

Surrogate decision maker

Malpractice

Term generally used to describe negligence by professional personnel

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 the Good Samaritan law?

The Good Samaritan law will provide legal immunity to the 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 of the following statements is true regarding the Good Samaritan law?

The Good Samaritan law will provide legal immunity to the 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 will provide legal immunity to the 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 of the following statements is true regarding the Good Samaritan law? a) The Good Samaritan law is not applicable to health care workers. b) The Good Samaritan law will not protect the nurse because she did not accept compensation. c) The Good Samaritan law will provide absolute exemption from prosecution. d) The Good Samaritan law will provide legal immunity to the nurse.

The Good Samaritan law will provide legal immunity to the nurse. Explanation: 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 as well; moreover, the nurse did not accept any compensation for the service provided. The law is equally applicable to everyone, but does not provide absolute exemption from prosecution in cases of negligence. Paramedics, ambulance personnel, physicians, 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 laypeople. In cases of gross negligence, health care workers may be charged with a criminal offense.

Injuries related to lifting or transferring patients 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? a) The Occupational Safety and Health Act of 1970 b) The Health Care Quality Improvement Act of 1986 c) Title VII of the Civil Rights Act of 1964 d) Americans with Disabilities Act of 1990

The Occupational Safety and Health Act of 1970 Explanation: The Occupational Safety and Health Act of 1970 set legal standards in the United States in an effort to ensure safe and healthful working conditions for men and women. The Health Care Quality Improvement Act of 1986 was enacted to encourage health care practitioners to identify and discipline practitioners who engage in unprofessional conduct, and to restrict the ability of incompetent practitioners to move from state to state without disclosure of the practitioner's previous performance. Title VII of the Civil Rights Act of 1964 protects employees from discrimination. The Americans with Disabilities Act of 1990 prohibits discrimination against disabled people and requires covered entities to reasonably accommodate individuals who are protected by the Act.

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

The State Board of Nurse Examiners

A registered nurse has had her license suspended after being convicted of being impaired at work. What governing body has the authority to revoke or suspend a nurse's license? a) The National League for Nursing b) The Supreme Court c) The State Board of Nurse Examiners d) The employing health care institution

The State Board of Nurse Examiners Explanation: The State Board of Nurse Examiners in the United States may revoke or suspend a nurse's license or registration for drug or alcohol abuse.

Define damages.

The actual harm or injury resulting to the patient.

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

When making client rounds, the charge nurse observes which action by a staff nurse that would constitute battery? a) The nurse tells the client she cannot leave the hospital because she is seriously ill. b) The staff nurse threatens to restrain the client if she did not take her medication. c) The elderly client refuses the intramuscular injection, but the staff nurse administered it. d) While bathing a client behind pulled curtains, two nurses are discussing a different client.

The elderly client refuses the intramuscular injection, but the staff nurse administered it. Explanation: If the client refuses a procedure or medication and the nurse proceeds with it, it is battery. Threatening a client is assault. Discussing another client within earshot of others is an invasion of privacy. Keeping a client against her wishes, regardless of her health status, is false imprisonment.

The health care facility is involved in litigation by four clients. When reviewing the cases, which legal case would the nurse attorney identify to best describe malpractice? a) The nurse administers amoxicillin (Amicar) to a client with known allergies to penicillin. The client has a seizure with resulting respiratory arrest. b) The nurse using proper mechanics assists a client to a locked bed. He slips and breaks his left femur. c) The nurse applies an ice pack to a client's lower back without an order and he feels better. d) The nurse administered the wrong medication to the client, who had one episode of vomiting 5 minutes after consuming the medication with no further adverse reactions.

The nurse administers amoxicillin (Amicar) to a client with known allergies to penicillin. The client has a seizure with resulting respiratory arrest Explanation: All elements of liability are in place for administering amoxicillin to a client with documented allergies to penicillin: the nurse had a duty, but breached it when giving the medication. There also was causation (amoxicillin) and harm (seizures and respiratory arrest). The nurse is negligent when applying an ice pack without an order. The nurse used proper mechanics, so the client fall is an accident even though harm occurred. Giving the wrong medication could be cause for malpractice, but there was no harm

Which best exemplifies malpractice?

The nurse administers amoxicillin to a client with known allergies to penicillin. The client has a seizure with resulting respiratory arrest.

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

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? a) The nurse ensures that the client's family signs the consent form. b) The nurse informs the family about advance directives. c) The nurse informs the family about the living will. d) The nurse ensures that the client signs the consent form.

The nurse ensures that the client's family signs the consent form. Explanation: The nurse should ensure that the client's family signs the consent form. However, in some states and health care facilities, it is the physician who ensures that the client's family signs the consent form. The client cannot sign the consent form if he is not in an alert state or is unable to communicate. If the client is not in a condition to the sign the consent, a family member can sign the consent on his behalf. Advance directives are written statements identifying a competent person's wishes concerning terminal care and are not applicable here. A living will is an instructive form of advance directive; that is, it is a written document that identifies a person's preferences regarding medical interventions to use in a terminal condition, irreversible coma, or persistent vegetative state with no hope of recovery.

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 ensures the client's family signs the consent form

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 are examples of legal safeguards for the nurse? Select all that apply.

The nurse obtains informed consent from a client to perform a procedure. The nurse educates the client about The Patient Care Partnership. The nurse documents all client care in a timely manner.

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 ask the physician to come back and write the order.

A physician is called to see a client with angina. During the visit the physician advises the nurse to decrease the atenolol to 12.5 mg. However, since the physician is late for another visit, she requests that the nurse write down the order for her. What should be the appropriate nursing action in this situation? a) The nurse should ask the physician to come back and write the order. b) The nurse should remind the physician later to write the work order. c) The nurse should inform the client of the change in medication. d) The nurse should write the order and implement it.

The nurse should ask the physician to come back and write the order. Explanation: The nurse should ask the physician to come back and write down the order. Nurses are discouraged from following any verbal orders, except in an emergency. The nurse should never write an order on a physician's behalf because this is a wrong practice. The client should be informed about the change of medications, but this is not an appropriate action. The nurse should not leave the work for a later time, because the nurse may forget it.

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 physician. 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.

After reporting to work for a night shift, the nurse learns that the unit will be understaffed because two RNs called out sick. As a result, each nurse on the unit will need to provide care for an additional four acute clients, in addition to her regular client assignment. Which statement is true for this nurse when working in understaffed circumstances?

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

Explain competent practice?

The nurse's most important and best legal safeguard...making sure one's educational background and clinical experience are adequate to fulfill the nursing responsibilities delineated in the job description.

Two nurses meet at their home, where one of the nurses discusses a client who had been physically abused. The next day, the client is shifted to another nursing unit after a surgical procedure and becomes the care of the second nurse who had been part of the original discussion. Nurse No. 2 asks the client about the physical abuse. The client discovers that his original nurse revealed the information and is hurt. What would be the charges if the client files a suit?

The nurses could be charged for slander

Two nurses meet at their home, where one of the nurses discusses a client who had been physically abused. The next day, the client is shifted to another nursing unit after a surgical procedure and becomes the care of the second nurse who had been part of the original discussion. Nurse No. 2 asks the client about the physical abuse. The client discovers that his original nurse revealed the information and is hurt. What would be the charges if the client files a suit?

The nurses could be charged for slander. if the defamation had been written, it would be libel

Defendant

The one being accused of a crime or tort

Define defendant.

The one being accused of a crime or tort.

Define plaintiff.

The person bringing the lawsuit against another.

Define accreditation.

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

What is litigation?

The process of bringing and trying a lawsuit.

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 nurse instructor, and the hospital

What is fraud?

The willful and purposeful misrepresentation that could cause or has caused, loss or harm to a person or property.

Which is not true regarding Nurse Practice Acts? a) They describe what medications nurses can prescribe. b) They vary among states. c) They were established to describe legitimate nursing function. d) They define the boundaries of the functions of a nurse.

They describe what medications nurses can prescribe. Explanation: Prescribing and dispensing medications are not legal practices for registered nurses, with the exception of nurses in advance practice roles.

Assault

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

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 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

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

To protect the safety of the public

What does HIPAA ensures that patients have the rights to?

To see and copy their health record. To update their health record. To request correction of any mistakes. To get a list of the disclosures a health care institution has made independent of disclosures made for the purposes of treatment, payment, and health care operations. To request restrictions on certain uses or disclosures. To choose how to receive health information.

A client was admitted to a postoperative nursing unit after undergoing abdominal surgery. During this time, the nurse failed to recognize the significance of abdominal swelling, which significantly increased during the next 6 hours. Later, the client had to undergo emergency surgery. The lack of action on the nurse's part is liable for action. Which legal term describes the case?

Tort

A nurse is caring for a client who has undergone coronary angioplasty. The cardiac monitor is showing abnormal ECG waves, indicating arterial 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 of the following describes the nurse's legal liability? a) Felony b) Tort c) Defamation d) Slander

Tort Explanation: A tort is a cause of action in which one person asserts that a physical, emotional, or financial injury was a consequence of another person's actions or failure to act. A tort implies that a person breached his duty to another person. In this case, the nurse had a duty that was breached. A felony is a serious criminal offense, such as murder. Defamation is an act in which untrue information harms a person's reputation. Slander is a character attack uttered orally in the presence of others.

Explain adequate staffing.

Under-staffing is a problem that results in reduced quality of nursing care and may jeopardize patient safety.

Sentinel event

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

Negligence and malpractice are classified as what kind of tort?

Unintentional

False imprisonment

Unjustified retention or prevention of the movement of another person without proper consent

Explain false imprisonment.

Unjustified retention or prevention of the movement of another person without proper consent.

Define credentialing.

Ways in which professional competence is ensured and maintained.

Fraud

Willful and purposeful misrepresentation that could cause, or has caused, loss or harm to a person or property (ex: misrepresenting himself to obtain a license, misrepresenting the outcome of a procedure or treatment)

The nurse educator provides an educational session to the nursing staff on protection of a client's privacy. Which circumstances, identified by the staff, would indicate to the educator that the teaching was effective? Select all that apply.

With the client's permission, the nurse explained the client's diagnosis to the client's spouse. The nurse removed the client from the emergency department waiting room into a private area to collect assessment data.

Nurses are occasionally asked to witness a testator's (person who makes the will) signing of his or her will. Which guideline is true regarding a nurse's role is witnessing a testator's signature?

Witnesses to a signature do not need to read the will

Nurses are occasionally asked to witness a testator's (person who makes the will) signing of his or her will. Which of the following guidelines is true regarding a nurse's role is witnessing a testator's signature?

Witnesses to a signature do not need to read the will.

Libel

Written defamation

Explain student liability.

You are responsible for your own acts including any negligence that may result in patient injury. Moreover, you are held to the same standard of care as a RN.

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 daughter to direct his care, is a(an):

advance directive.

A nursing student administers an overdose of a narcotic to a client and the client arrests. When discussing the incident with nursing faculty, which statements, if made by the student, indicate the need for further teaching? a) "I cannot be held liable because this is only my second time at this facility." b) "I should have informed you that I felt unprepared for my assignment." c) "I have also put the nursing faculty at risk with my action." d) "I realize that I am held to the same standards as a registered nurse." e) "I am glad I am a student because nursing faculty will be blamed, not me."

a) "I cannot be held liable because this is only my second time at this facility." e) "I am glad I am a student because nursing faculty will be blamed, not me."

A client informs the nurse that he is leaving the health care facility because he is not satisfied with the treatment. The nurse knows that the client's treatment is incomplete and further testing and evaluations are scheduled. Which action by the nurse would be most appropriate to prevent false imprisonment? a) Ask the client to sign a release without medical approval. b) Tell the client that he will not be able to get access again. c) Call the physician to speed up the discharge process. d) Restrain the client to prevent him from leaving.

a) Ask the client to sign a release without medical approval.

The nurse fails to contact the physician regarding a client who had an open-reduction internal fixation of the tibia and has experienced increasing leg pain (unrelieved by pain medication) for the past 4 hours. Which element of liability has been violated? a) Breach of duty b) Damages c) Duty d) Causation

a) Breach of duty

Nurses follow nursing practice rules when working within the profession. What are examples of state-mandated rules? (Select all that apply.) a) Composition and disciplinary authority of board of nursing b) Nurse practice acts c) Medication administration d) Delegation trees e) Medicare and Medicaid provisions for reimbursement of nursing services f) Nursing educational requirements

a) Composition and disciplinary authority of board of nursing b) Nurse practice acts f) Nursing educational requirements

A client states that his recent fall was caused by the fact that his scheduled antihypertensive medications were 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? a) Document the client's claims and the events surrounding the alleged incident. b) Enlist support from nursing and non-nursing colleagues from the unit. c) Consult with the hospital's legal department as soon as possible. d) Consult with practice advisors from the state board of nursing.

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

The nurse educator is presenting a lecture on the Occupational Safety and Health Act. Which situations, if identified by the nursing staff, would indicate to the educator that the staff understands which actions about the Occupational Safety and Health Act? a) Helps reduce workforce injuries and illness in the workplace b) Acts as an information clearing house for nurses who engage in unprofessional conduct c) Protects nurses who are recovering from drug or alcohol addiction or have communicable diseases d) Requires nurses to report abuse of infants, children, and adults of all ages

a) Helps reduce workforce injuries and illness in the workplace

While caring for an infant, the nurse hears another child screaming in the next room. She rushes to the other room to check on the screaming child, forgetting to put the side rails up on the infant's crib. She returns to the room to find the infant has fallen out of the crib and sustained a head injury. Based on the nurse's action, which tort is the nurse liable for? a) Malpractice b) Defamation c) Battery d) Assault

a) Malpractice

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 are examples of legal safeguards for the nurse? Select all that apply. a) The nurse documents all client care in a timely manner. b) The nurse obtains informed consent from a client to perform a procedure. c) The physician is responsible for administration of a wrongly prescribed medication. d) The nurse executes physician orders without questioning them. e) The nurse claims management is responsible for inadequate staffing leading to negligence. f) The nurse educates the client about The Patient Care Partnership.

a) The nurse documents all client care in a timely manner. b) The nurse obtains informed consent from a client to perform a procedure. f) The nurse educates the client about The Patient Care Partnership.

Two nurses meet at their home, where one of the nurses discusses a client who had been physically abused. The next day, the client is shifted to another nursing unit after a surgical procedure and becomes the care of the second nurse who had been part of the original discussion. Nurse No. 2 asks the client about the physical abuse. The client discovers that his original nurse revealed the information and is hurt. What would be the charges if the client files a suit? a) The nurses could be charged for libel. b) No charges are valid because Nurse No. 2 is also involved in client care. c) No charges are valid because the revelation took place in off-duty hours. d) The nurses could be charged for slander.

a) The nurses could be charged for libel.

In some cases, the act of providing nursing care in unexpected situations is covered by the Good Samaritan laws. Which nursing actions would most likely be covered by these laws? a) emergency care for a choking victim in a restaurant b) negligent acts performed in an emergency situation c) any emergency care where consent is given d) medical advice given to a neighbor regarding her child's rash

a) emergency care for a choking victim in a restaurant

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, given by the nurse educator, would further explain the Scope and Standards of Practice for Professional Care Nursing to the new nurse? a)"The Scope and Standards of Practice for Professional Ambulatory Care Nursing deal with the professional obligations of a nurse working in the ambulatory setting." b)"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." c)"The Scope and Standards of Practice for Professional Ambulatory Care Nursing takes precedent over the facility's policies and procedures." d)"The Scope and Standards of Practice for Professional Ambulatory Care Nursing sets the standards for the nursing supervisor to assess a nurse."

a)"The Scope and Standards of Practice for Professional Ambulatory Care Nursing deal with the professional obligations of a nurse working in the ambulatory setting."

The health care provider prescribes orders for a client with newly diagnosed uncontrolled seizure activity. When reviewing the prescriptions, the nurse correctly identifies which prescription, if followed, puts him at risk for negligence charges? a)Restrain all four extremities b)Neurologic assessments every 5 minutes c)Oxygen 2/L via nasal cannula d)Diazepam (Valium) 5 mg intravenously now

a)Restrain all four extremities

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? a)Slander b)Libel c)Malpractice d)Negligence

a)Slander

If you wanted to find a list of violations that can result in disciplinary actions against a nurse, you should read which of the following? a. Nurse Practice Act b. Code of Ethics for Nurses c. Nurses' Bill of Rights d. American Journal of Nursing

a. 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 you vulnerable to charges of violating the state NPA. NPAs list the violations that can result in disciplinary actions against a nurse and also serve to exclude untrained or unlicensed people from practicing nursing.

Incident report

aka variance or occurrence report Used by healthcare agencies to document the occurrence of anything out of the ordinary that results in, or has the potential to result in, harm to a patient, employee, or visitor

A nurse is working on a medical surgical unit with a licensed practical/vocational nurse (LPN/LVN). Which action made by the nurse is considered negligent if injury results from this action? a) calling the healthcare provider about abnormal lab results b) completing a physical assessment on a newly admitted client c) delegating all wound care and oral medication administration to the LPN/LVN d) asking the LPN/LVN to teach a new diabetic client how to administer insulin

asking the LPN/LVN to teach a new diabetic client how to administer insulin Explanation: Negligence is harm that results because a person did not act reasonably. As nurses perform the role of delegators, they must know which tasks are legal and appropriate for particular healthcare providers to perform (scope of practice), as well as the policy for the facility at which they are employed. Teaching is not in the current scope of practice for a LPN/LVN, and can be considered negligent. The other actions are within the scope of practice for registered nurses

The nurse educator is presenting an in-service on nursing and malpractice. Which statements, made by the nursing staff, would indicate to the educator that further teaching is required? Select all that apply. a) "When I document, I make sure it is factual, accurate, complete, and timely." b) "If I make a mistake, I will not tell anyone" c) "The nursing plan of care must be accurate and be followed. It is part of the client's permanent record." d) "I will have the supervisor fill out the incident report when I make an error." e) "I am accountable for any task that I delegate."

b) "If I make a mistake, I will not tell anyone" d) "I will have the supervisor fill out the incident report when I make an error."

A client informs the nurse that he wants to discontinue his treatment and go home. Later, the nurse finds the client dressed to leave. Which action should the nurse take in this situation? a) Restrain the client until his medical treatment is over. b) Let the client go after signing a document stating he is going against medical advice. c) Call the physician and get his discharge paper signed. d) Warn the client that he may not be able to access health care again.

b) Let the client go after signing a document stating he is going against medical advice.

A client newly diagnosed with congestive heart failure has a prescription for digoxin (Lanoxin). 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? a) Nurse withheld the medication, retook the heart rate, and gave it at a later time b) Nurse withheld the medication and notified the health care practitioner c) Nurse administered the medication and reassessed the client in 30 minutes d) Nurse administered the medication after reviewing the client's serum potassium level

b) Nurse withheld the medication and notified the health care practitioner

Nurses practice within the legal and mandatory standards of the nursing profession. What are examples of voluntary standards in nursing? (Select all that apply.) a) State nurse practice acts b) Process of certification c) American Nurses Association Standards of Practice d) Professional standards for certification of individual nurses in general practice e) Rules and regulations of nursing

b) Process of certification c) American Nurses Association Standards of Practice d) Professional standards for certification of individual nurses in general practice

Which of the following is an area of potential liability for the nurse? Select all that apply. a) The nurse administers the client's preoperative medication after the informed consent is signed. b) The nurse documents that the client's blood pressure has increased from 118/72 to 188/98 and decides to retake the blood pressure in an hour. c) The nurse notifies the physician of the client's adverse reaction to a medication. d) The nurse fails to document refusal by the client to ambulate following surgery. e) The nurse documents that the client accurately prepared the correct amount of insulin after instruction was given.

b) The nurse documents that the client's blood pressure has increased from 118/72 to 188/98 and decides to retake the blood pressure in an hour. d) The nurse fails to document refusal by the client to ambulate following surgery.

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? a) The nurse informs the family about advance directives. b) The nurse ensures that the client's family signs the consent form. c) The nurse informs the family about the living will. d) The nurse ensures that the client signs the consent form.

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

After reporting to work for a night shift, the nurse learns that the unit will be understaffed because two RNs called out sick. As a result, each nurse on the unit will need to provide care for an additional four acute clients, in addition to her regular client assignment. Which statement is true for this nurse when working in understaffed circumstances? a) The nurse is legally obliged to refuse to provide care when understaffing creates the potential for unsafe conditions. b) The nurse will be legally held to the same standards of care as when staffing levels are normal. c) Understaffing constitutes an extenuating circumstance that creates a temporarily lower expectation for care for the nurse. d) 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.

b) The nurse will be legally held to the same standards of care as when staffing levels are normal.

Which party is responsible for obtaining informed consent from a client? a) The client's family or significant other b) The person performing the procedure, study, or treatment c) The client's nurse d) The nursing supervisor

b) The person performing the procedure, study, or treatment

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

b) slander.

In comparison with licensure, which measures entry-level competence, what does certification validate? a) more than 10 years of nursing practice b) specialty knowledge and clinical judgment c) innocence of any disciplinary violation d) ability to practice in more than one area

b) specialty knowledge and clinical judgment

While caring for an infant, the nurse hears another child screaming in the next room. She rushes to the other room to check on the screaming child, forgetting to put the side rails up on the infant's crib. She returns to the room to find the infant has fallen out of the crib and sustained a head injury. Based on the nurse's action, which tort is the nurse liable for? a)Defamation b)Malpractice c)Assault d)Battery

b)Malpractice

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 physician 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. c)The nurse makes a copy of the incident report to give to the physician. d)Then nurse mentions in the client's report that an incident report was completed.

b)The nurse documents a complete description of the happenings in the client's records.

Which is not true regarding Nurse Practice Acts? a)They vary among states. b)They describe what medications nurses can prescribe. c)They define the boundaries of the functions of a nurse. d)They were established to describe legitimate nursing function.

b)They describe what medications nurses can prescribe.

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:

battery.

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?

battery.

A registered nurse enters a client's room and observes the unlicensed assistive personnel (UAP) pushing a client down on the bed. The client starts crying and informs the UAP that he needs to go to the bathroom. The UAP holds the client down and tells him he was just in the bathroom. The nurse observing this incident is aware that the UAP's action is an example of: a) assault. b) fraud. c) defamation of character. d) battery.

battery. Explanation: The UAP is engaging in battery, which is an assault that is carried out and includes willful, angry, and violent or negligent touching of another person's body or clothes or anything attached to (or held by) that other person. Assault is a threat or an attempt to make bodily contact with another person without that person's consent. Fraud is willful and purposeful misrepresentation that could cause, or has caused, loss or harm to a person or property. Defamation of character is an intentional tort in which one party makes derogatory remarks about another that harms the other party's reputation.

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 advanced 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 postanesthesia nurse is reporting about a client to the intensive care unit nurse in the elevator. There are staff members and visitors in the elevator. The postanasthesia nurse is doing what?

breaching the client's confidentiality

While teaching about advance care planning, which fact is important for the nurse to share with a client who has been diagnosed with a terminal illness? a) The Patient Self-Determination Act of 1990 requires hospital clients to have an advance directive. b) Advance directives must be completed 30 days prior to hospitalization in order to be valid. c) A durable power of attorney for health care appoints an agent the person trusts to make decisions. d) Living wills provide specific instructions related to the client's personal property upon death.

c) A durable power of attorney for health care appoints an agent the person trusts to make decisions.

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

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

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

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

A student nurse is assisting an elderly patient to ambulate following hip replacement surgery, and the patient falls and reinjures the hip. Who is potentially responsible for the injury to this patient? a) The nurse instructor b) The hospital c) All of the above d) The student nurse

c) All of the above

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. When discussing the nurse's action, the charge nurse appropriately identifies which wrongdoing the nurse has violated? a) Fraud b) Assault c) Battery d) Defamation

c) Battery

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.

A client is scheduled for a colonoscopy. The nurse realizes immediately after administering medications to induce conscious sedation that the client has not signed the informed consent. If the nurse has the client sign the informed consent, which element of informed consent would be violated? a) Voluntariness b) Comprehension c) Competence d) Disclosure

c) Competence

A nurse is named as a defendant in a malpractice lawsuit. Which action would be recommended for this nurse? a) Discuss the case with the plaintiff to ensure understanding of each other's positions. b) Be prepared to tell your side to the press, if necessary. c) Do not volunteer any information on the witness stan d) If a mistake was made on a chart, change it to read appropriately.

c) Do not volunteer any information on the witness stan

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? a) Malpractice b) Negligence c) Slander d) Libel

c) Slander

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 of the following statements is true regarding the Good Samaritan law? a) The Good Samaritan law will not protect the nurse because she did not accept compensation. b) The Good Samaritan law is not applicable to health care workers. c) The Good Samaritan law will provide legal immunity to the nurse. d) The Good Samaritan law will provide absolute exemption from prosecution.

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

A registered nurse has had her license suspended after being convicted of being impaired at work. What governing body has the authority to revoke or suspend a nurse's license? a) The employing health care institution b) The National League for Nursing c) The State Board of Nurse Examiners d) The Supreme Court

c) The State Board of Nurse Examiners

When making client rounds, the charge nurse observes which action by a staff nurse that would constitute battery? a) While bathing a client behind pulled curtains, two nurses are discussing a different client. b) The nurse tells the client she cannot leave the hospital because she is seriously ill. c) The elderly client refuses the intramuscular injection, but the staff nurse administered it. d) The staff nurse threatens to restrain the client if she did not take her medication.

c) The elderly client refuses the intramuscular injection, but the staff nurse administered it.

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 physician 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) Then nurse mentions in the client's report that an incident report was completed. b) The nurse makes a copy of the incident report to give to the physician. c) The nurse documents a complete description of the happenings in the client's records. d) The nurse makes a copy of the incident report and places it in the client's records.

c) The nurse documents a complete description of the happenings in the client's records.

A registered nurse enters a client's room and observes the unlicensed assistive personnel (UAP) pushing a client down on the bed. The client starts crying and informs the UAP that he needs to go to the bathroom. The UAP holds the client down and tells him he was just in the bathroom. The nurse observing this incident is aware that the UAP's action is an example of: a) fraud. b) assault. c) battery. d) defamation of character.

c) battery.

Which situation is an example of battery that the nurse may experience while performing her duties at the health care facility? a) taking the client's photographs without consent b) telling the client that he cannot leave the hospital c) performing a surgical procedure without getting consent d) witnessing a procedure done on a client without his consent

c) performing a surgical procedure without getting consent

A nurse has been assigned to the ICU by her supervisor because there is an emergency there. However, the nurse is not aware of the setup and workings of the ICU. What would be the appropriate action by the nurse? a) to report to the ICU and take leave on the pretext of some illness b) to call the lawyer and seek her advice regarding the sudden change. c) to report to the nurse-in-charge for duty and tell her the tasks she can help with d) to refuse to go to the ICU and keep working in the previously assigned unit

c) to report to the nurse-in-charge for duty and tell her the tasks she can help with

A client admitted with Hodgkin disease has a handwritten prescription for vinblastine 3.7 mg intravenously (IV) weekly. The nurse interprets the prescription as vincristine 3.7 mg and administers the wrong medication. The client becomes neurovascularly compromised and has a fatal reaction to the medication. The client's family begins a litigious suit against the facility and the nurse's license is suspended by the board of nursing. In preparation for the lawsuit, the nurse meets with the nurse attorney to review the events. Which appropriate statement, if given by the nurse, indicates he has an understanding of the lawsuit? a)"I could not read the health care provider's handwriting, so I am not at fault." b)"I checked the medication before giving it and literature states it is for Hodgkin disease." c)"I had a duty and it was my responsibility to get clarification before administering the medication, which I did not." d)"I had a duty and it was my responsibility to double check the medication, which I did, yet this still happened."

c)"I had a duty and it was my responsibility to get clarification before administering the medication, which I did not."

The nursing faculty is lecturing on unintentional and intentional torts. The faculty asks a nursing student to provide an example of an unintentional tort. Which example, if provided by the student, would indicate the student has a clear understanding of torts? a)Nurses are in the elevator discussing a client's laboratory values. b)A nurse is threatening to restrain a client if he does not stop talking. c)A nurse gives a medication and client has an adverse reaction. d)A nurse is telling a client he cannot leave the hospital until he pays his bill.

c)A nurse gives a medication and client has an adverse reaction.

A nurse who obtains a license to practice nursing by misrepresenting herself is guilty of what tort? a)Libel b)Slander c)Fraud d)Assault

c)Fraud

Nurses complete incident reports as dictated by the agency protocol. What is the primary reason nurses fill out an incident report? a)to initiate litigation b)to document the need for disciplinary action c)to improve quality of care d)to document everyday occurrences

c)to improve quality of care

A friend tells you not to even think about carrying your own insurance because "you'll be a magnet for attorneys trying to make a buck." when you seek the advice of the ANA, you are likely to read which of the following reasons for purchasing a personal professional liability insurance policy? (1) Protection of the nurse's best interests (2) Limitations of employer's coverage (3) Care or advice given outside of work (4) Protection of the institution's best interests a. (1) b. (1) and (2) c. (1), (2), (3) d. All of the above

c. The ANA lists reasons (1), (2), and (3) for purchasing a personal professional liability insurance policy.

The nurse is participating in a discussion about controlled substances. Which statement, made by the nurse, indicates the nurse is aware of laws governing the distribution of controlled substances? a) "When a nurse abuses controlled substances in the workplace and gets help, she will not be charged with a criminal act." b) "An impaired nurse is promptly punished by being terminated and having his or her license suspended." c) "The nurse is only at risk if she diverts medication from the client; using personal drugs decrease your risk." d) "Nurses are responsible for adhering to specific documentation about controlled substances."

d) "Nurses are responsible for adhering to specific documentation about controlled substances."

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, given by the nurse educator, would further explain the Scope and Standards of Practice for Professional Care Nursing to the new nurse? a) "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." b) "The Scope and Standards of Practice for Professional Ambulatory Care Nursing takes precedent over the facility's policies and procedures." c) "The Scope and Standards of Practice for Professional Ambulatory Care Nursing sets the standards for the nursing supervisor to assess a nurse." d) "The Scope and Standards of Practice for Professional Ambulatory Care Nursing deal with the professional obligations of a nurse working in the ambulatory setting."

d) "The Scope and Standards of Practice for Professional Ambulatory Care Nursing deal with the professional obligations of a nurse working in the ambulatory setting."

A client admitted to a mental health unit has exhibited physical behaviors that put him and others at risk. The nurse applies four-point restraints on the client without obtaining a physician's order or the client's consent. The nurse is at risk of being accused of which of the following? a) Slander b) Malpractice c) Negligence d) Battery

d) Battery

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? a) Libel b) Assault c) Slander d) Battery

d) Battery

A client has a prescription for amoxicillin (Amoxil) 500 mg P.O. (by mouth) every 8 hours. The nurse administers the medication via the intravenous route. Based on the nurse's action, the client develops a pulmonary embolus, experiences respiratory distress, and is transferred to the intensive care unit. The client's family files a lawsuit against the facility and the nurse. While reviewing the case, which legal action has the nurse attorney identified that meets the criteria for the client's lawsuit? a) Battery b) Assault c) Negligence d) Malpractice

d) Malpractice

A nurse comes across a screaming child in the park. The child was hit by a baseball bat, resulting in a swollen and reddened left arm. Any attempt to move the child's left arm results in the child screaming intensely. The nurse used two baseball bats to make a split, which she applied to the child's left arm. The child is transported to the hospital and later develops compartmental syndrome of the left arm. The nurse requests a meeting with the nurse attorney to discuss the possibility of being involved in a litigious suit by the child's family. After a review of the events, which important information will the attorney share with the nurse concerning the case? a) The nurse was negligent because the client developed compartmental syndrome because of her treatment at the scene. b) The nurse does not fall under the Good Samaritan Act because it is apparent she was negligent in the care she rendered. c) The nurse should have waited for help because the Good Samaritan Act states the nurse is not obligated to assist. d) The nurse is protected by the Good Samaritan Act, which states the nurse may give emergency care using good judgment.

d) The nurse is protected by the Good Samaritan Act, which states the nurse may give emergency care using good judgment.

A client is unhappy with the health care provided to him. He approaches the nurse and informs her that he is leaving the facility. The client has not been discharged by the physician. The nurse finds that the client has dressed and is ready to go. What would the nurse's action be in this situation? a) The nurse should let the client go because she cannot do anything. b) The nurse should warn the client that he cannot come to the hospital again. c) The nurse should get the client restrained and call the physician. d) The nurse should call the nursing supervisor and inform her about the situation.

d) The nurse should call the nursing supervisor and inform her about the situation.

Which of the following is not true regarding Nurse Practice Acts? a) They vary among states. b) They were established to describe legitimate nursing function. c) They define the boundaries of the functions of a nurse. d) They describe what medications nurses can prescribe.

d) They describe what medications nurses can prescribe.

A client is received in a postoperative nursing unit after undergoing abdominal surgery. During this time, the nurse failed to recognize the significance of abdominal swelling, which significantly increased during the next 6 hours. Later, the client had to undergo emergency surgery. The lack of action on the nurse's part is liable for action. Which of the following legal terms describes the case? a) Misdemeanor b) Fraud c) Felony d) Tort

d) Tort

Nurses complete incident reports as dictated by the agency protocol. What is the primary reason nurses fill out an incident report? a) to initiate litigation b) to document the need for disciplinary action c) to document everyday occurrences d) to improve quality of care

d) to improve quality of care

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

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

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? a)Assault b)Libel c)Slander d)Battery

d)Battery

During the orientation to the hospital, the staff development educator discusses unit and institutional-based policies. What is the source of the practice rules that result in unit and institutional-based policies? a)State legislation b)Federal legislation c)Board of nursing d)Health care institution

d)Health care institution

The nurse educator is presenting a lecture on the Occupational Safety and Health Act. Which situations, if identified by the nursing staff, would indicate to the educator that the staff understands which actions about the Occupational Safety and Health Act? a)Acts as an information clearing house for nurses who engage in unprofessional conduct b)Protects nurses who are recovering from drug or alcohol addiction or have communicable diseases c)Requires nurses to report abuse of infants, children, and adults of all ages d)Helps reduce workforce injuries and illness in the workplace

d)Helps reduce workforce injuries and illness in the workplace

A fellow student asks you about your legal liability when you do your clinical practice. Which of the following are true? (1) Student nurses are responsible for their own acts of negligence if these result in patient injury. (2) Student nurses are held to the same standard of care that would be used to evaluate the actions of a registered nurse. (3) A hospital may also be held liable for the negligence of a student nurse enrolled in a hospital-controlled program because the student is considered an employee of the hospital. (4) Nursing instructors may share a student's responsibility for damages in the event of patient injury if the instructor failed to provide reasonable and prudent clinical supervision. a. (1) and (3) b. (2) and (4) c. (1), (2), (3) d. All of the above

d. All of the answers are true.

When a state attorney decides to charge a nurse with manslaughter for allegedly administering a lethal medication order, this is an example of what type of law? a. Public law b. Private law c. Civic law d. Criminal law

d. Criminal law concerns state & federal criminal statues, which define criminal actions such as murder, manslaughter, criminal negligence, theft, and illegal possession of drugs.

If you harm a patient by administering a medication (wrong drug, wrong dose, etc) ordered by a physician, which of the following is true? a. You are not responsible, since you were merely following the doctor's orders. b. Only you are responsible, since you actually administered the medication. c. Only the physician is responsible, since he or she actually ordered the drug. d. Both you and the physician are responsible for your respective actions.

d. Nurses are legally responsible for carrying out the orders of the physician in charge of a patient unless an order would lead a reasonable person to anticipate injury if it were carried out. If the nurse should have anticipated injury and did not, both the prescribing physician and the administering nurse are responsible for the harms to which they contributed.

Liability involves four elements that must be established to prove that malpractice or negligence has occurred:

duty - an obligation to use due care breach of duty - failure to meet the standard of care causation - shows the failure to meet the standard of care actually caused the injury damages - actual harm or injury resulting to the patient

In some cases, the act of providing nursing care in unexpected situations is covered by the Good Samaritan laws. Which nursing actions would most likely be covered by these laws? a) negligent acts performed in an emergency situation b) emergency care for a choking victim in a restaurant c) any emergency care where consent is given d) medical advice given to a neighbor regarding her child's rash

emergency care for a choking victim in a restaurant Explanation: Good Samaritan laws are designed to protect health practitioners when they give aid to people in emergency situations, 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.

A nurse observes another nurse place an unused dose of narcotics in their pocket. If caught, the nurse could be charged with which type of crime?

felony A felony is a serious criminal offense, and includes actions such as stealing narcotics, murder, falsifying medical records, and insurance fraud. A misdemeanor is a minor criminal offense; a tort is a lawsuit in which a plaintiff charges that a defendant committed a deliberately aggressive act. Negligence is harm that results because a person did not act reasonably.

A nurse observes another nurse place an unused dose of narcotics in their pocket. If caught, the nurse could be charged with which type of crime? a) misdemeanor b) felony c) tort d) negligence

felony Explanation: A felony is a serious criminal offense, and includes actions such as stealing narcotics, murder, falsifying medical records, and insurance fraud. A misdemeanor is a minor criminal offense; a tort is a lawsuit in which a plaintiff charges that a defendant committed a deliberately aggressive act. Negligence is harm that results because a person did not act reasonably.

After reporting to work for a night shift, the nurse learns that the unit will be understaffed because two RNs called out sick. As a result, each nurse on the unit will need to provide care for an additional four acute clients, in addition to her regular client assignment. Which statement is true for this nurse when working in understaffed circumstances? a) 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. b) Understaffing constitutes an extenuating circumstance that creates a temporarily lower expectation for care for the nurse. c) The nurse is legally obliged to refuse to provide care when understaffing creates the potential for unsafe conditions. d) The nurse will be legally held to the same standards of care as when staffing levels are normal.

he nurse will be legally held to the same standards of care as when staffing levels are normal. Explanation: 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. While it is prudent to make all realistic attempts to fill the gaps in staffing, documenting these efforts does not change the nurse's legal position. A nurse has the right to refuse an unsafe client assignment but the nurse is not legally obliged to withhold care

When the nurse informs a client's employer of the client's autoimmune deficiency disease, the nurse is committing the tort of:

invasion of privacy.

A nurse is called to a deposition for a malpractice charge that has resulted in the death of a client. As the chart is reviewed, the prosecuting attorney questions the nurse about several defaming comments written in the medical record about the client. What charges can be filed against the nurse due to these comments? a) malpractice b) negligence c) libel d) slander

libel Explanation: Libel is damaging statements written and read by others. Since there were defaming comments written in the chart, libel charges could be appropriate. Malpractice, slander, and negligence are not charges in this scenario.

Which situation is an example of battery that the nurse may experience while performing her duties at the health care facility? a) telling the client that he cannot leave the hospital b) witnessing a procedure done on a client without his consent c) taking the client's photographs without consent d) performing a surgical procedure without getting consent

performing a surgical procedure without getting consent Explanation: Performing a surgical procedure without the client's consent is an example of battery. To protect health care workers from being charged with battery, adult clients are asked to sign a general permission for care and treatment during admission, and additional written consent forms for tests, procedures, or surgery. Telling the client not to leave the hospital is a false imprisonment. Taking the client's photographs without his permission and witnessing a procedure done on him without consent is violation of the client's privacy.

A student is preparing to graduate from nursing school and understands that professional regulations and laws that govern nursing practice are in place. These regulations and laws are in place for which reason?

to protect the safety of the public

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

to protect the safety of the public Explanation: Governing bodies, professional regulations, and laws are in place to protect the public by ensuring that nurses are accountable for safe, competent, and ethical nursing practice. The other options do not describe accurately the role and responsibility of the governing bodies and the regulations and laws of nursing.

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 are examples of legal safeguards for the nurse? Select all that apply. a) The nurse educates the client about The Patient Care Partnership. b) The nurse obtains informed consent from a client to perform a procedure. c) The nurse executes physician orders without questioning them. d) The nurse claims management is responsible for inadequate staffing leading to negligence. e) The nurse documents all client care in a timely manner. f) The physician is responsible for administration of a wrongly prescribed medication

• The nurse educates the client about The Patient Care Partnership. • The nurse obtains informed consent from a client to perform a procedure. • The nurse documents all client care in a timely manner. Explanation: Examples of legal safeguards for the nurse would include the nurse obtaining informed consent from a client, the nurse educating the client about The Patient Care Partnership, and the nurse documenting all client care in a timely manner. Legal safeguards for the nurse would not include the nurse executing physician orders 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 physician being responsible for administration of a wrongly prescribed medication