Question 1

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

Accepted Answer

Maintaining standards of practice is the best way to reduce risk.The hallmark of risk reduction is knowledge of the professional standards of care,delivery and documentation of that care,and consistent demonstration that the standards are met.Nurses caring for acutely and critically ill patients may be alleged to have acted in a manner that is inconsistent with standards of care or standards of professional practice and may find themselves involved in civil litigation that focuses in whole or in part on the alleged failure.

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?

Accepted Answer

Basing nursing care on an erroneous diagnosis is a failure in planning.Standards of care include assessment,the collection of relevant date pertinent to the patient's health or situation; diagnosis,analysis of the assessment data in determining diagnosis and care issues; implementation,coordinating care delivery and plan and using strategies to promote health and a safe environment; and evaluation,evaluation of the progress of the patient toward attaining outcomes.

Question 3

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

Accepted Answer

Talking in an unrestricted area that reveals confidential information without authorization may support an allegation of a failure to preserve patient privacy.Slander is defined as making a false spoken statement damaging to a person's reputation.Libel is defined as publishing false statements that are damaging to a person's reputation.Defamation is defined as false or unjustified injury of the good reputation of another.This can be caused by either slander or libel.

Question 4

Malpractice is a specialized form of

Accepted Answer

Any individual who fails to meet a duty of due care resulting in injury may be alleged to have committed negligence.Only professionals commit malpractice.

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

Accepted Answer

All four elements of negligence are present: duty and standard of care,breach of duty,causation,and injury.If a nurse caring for acutely and critically ill patients is accused of failing to act in a manner consistent with the standard of care,that nurse is subject to liability for professional malpractice (negligence applied to a professional).Assault occurs if the patient fears harmful or offensive touching.Battery is any intentional act that brings about actual harmful or offensive contact with the plaintiff.

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:

Accepted Answer

The patient has the right to withdraw consent at any time.The nurse must listen and then clarify whether that is really what the patient desires.If it is,the surgeon should then be notified.

Question 7

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

Accepted Answer

Nurses have a legal obligation to provide reasonable and prudent care in any employment setting,as identified in the American Nurses Association Code for Nurses.

Question 8

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

Accepted Answer

The nurse is legally obligated to provide reasonable and prudent care comparable to the care that would be provided by practitioners facing similar situations.

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.

Accepted Answer

Duty to the injured party is the first element of a malpractice case and is premised on the existence of a nurse-patient relationship.Breach is failure to act consistently within applicable standards of care.Harm caused by the breach occurs when the patient sustained injuries because of the breach of duty.Damages are derived from the harm or injury sustained by the acutely or critically ill patient and are calculated as a dollar amount.

Question 10

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

Accepted Answer

Restraining the patient involved a specific act with purposeful intent.The act of restraining a patient without consent is battery.

Question 11

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

Accepted Answer

Injury resulting from the failure to meet an ordinary duty or standard of care is negligence.Malpractice is a specialized form of negligence.Assault and battery are examples of intentional acts.

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?

Accepted Answer

Failure to communicate and document patient findings in a timely manner is a form of failure to implement appropriate action.

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?

Accepted Answer

The nurse has a duty to act as a patient advocate,in this case by holding the preoperative sedation until the doctor and the patient can speak and the patient is satisfied that she has the necessary information to make this decision.

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

Accepted Answer

Nurses caring for acutely and critically ill patients must appropriately notify physicians of situations warranting treatment actions.Furthermore,the full no-code,do-not-resuscitate order does not exclude this patient from receiving treatment to correct the critical laboratory value.Breach is the failure to act consistently within applicable standards of care.For a nurse to be found negligent,the patient-plaintiff must establish that the nurse had a duty to provide care and that the nurse failed to provide care consistent with those standards.

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

Accepted Answer

A durable power of attorney for health care includes legally binding documents that allow individuals to specify a variety of preferences,particular treatments he or she wants to avoid,and circumstances in which he or she wishes to avoid them.The durable power of attorney for health care is a directive through which a patient designates an "agent," someone who will make decisions for the patient if the patient becomes unable to do so.A living will specifies that if certain circumstances occur,such as terminal illness,the patient will decline specific treatments,such as cardiopulmonary resuscitation and mechanical ventilation.

Question 16

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

Accepted Answer

Assault occurs if the patient fears harmful or offensive touching.Battery is defined as 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?

Accepted Answer

Telling a visitor of the patient's HIV status violated the patient's right to privacy.The nurse could have ensured the visitor's safety by providing gloves and explaining universal precautions.

Question 18

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

Accepted Answer

Although job descriptions can be institution specific,they should be reflective of the national and community standards of care.Job descriptions are based on professional accountability as outlined by state boards of nursing and standards of practice.

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?

Accepted Answer

Nurses have a duty to assess and analyze the care required by each patient they care for.Failure to do so puts the nurse at risk for negligence related to failure to assess the patient's needs.

Question 20

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

Accepted Answer

Nurses caring for acutely and critically ill patients are required not only to take appropriate action but also to accurately document their findings,interventions performed,and patients' response to those interventions.Failure to thoroughly and accurately document any aspect of care gives rise to negligence causes of action.

Quiz 3: Legal Issues