PrepU -- Chapter 7: Legal Dimensions of Nursing Practice
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
The nurse is providing care to a client whose condition has progressively declined. The nurse assesses and makes appropriate interventions as well as notifies the health care provider. Despite the nurse's efforts, the client expires. What element of liability has the nurse demonstrated?
Duty
A nurse is overheard in the hospital cafeteria making false comments about a client. The nurse is guilty of:
Slander
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."
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."
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.
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
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
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 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
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
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
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
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
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
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
When the nurse informs a client's employer of his autoimmune deficiency disease, the nurse is committing the tort of:
Invasion of privacy
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."
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.
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
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 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
Nurse Practice Acts are examples of which type of laws?
Statutory laws
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
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 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."
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).
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
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
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
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 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.
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
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