Nursing Torts

A nurse recently disagreed with a physician concerning a client's plan of care. The nurse then tells everyone that this particular physician is completely incompetent and should not be trusted. This is an example of: A: Slander B: Negligence C: Assault D: Libel

A: Slander

An off-duty nurse is in a grocery store parking lot and notices an elderly woman lying on the ground with her leg at an unnatural angle. The woman is crying in pain. What is the nurse's priority action? A: Stay with the woman, offer emotional support, and call for medical assistance B: Assist the woman into the nurse's car and take the woman to the hospital C: The nurse does not need to do anything because the woman is not an assigned client D: Observe the client from a distance until emergency responders arrive

A: Stay with the woman, offer emotional support, and call for medical assistance

A nurse discovers that a primary care provider has prescribed an unusually large dosage of a medication. What is the most appropriate action? A: Administer the medication B: Notify the prescriber C: Call the pharmacist D: Refuse to administer the medication

B: Notify the prescriber

The nurse demonstrates internal standards of practice by: (Select all that apply) A: Receiving a copy of the nurse practice act B: Reading professional journals C: Learning from continued education classes D: Helping to develop state standards of nursing care E: Reading the facility policy and procedure manual

B: Reading professional journals C: Learning from continued education classes E: Reading the facility policy and procedure manual

The client confides in the nurse that she had unprotected sexual intercourse while on vacation and is afraid that she has a sexually transmitted infection. With whom may the nurse share this information without violating HIPAA? A: The unit secretary B: The client's physician C: The laboratory technician D: The pharmacist

B: The client's physician

A lawsuit has been brought against a nurse for inserting a urinary catheter without using lidocaine lubricant at the beginning of the procedure and causing the client unnecessary pain. As the nurse's lawyer prepares for the case, the standard of practice for this procedure must be confirmed. An appropriate source to determine standard of practice is: (Select all that apply) A: The 10-year-old textbook the nurse used in nursing school B: The nurse practice act C: A survey of peers D: The agency's policy and procedure manual E: An expert witness

B: The nurse practice act C: The agency's policy and procedure manual D: An expert witness

A nursing student who is scheduled to graduate in 2 months is employed as a nurse aide at a local hospital. While at work, the student is asked to change the rate of an intravenous line in a client's room. What is the best response by this student? A: "Do you mind watching me this time, and then I'll do it myself next time?" B: "This will be good practice for me since I will be doing this every day in a couple of months." C: "I'm sorry, I'm not allowed to do that. I can only do tasks other nurse aides are allowed to do." D: "I'll be glad to, I have done it with my instructor a number of times."

C: "I'm sorry, I'm not allowed to do that. I can only do tasks other nurse aides are allowed to do."

A primary care provider's orders indicate that a surgical consent form needs to be signed. Since the nurse was not present when the primary care provider discussed the surgical procedure, which statement best illustrates the nurse fulfilling the client advocate role? A: "The doctor has asked that you sign this consent form" B: "Do you have any questions about the procedure?" C: "What were you told about the procedure you are going to have?" D: "Remember that you can change your mind and cancel the procedure."

C: "What were you told about the procedure you are going to have?"

The nurse's partner/spouse undergoes exploratory surgery at the hospital where the nurse is employed. Which practice is most appropriate? A: Because the nurse is an employee, access to the chart is allowed. B: The relationship with the client provides the nurse special access to the chart. C: Access to the chart requires a signed release form. D: The nurse can ask the surgeon to discuss the outcome of the surgery.

C: Access to the chart requires a signed release form.

After inserting a nasogastric tube declined by the competent client, the nurse is likely to be found guilty of: A: Assault B: Invasion of Privacy C: Battery D: An unintentional tort

C: Battery

A few hours after agreeing to voluntary admission to a mental health facility, the client decides to leave. The nurse says that the client is required to stay and the nurse will not unlock the door. This nurse is guilty of: A: Libel B: Invasion of Privacy C: False Imprisonment D: Battery

C: False Imprisonment

A rationale for defining the nursing scope of practice, standards of care, and licensing is: A: For convenience in litigation B: The explain specialty practice C: For public protection D: To ensure accountability

C: For public protection

The nurse knows that one of the goals of the Health Insurance Portability and Accountability Act (HIPAA) is to protect a client from which of the following: A: Assault B: Battery C: Invasion of Privacy D: False Imprisonment

C: Invasion of Privacy

The client believes that his hospital-acquired infection was the result of a nurse who did not perform appropriate hand hygiene. What charges will the client bring against the nurse? A: Felony B: Malpractice C: Negligence D: Invasion of Privacy

C: Negligence

The primary care provider wrote a do-not-resuscitate (DNR) order. The nurse recognizes that which applies in the planning of nursing care for this client? A: The client may no longer make decisions regarding his or her own health care. B: The client and family know that the client will most likely die within the next 48 hours. C: The nurses will continue to implement all treatments focused on comfort and symptom management. D: A DNR order from a previous admission is valid for the current admission.

C: The nurses will continue to implement all treatments focused on comfort and symptom management.

A nursing student is employed and working as an unlicensed assistive personnel (UAP) on a busy surgical unit. The nurses know that the UAP is enrolled in a nursing program and will be graduting soon. A nurse asks the UAP if he has performed a urinary catheterization on clients while in the nursing program. When the UAP says "Yes," the nurse asks him to help her out by doing a urinary catheterization on a postsurgical client. What is the best response by the UAP? A: "Let me get persmission from the client first" B: "Sure. Which client is it?" C: "I can't do it unless you supervise me." D: "I can't do it. Is there something else I can help you with?"

D: "I can't do it. Is there something else I can help you with?"

A nurse tells a loud, disruptive client that he must quiet down or a sedative will be administered to quiet the client. When the client continues the behavior, the nurse administers the sedative without the client's permission. Which of the following describes the torts that the nurse has committed, in the order they were committed? A: False imprisonment, then assault B: Assault, then invasion of privacy C: Battery, then invasion of privacy D: Assault, then battery

D: Assault, then battery

Although the client refused the procedure, the nurse insisted and inserted a nasogastric tube in the right nostril. The administrator of the hospital decides to settle the lawsuit because the nurse is most likely to be found guilt of which of the following? A: An unintentional tort B: Assault C: Invasion of privacy D: Battery

D: Battery

The nurse is driving home from work one evening, still dressed in uniform. The car traveling in front of the nurse is involved in an accident, striking a pedestrian, and the person driving that car stops to provide assistance to the injured person. The nurse does not stop and continues home. The nurse is protected from litigation because what element of malpractice is missing? A: Foreseeability B: Causation C: Harm or Injury D: Duty

D: Duty

A nurse documents in the client's chart that the physician is competent because he did not respond promptly to the nurse's calls regarding a client. This is an example of: A: Invasion of Privacy B: Slander C: Assault D: Libel

D: Libel

What is the best way for the nurse to obtain informed consent for a client who cannot read? A: Ask a relative to sign the form B: Use picture cards that explain the procedure to the client C: Assume that the client gives consent if he nods his head in agreement D: Read the consent form to the client

D: Read the consent form to the client

The client tells the nurse she is considering having surgery and mentions the name of the surgeon who will perform the surgery. The nurse tells the client she should find a different doctor because this particular surgeon is not very skilled. This is an example of: A: Libel B: Invasion of privacy C: Assault D: Slander

D: Slander

defamation

Intentional Tort. False statement by another person

libel

a published false statement that is damaging to a person's reputation; a written defamation.

tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

Settlement

an official agreement intended to resolve a dispute or conflict.

Negligence

failure to take proper care in doing something.

assault

force

Liability

responsibility for something, especially by law.

Slander

the action or crime of making a false spoken statement damaging to a person's reputation.

false imprisonment

the state of being imprisoned without legal authority.

A nursing student incorrectly administered an intramuscular injection that resulted in nerve damage to the client. The nursing student told the nursing instructor, "Well, I'm just a student so I can't get in any trouble." What is the nursing instructor's best response? A: "Even though you are a student, you are held to the same standard as a professional nurse when you perform a task." B: "I hope you have learned from your mistake so you won't harm someone else when you graduate." C: "You are correct that you are not liable, but you should write a letter of apology to the client." D: "Because of this mistake, you will not be able to be licensed."

A: "Even though you are a student, you are held to the same standard as a professional nurse when you perform a task."

A physician orders a medicine that the nurse believes to be contraindicated for the client. The nurse's legal obligation is to: A: Call the physician to question the order B: Report the order to the supervisor C: Administer the medication as ordered D: Disregard the order as an error

A: Call the physician to question the order

The nurse notices that a colleague's behaviors have changed during the past month. Which behaviors could indicate signs of impairment? Select all that apply. A: Is increasingly absent from the nursing unit during the shift B: Interacts well with others C: "Forgets" to sign out for administration of controlled substances D: Offers to administer prn opioids for other nurses' clients E: Is able to say "no" to requests to work more shifts

A: Is increasingly absent from the nursing unit during the shift C: "Forgets" to sign out for administration of controlled substances D: Offers to administer prn opioids for other nurses' clients

A primary care provider prescribes one tablet, but the nurse accidently administers two. After notifying the primary care provider, the nurse monitors the client carefully for untoward effects of which there are none. Is the client likely to be successful in suing the nurse for malpractice? A: No, the client was not harmed B: No, the nurse notified the primary care provider C: Yes, a breach of duty exists D: Yes, foreseeability is present

A: No, the client was not harmed

A nurse, while transcribing the primary care provider's orders, notes that the dosage of one medication is outside the normal range. The nurse's priority of action is to: A: Notify the prescriber B: Administer the medication C: Consult the pharmacist D: Refuse to administer the medication

A: Notify the prescriber

A nurse knows that the main purpose of an advance care directive is to: A: Outline a client's wishes about treatment B: Provide a form on which a family member gives permission for a client's treatment C: Require a "do-not-resuscitate" (DNR) order from one institution to be implemented in another D: Serve as a substitute for a "do-not-resuscitate" (DNR) order by a doctor

A: Outline a client's wishes about treatment

The nurse, caring for a client with a progressive degenerative disease, correctly explains that the purposes of the ADA is to: (select all that apply) A: Provide a clear and comprehensive national mandate for eliminating discrimination against individuals with disabilities B: Prevent people with disabilities from being fired or discharged from their job C: Ensure that people with disabilities receive greater pay for their work because they must overcome challenges. D: Ensure that the federal government plays a central role in enforcing standards established under the act E: Provide clear, strong, consistent, and enforceable standards that address discrimination against individuals with disabilities.

A: Provide a clear and comprehensive national mandate for eliminating discrimination against individuals with disabilities D: Ensure that the federal government plays a central role in enforcing standards established under the act E: Provide clear, strong, consistent, and enforceable standards that address discrimination against individuals with disabilities

Following a motor vehicle crash, a nurse stops and offers assistance. Which of the following actions is/are most appropriate? Select all that apply. A: The nurse needs to know the Good Samaritan Act for the state. B: The nurse is not held liable unless there is gross negligence. C: After assessing the situation, the nurse can leave to obtain help. D: The nurse can expect compensation for helping. E: The nurse offers to help but cannot insist on helping.

A: The nurse needs to know the Good Samaritan Act for the state. B: The nurse is not held liable unless there is gross negligence. E: The nurse offers to help but cannot insist on helping.

When signing an informed consent after witnessing the client's signature, the nurse is confirming that: A: The signature on the form came from the client B: The client appears competent to give consent C: The client fully understands the procedure to be performed D: The nurse has sufficiently explained the surgery

A: The signature on the form came from the client

In order to reduce the risk of legal action, the nurse's priority action is to: A: Clarify all physician's orders B: Deliver competent care following the nursing process C: Obtain written informed consent before performing any procedures D: Document care provided at the end of the shift

B: Deliver competent care following the nursing process

A nurse is caring for a client who has just returned from surgery. The nurse does not assess this client's dressing. The client is later discovered to have internal bleeding and requires another surgery. What category of negligence describes this nurse's actions? A: Failure to use equipment in a responsible manner B: Failure to follow standards of care C: Failure to document D: Failure to communicate

B: Failure to follow standards of care

Which nursing actions could result in malpractice? Select all that apply. A: Learns about a new piece of equipment B: Forgets to complete the assessment of a client C: Does not follow up on client's complaints D: Charts client's drug allergies E: Questions primary care provider about an illegible order

B: Forgets to complete the assessment of a client C: Does not follow up on client's complaints

Two nursing students are riding the bus home after a stressful day of clinical. They are discussing the events of the day and laughing about the blood alcohol level of the school's basketball coach admitted after an accident. The client was never mentioned by name but common personal details about the client allowed everyone sitting near the students to know the name of their client. The students could be specifically charged with: A: Libel B: Invasion of Privacy C: Slander D: Defamation

B: Invasion of Privacy

Battery

Tx without consent (Foley, bath, shave)