Deck 3: Legal Issues

Question 1

The best action nurses can take to prevent allegations of malpractice is

A) carrying malpractice insurance.
B) clarifying orders with the nursing supervisor.
C) delegating care to nursing assistants.
D) providing care according to standards of practice.

Answer 1

providing care according to standards of practice.

Question 2

A patient is admitted with chest pain,and his electrocardiogram shows elevated ST segments.The nurse bases her plan of care on the nursing diagnosis of pneumonia.Which of the following would best describe the possible type of negligence present?

A) Assessment failure
B) Planning failure
C) Implementation failure
D) Evaluation failure

Answer 2

Planning failure

Question 3

Two nurses talking about a patient's condition in the cafeteria could lead to allegations of

A) slander.
B) libel.
C) invasion of privacy.
D) defamation.

Answer 3

invasion of privacy.

Question 4

Malpractice is a specialized form of

A) injury.
B) negligence.
C) law.
D) damages.

Question 5

While participating in critical care rounds,a nurse is interrupted by the wife of a ventilated patient,who informs the nurse that her husband is having difficulty breathing.The patient is found disconnected from the ventilator and unresponsive when the nurse enters the room after rounds; the alarm mode on the ventilator had been turned off.This is an example of

A) assault.
B) battery.
C) injury.
D) professional malpractice.

Question 6

During transport to the operating room for mitral valve replacement,a patient with a signed consent form says that she does not want to go through with the surgery and asks to be returned to her room.The best response from the nurse is:

A) "The operating room is prepared; let's not keep the surgeon waiting."
B) "You have the right to cancel surgery, but it could be weeks before you are rescheduled."
C) "You sound frightened; tell me what you are thinking."
D) "Your preoperative medications will have you feeling more relaxed in a minute; it will be OK."

Question 7

As a result of legal relationships that form from employment in critical care,professional nurses owe the

A) employer a willingness to work overtime when needed.
B) patient the provision of reasonable and prudent care.
C) physician the ability to carry out all written orders.
D) profession state membership in a nursing organization.

Question 8

The legal standard of care for a nurse's actions is defined as

A) minimal competency under the Nurse Practice Act.
B) the ability to distinguish what is right or wrong for the patient.
C) the demonstration of satisfactory knowledge of policies and procedures.
D) providing reasonable, prudent care comparable to that of like practitioners.

Question 9

______________ to the injured party is the first element of a malpractice case and is based on the existence of a nurse-patient relationship.

A) Duty
B) Breach
C) Damages
D) Harm caused by the breach

Question 10

Restraining an angry,competent patient against his or her wishes is an intentional tort because the nurse

A) did not document the patient's need for restraints in the nursing notes.
B) failed to get a physician's order for restraints.
C) purposefully restrained the patient against his or her wishes.
D) reassured the patient that the restraints were needed to maintain safety.

Question 11

Injury resulting from the failure to meet an ordinary duty or standard of care is termed

A) negligence.
B) malpractice.
C) assault.
D) battery.

Question 12

A patient received heparin by intravenous infusion.The nurse received an order to increase the heparin infusion rate and obtain a partial thromboplastin time (PTT)in 1 hour.The PTT was drawn correctly and revealed a critically elevated level.The nurse was busy with another patient and failed to report the critical result to the physician within 30 minutes according to the facility's policy.Subsequently,the patient sustained a massive intracerebral bleed.Which of the following best describes the type of negligence the nurse is liable for?

A) Assessment failure
B) Planning failure
C) Implementation failure
D) Evaluation failure

Question 13

On the way to surgery,a patient expresses doubt about proceeding with the planned procedure.The patient states that the doctor did not explain it very well and she would like to talk to her again before starting the procedure.The nurse knows the surgery schedule is very tight,reassures the patient that everything will be all right,and administers the preoperative sedation.This scenario describes what possible type of negligence?

A) Assessment failure
B) Planning failure
C) Implementation failure
D) Evaluation failure

Question 14

A nurse receives laboratory results of a critical magnesium level of 1.1 mEq/L at 03:00 during his night shift.His patient has a copy of advance directives and a DNR order on the chart.The nurse fails to notify the attending physician because of the present code status.In doing so,the nurse is showing

A) failure to take appropriate action.
B) respect for the patient's wishes.
C) failure to timely communicate patient findings.
D) A and C

Question 15

After admission to the intensive care unit,a patient shares with the nurse a concern that her adult children will not be able to reach agreement on what to do if she is no longer able to make decisions for herself.The nurse informs the patient that it is possible to grant authority to one person to make decisions by procuring a

A) court-appointed guardian.
B) do-not-resuscitate order.
C) durable power of attorney for health care.
D) living will.

Question 16

Which of the following statements best describes the definition of assault?

A) An intentional act that causes the patient to believe harm may be done
B) A statement that causes injury to the patient's reputation or standing in the community
C) Negligence or malpractice that results in harm to a spousal relationship
D) An intentional act that brings about harm or offensive contact with the patient

Question 17

In which of the following situations did the nurse disregard the patient's right to privacy?

A) Informing the physician that the patient was verbalizing suicidal thoughts
B) Notifying the health department of a patient's tuberculosis diagnosis
C) Reporting possible dependent-adult abuse to the police
D) Warning a visitor to wear gloves when giving a back rub because the patient is HIV positive

Question 18

Which of the following statements is true regarding a nurse's job description?

A) As long as the nurse follows the American Nurses Association Standards of Care, the job description is irrelevant in a negligence allegation.
B) Job descriptions must be reflective of the accepted standard of care.
C) Institution-specific job descriptions are not legally acceptable.
D) Job descriptions should be vague in describing nursing functions to avoid claims of negligence.

Question 19

A nurse fails to recognize an intubated patient's need for nasotracheal suctioning.The endotracheal tube becomes clogged,and the patient has a respiratory arrest.Which of the following best describes the type of negligence the nurse may be liable for?

A) Assessment failure
B) Planning failure
C) Implementation failure
D) Evaluation failure

Question 20

Which of the following would be considered a failure of proper implementation?

A) Not identifying and analyzing symptoms appropriately
B) Not documenting the patient's response to pain medication
C) Not recognizing a malfunctioning chest tube
D) Not asking the patient about code or no code wishes

Question 21

Which of the following defines the scope of practice for nursing?

A) Hospital policies
B) State Nurse Practice Act
C) State board of nursing
D) State Department of Health

Question 22

The patient received a blood transfusion based on test results of critically low hemoglobin.The nurse records vital signs per hospital protocol.One hour after the transfusion was started,the nurse records VS as T 102F,P 110,R 24,BP 136/88.The nurse continues to administer the blood.Based on the above information the nurse could be charged with:

A) professional malpractice.
B) assault.
C) battery.
D) libel.

Question 23

Which of the following statements about defamation are true?

A) Defamation refers only to the spoken word.
B) Defamation is a communication that damages a person's reputation.
C) Defamation must be heard or seen by at least one other person.
D) The plaintiff is not required to prove damages.
E) The communication must be proven false and made with malice.

Question 24

A nurse providing care for a patient with a recent tracheostomy notes the presence of an ulceration or wound at the tracheotomy site.The nature of the ulceration or wound clearly indicates it has been present for at least several days.The nurse finds no documentation regarding the ulceration or wound since the insertion of the tracheostomy tube 12 days earlier.Each nurse providing care for the patient before this nurse has committed

A) negligence.
B) assessment failures.
C) a breach in standards of care.
D) all of the above.

Question 25

Which of the following actions demonstrate the act of battery?

A) Performing CPR on a patient with a DNR order
B) Threatening to punch someone
C) Sexual misconduct
D) Drawing blood without the patient's consent
E) Threatening to restrain a patient for not using his or her call light for mobility assistance