Question 1

Which error in judgment would be the most serious for the nurse defendant in a legal case?&#10;A) Discussing the case with the plaintiff&#10;B) Tampering with the chart&#10;C) Hiding information from the plaintiff's attorney&#10;D) Being discourteous on the witness stand

Accepted Answer

The patient's chart is a legal document.Changing or tampering with the chart would be in violation of the standards of practice,and the Nurse Practice Act and would not be considered "what a reasonable nurse would do." The nurse is expected to perform as a reasonable nurse would.If your actions are not those of a reasonable nurse and this causes someone to be injured,you can be sued.Being discourteous on the witness stand may not be professional.It is also not appropriate to discuss the case with the plaintiff or hide information; however,tampering with the chart is a more serious error in judgment.

Question 2

What is a significant action a nurse can take to prevent being named in malpractice suits?&#10;A) Refuse to care for suit-prone patients.&#10;B) Carry professional liability insurance.&#10;C) Maintain updated professional knowledge and skills.&#10;D) Check with a nursing supervisor before undertaking care.

Accepted Answer

When you become a registered nurse,you will have a license to practice nursing.This license sets certain standards,which you must follow as a nurse in the state.Should you not live up to these standards,your state can take away your ability to practice as a nurse.The best way to maintain those standards to practice professionally is to stay updated on skills and knowledge.Refusing to care for patients does not prevent you from being named in other malpractice suits.Carrying professional liability insurance does not prevent a malpractice suit but may provide assistance and monies in paying out claims.Although it is important to check with a supervisor about questions concerning nursing care,it may not prevent you from being named if you perform a procedure or intervention incorrectly.

Question 3

What would be the most effective way for a nurse to validate &#34;informed consent?&#34;&#10;A) Check the chart for a completed and signed consent form.&#10;B) Determine from the physician what was discussed with the patient.&#10;C) Ask the family whether the patient understands the procedure.&#10;D) Ask the patient what he or she understand regarding the procedure.

Accepted Answer

Asking the patient (not the family unless the patient is a minor child)what he or she understands regarding the procedure is an effective way to validate informed consent.Informed consent in the health care setting is a process whereby a patient is informed of the risks,benefits,and alternatives of a certain procedure and then gives consent for the procedure to be done.The piece of paper is simply evidence that the informed consent process has been completed.Determining from the physician what was discussed does not guarantee that the patient understands what was explained.

Question 4

In a legal suit,what element is necessary to prove a tort has been committed?&#10;A) Intent&#10;B) Assault&#10;C) Injury&#10;D) Malpractice

Accepted Answer

There are four elements that need to be present in a malpractice case,one of which is patient injury.The patient will have to prove that the specific nursing action caused injury or harm.The nurse,as a defendant,does not have a "burden of proof."

Question 5

What is a correct statement regarding a nurse who acts beyond the scope of practice?&#10;A) Demonstrates what a good nurse he or she can be&#10;B) Provides enriched services to patients who would not otherwise receive them&#10;C) May make other nurses angry because of the increased expectations created&#10;D) May be disciplined by the board of nursing

Accepted Answer

States may regulate nursing practice by controlling the scope of practice and determining the specific activities for each level of nursing.In most states,the Nurse Practice Act provides definitions and scope of practice for each level of nursing practice.The power of the board to discipline can have an adverse effect on the nurse's ability to practice.Practicing beyond the scope of practice does not demonstrate what a good nurse the person is and does not provide enriched services.Other nurses would not be angry at increased expectations but at the foolishness of the nurse practicing beyond the scope of practice.

Question 6

A nurse tells a patient,&#34;If you don't stop getting out of that chair,I'm going to put some restraints on you.&#34; What may this nurse be accused of?&#10;A) False imprisonment&#10;B) Defamation&#10;C) Invasion of privacy&#10;D) Malpractice

Accepted Answer

Assault and battery are the legal terms applied to nonconsensual threat of touch (assault)or the actual touching (battery).Use of restraints may also be interpreted as false imprisonment.False imprisonment means making someone wrongfully believe that they cannot leave a place.It is often associated with assault and battery claims.Assault and battery are the legal terms applied to nonconsensual threat of touch (assault)or the actual touching (battery).Malpractice is the improper performance of professional duties,a failure to meet the standards of care that results in harm to another person.Defamation (libel and slander)refers to causing damage to someone else's reputation.If the means of transmitting the damaging information is written,it is called libel; if it is oral or spoken,it is called slander.Invasion of privacy applies to several behaviors,such as photographing a procedure and showing it without the patient's consent,going through a patient's belongings without consent,or talking about a patient's private life publicly.

Question 7

A nurse understands informed consent when making which of the following statements?&#10;A) &#34;Informed consent is a binding agreement.&#34;&#10;B) &#34;Informed consent involves filling out an incident report.&#34;&#10;C) &#34;Informed consent occurs when the patient receives information about a procedure before giving consent.&#34;&#10;D) &#34;Informed consent is a name for a written legal policy.&#34;

Accepted Answer

Informed consent in the health care setting is a process whereby a patient is informed of the risks,benefits,and alternatives of a certain procedure and then gives consent for it to be done.Informed consent is not a binding agreement,an incident report,or a written legal policy.

Question 8

At the time of admission,a patient gave a history of allergy to penicillin that was duly noted in all critical areas of the patient's record.While giving medications,a nurse accidentally administered penicillin to this patient.The patient had a severe reaction but recovered.What is the implication of the nurse's action?

A) The nurse cannot be sued for malpractice because the patient did not directly the nurse of the allergy.
B) The nurse failed to act in a reasonable and prudent fashion and thus is liable for malpractice.
C) The nurse who gave the medication can bring a countersuit against the nurse who took the history.
D) There is no cause for concern because the action did not result in the patient's death.

Accepted Answer

The nurse failed to act in a reasonable and prudent fashion and thus is liable for malpractice.The most common errors include failure to administer the right drug to the right patient,in the right amount,by the right route,at the right time,and with the right documentation.Claims involving medication errors are augmented when the nurse fails to record the medication administration properly,fails to recognize side effects or contraindications,or fails to know a patient's allergies.There is no justification for the nurse to bring about a countersuit for the nurse who took the medication history because it was clearly noted in all critical areas of the chart.

Question 9

The nurse understands &#34;scope of nursing practice&#34; when making which of the following statements?&#10;A) &#34;The scope of nursing practice includes acts that permit some overlap between nursing and medicine.&#34;&#10;B) &#34;The scope of nursing practice includes activities that are legally permissible for a nurse to perform in a particular state.&#34;&#10;C) &#34;The scope of nursing practice are the specific duties the nurse owes to a patient.&#34;&#10;D) &#34;The scope of nursing practice involves hose activities for which a nurse can be held liable for malpractice.&#34;

Accepted Answer

Defining the scope of nursing practice is part of the responsibility of the state board of nursing.This involves determining the specific activities for each level of nursing and who can perform what functions.The duty that a nurse owes to a patient is part of the professional nurse-patient relationship.Any nursing activity that is outside the scope of nursing practice can be grounds for malpractice or negligence.

Question 10

A nurse is giving a presentation on malpractice.Which statement indicates the nurse understands malpractice?&#10;A) &#34;The elements of duty,breach of duty,and patient injury must be present for a malpractice claim.&#34;&#10;B) &#34;Negligent nursing care and failure to follow standards must be present for a malpractice claim.&#34;&#10;C) &#34;Failure to report,defamation,and discrimination must be present for a malpractice claim.&#34;&#10;D) &#34;Error in judgment and invasion of privacy must be present for a malpractice claim.&#34;

Accepted Answer

There are three elements that must be present for a malpractice claim: 
(1)You must have a duty-there must be a professional nurse-patient relationship.
(2)You must have breached a duty that was foreseeable-you must have fallen below the standard of care.
(3)Your breach of duty caused patient injury or damages.
The other options do not indicate the nurse's understanding of malpractice.

Question 11

A graduate nurse is preparing to start a first nursing job.What action would be the best legal safeguard for the graduate nurse to take?&#10;A) Competent practice&#10;B) A legal contract&#10;C) A valid license&#10;D) Following management policies

Accepted Answer

The answer of A graduate nurse is preparing to start...

Question 12

During a malpractice suit,how can the standard of &#34;what the wise and prudent nurse would do&#34; best be established?&#10;A) From the testimony of an expert nurse&#10;B) By consulting with nursing faculty regarding standards of care&#10;C) Conferring with a lawyer regarding malpractice parameters&#10;D) By consulting the standards of The Joint Commissions

Accepted Answer

The answer of During a malpractice suit,how can the standard...

Question 13

A student nurse is studying assault and battery.The student interprets assault and battery to include&#10;A) the nurse,without consent,touched the patient in an offensive,insulting,or injurious way.&#10;B) the nurse threatened to put the patient in restraints if they did not stay in bed.&#10;C) the nurse said the bill has to be paid before the patient can leave.&#10;D) the nurse failed to perform an act expected of a reasonable nurse.

Accepted Answer

The answer of A student nurse is studying assault and...

Question 14

The nurse enters a patient's room to complete the discharge paperwork and finds the patient in tears.The patient reports that someone from the business office stated they could not leave the hospital until the bill was paid.What is the best nursing action?

A) Comfort the patient and continue the preparations for discharge.
B) Call the social worker for a financial evaluation.
C) Call the family to arrange for the payment.
D) Cancel the discharge plans and notify the physician of the situation.

Accepted Answer

The answer of The nurse enters a patient's room to...

Question 15

In transcribing orders for a patient,the nurse finds a new order for aspirin,500 mg,QID.The patient has a long history of gastrointestinal bleeding.What is the best nursing action?&#10;A) Give the medication.&#10;B) Withhold the medication and chart why it was not given.&#10;C) Call the physician and question the order in light of the patient's history.&#10;D) Ask if the patient is allergic to aspirin.

Accepted Answer

The answer of In transcribing orders for a patient,the nurse...

Question 16

What action must occur to prove a breach of duty?&#10;A) Liability testimony of physician&#10;B) Testimony from state board of nurses&#10;C) Expert testimony&#10;D) Testimony of coworkers

Accepted Answer

The answer of What action must occur to prove a...

Question 17

Which definition,given by the nurse indicates understanding of malpractice?&#10;A) &#34;Malpractice is a criminal act committed against society.&#34;&#10;B) &#34;Malpractice means doing something a reasonable person or nurse would not do.&#34;&#10;C) &#34;Malpractice is an intentional professional act of negligence.&#34;&#10;D) &#34;Malpractice is a professional act or failure to act that leads to injury of a patient.&#34;

Accepted Answer

The answer of Which definition,given by the nurse indicates understanding...

Question 18

A nurse is providing care to a 6-year-old child with a broken arm.The nurse notices multiple bruises.The child says,"my father got mad because I was bad,and he hit and broke my arm so that I would remember to be good." What is the best nursing action?

A) Chart that the child is a victim of abuse.
B) Do nothing because the nurse cannot prove the child was abused.
C) Report the situation to the appropriate authorities.
D) Ignore what the child said because little children often lie.

Accepted Answer

The answer of A nurse is providing care to a...

Question 19

During a life-threatening emergency,a nurse hurriedly gives the patient a medication by IV push.There is extravasation of medication.Later,necrosis and tissue sloughing take place.The nurse's behavior may be the basis for what action?

A) Felony charge
B) Misdemeanor charge
C) Tort suit
D) Defamation suit

Accepted Answer

The answer of During a life-threatening emergency,a nurse hurriedly gives...

Question 20

What action might be taken on a nurse who commits an infraction of the Nurse Practice Act?&#10;A) The nurse is subject to discipline by a court of law.&#10;B) The nurse is subject to discipline by the state board of nursing.&#10;C) The nurse is subject to discipline by the local chapter of the state nurses association.&#10;D) The nurse is subject to discipline by the National League for Nursing.

Accepted Answer

The answer of What action might be taken on a...

Question 21

A nurse has just administered a medication when suddenly realizing that more medication was given than was ordered.Which action should the nurse take?&#10;A) Call the patient's physician and report the error.&#10;B) Say nothing about the medication error and continue to monitor the patient.&#10;C) Document the dose that was supposed to be given in the medical record.&#10;D) Document the amount given in the medical record but keep the error quiet.

Accepted Answer

The answer of A nurse has just administered a medication...

Question 22

A nurse has relocated to another state and wants to find a full-time nursing job.What action should be taken first in order to provide care as a nurse?&#10;A) Begin applying for jobs at the local hospital.&#10;B) Contact the board of nursing in the nurse's new state to obtain licensure to practice.&#10;C) Begin practicing immediately,as the nurse is still licensed in the formerly lived in state.&#10;D) Begin practice on a part-time basis so that a new license is not needed.

Accepted Answer

The answer of A nurse has relocated to another state...

Question 23

The nurse has an adequate understanding of nurse practice acts when stating which of the following?&#10;A) &#34;Nurse practice acts do not help guide nurses.&#34;&#10;B) &#34;Nurse practice acts describe how to prepare for the NCLEX exam.&#34;&#10;C) &#34;Nurse practice acts describe how and when to renew a nursing license.&#34;&#10;D) &#34;Nurse practice acts provide a list of job openings.&#34;

Accepted Answer

The answer of The nurse has an adequate understanding of...

Question 24

Which of the following statements by the nurse indicates understanding of legal actions?&#10;A) &#34;A misdemeanor is a less serious crime resulting in a fine.&#34;&#10;B) &#34;A felony is a less serious crime that can result in a fine.&#34;&#10;C) &#34;Civil actions are serious and often result in prison time.&#34;&#10;D) &#34;The defendant is the victim.&#34;

Accepted Answer

The answer of Which of the following statements by the...

Question 25

The nurse has an adequate understanding of risk management when stating which of the following? (Select all that apply.)&#10;A) &#34;Risk management becomes involved when incidents occur.&#34;&#10;B) &#34;Risk management becomes involved when untoward events occur.&#34;&#10;C) &#34;Risk management becomes involved to discipline the nurse.&#34;&#10;D) &#34;Risk managers gather evidence surrounding the event.&#34;&#10;E) &#34;Risk managers will interview those involved in an event.&#34;

Accepted Answer

The answer of The nurse has an adequate understanding of...

Question 26

A nurse places a heating pad on the lower leg of a patient with peripheral vascular disease.When the heating pad is removed,it is apparent that the patient has sustained partial-thickness burns to the area covered by the pad,and the nurse is sued for malpractice.Which statement is true?

A) All elements are present to find the nurse liable for damages.
B) Proximate cause cannot be established,so the nurse will not be found liable.
C) The standard of care in such a situation cannot be established,so the nurse will not be found liable.
D) No duty to the patient exists,so the nurse will not be held liable.

Accepted Answer

The answer of A nurse places a heating pad on...

Question 27

Which of the following would be considered a criminal action?&#10;A) A nurse who steals narcotics from the hospital&#10;B) A nurse who gets into a verbal disagreement with a visitor&#10;C) A nurse who restrains a patient who is considered a threat to himself&#10;D) A nurse who refuses to allow a visitor onto the unit who appears intoxicated

Accepted Answer

The answer of Which of the following would be considered...

Question 28

Which statement by the nurse indicates understanding of the nurse practice act?&#10;A) &#34;The nurse practice act defends any action the nurse may take.&#34;&#10;B) &#34;The nurse practice act defines the scope of practice for each level of licensure.&#34;&#10;C) &#34;The nurse practice act details pay raises for each year of service to an organization.&#34;&#10;D) &#34;The nurse practice act has language that grants nurses vacation time.&#34;

Accepted Answer

The answer of Which statement by the nurse indicates understanding...

Question 29

Which of the following can result in a civil action against the nurse?&#10;A) Failure to monitor&#10;B) Enforcing strict compliance with contact precautions against the family's wishes&#10;C) Refusing to discuss the patient's medical history with the family per patient request&#10;D) Assisting the physician in a bedside procedure after obtaining informed consent

Accepted Answer

The answer of Which of the following can result in...

Question 30

A nurse is completing an incident report.The nurse demonstrates an adequate understanding of the report when refraining from putting which of the following on the form
(Select all that apply.)

A) Conclusions about the incident
B) The name of the patient
C) Blame of others
D) Judgment
E) The nurse's opinion about what happened

Accepted Answer

The answer of A nurse is completing an incident report.The...

Question 31

Which actions take place in organizations to monitor quality improvement? (Select all that apply.)&#10;A) Evaluation of what nurses are doing for patients&#10;B) Development of policies and procedures&#10;C) Employee evaluations&#10;D) Intermittent monitoring&#10;E) Continuing education

Accepted Answer

The answer of Which actions take place in organizations to...

Question 32

A nurse wants to avoid malpractice claims.What action can be taken to greatly reduce the risk of a lawsuit?&#10;A) Reduce work status to part time.&#10;B) Implement fall precautions on an older adult patient.&#10;C) Leave clutter on the floor in patient rooms.&#10;D) Leave the patient's bed in the highest position.

Accepted Answer

The answer of A nurse wants to avoid malpractice claims.What...

Deck 20: Legal Issues