Deck 3: Legal Issues

Question 1

Which statement best describes the definition of assault?

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

Answer 1

An intentional act that causes the patient to believe that harm may have been done

Question 2

What is negligence called when it applies to an individual who is a professional?

A) Breach
B) Malpractice
C) Duty
D) Harm

Answer 2

Malpractice

Question 3

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

Answer 3

Evaluation failure

Question 4

After admission 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 decision through which mechanism?

A) Court-appointed guardian
B) Do-not-resuscitate order
C) Durable power of attorney for health care
D) Living will

Question 5

Which situation 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 6

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.What type of negligence may be present?

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

Question 7

Why is restraining a competent patient against his or her wishes considered an intentional tort?

A) The nurse did not document the patient's need for restraints.
B) The nurse failed to get a physician's order for restraints.
C) The nurse touched the patient in an unauthorized manner.
D) The nurse do not inform the patient that the restraints were needed.

Question 8

What is the legal standard of care for a nurse's actions?

A) Minimal competency under the state 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) The care that an ordinary prudent nurse would perform under the same circumstances

Question 9

Two nurses are talking about a patient's condition in the cafeteria.In doing so,these nurses could be accused of what?

A) Failure to take appropriate action
B) Failure to timely communicate patient findings
C) Failure to preserve patient privacy
D) Failure to document patient information

Question 10

The ability to practice as a licensed professional nurse is a privilege granted by what entity?

A) Employee contract
B) State legislature
C) State boards of nursing
D) Congress

Question 11

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

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

Question 12

In which situation 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 13

What is the best action a nurse could take to prevent allegations of malpractice?

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

Question 14

Which statement is accurate 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 15

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.What is the best response from the nurse?

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 16

A patient is getting 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.What type of negligence may be present?

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

Question 17

While participating in 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 to be 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 situation an example of what legal situation?

A) Assault
B) Battery
C) Injury
D) Malpractice

Question 18

What is an injury resulting from the failure to meet an ordinary duty called?

A) Negligence
B) Malpractice
C) Assault
D) Battery

Question 19

What element of malpractice is based on the existence of a nurse-patient relationship?

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

Question 20

A night nurse is notified by the laboratory that the patient has a critical magnesium level of 1.1 mEq/L.The patient has a do-not-resuscitate order.The nurse does not notify the practitioner because of the patient's code status.In doing so,the nurse is negligent for what?

A) Failure to analyze the level of care needed by the patient
B) Failure to respect the patient's wishes
C) Wrongful death
D) Failure to take appropriate action

Question 21

Which agency is responsible for maintaining the expectations and limits of nursing practice?

A) State Hospital Association
B) Court system
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 (VS)per hospital protocol.One hour after the transfusion was started,the nurse records VS as temperature (T)102F,pulse (P)110,respirations (R)24,blood pressure (BP)136/88.The nurse continues to administer the blood.This situation an example of what legal situation?

A) Malpractice
B) Assault
C) Battery
D) Libel

Question 23

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.This situation an example of what legal situations?

A) Assessment and implementation failure
B) Failure to appropriately diagnose
C) Failure to follow practitioners orders
D) Planning and evaluation failure

Question 24

What elements or criteria must be present for negligence cases to go forward?

A) Duty to another person
B) Acknowledgement of wrong doing
C) Harm that would not have occurred in the absence of the breach
D) Breach of duty
E) Damages that have a monetary value

Question 25

Which actions by a nurse demonstrate the act of battery?

A) Performing cardiopulmonary resuscitation (CPR) on a patient with a do-not-resuscitate (DNR) order
B) Threatening to punch someone
C) Sexual misconduct with a patient
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