Deck 45: Legal Accountability

Question 1

The nurse provides care to an alert, oriented adult patient who is recovering from abdominal surgery. During a period of frustration, the patient states, "I'm leaving the hospital. Remove my IV and surgical drains or I will do it myself." In an effort to prevent the patient from removing the IV line and surgical drainage tubing, the nurse applies bilateral wrist restraints. Which terminology best describes the nurse's actions?
1)Assault
2)Fraud
3)False imprisonment
4)Quasi-intentional tort

Answer 1

3

Question 2

Under which circumstance is deferral of informed consent allowable?
1)The patient is confused and does not appear to understand the plan of treatment or the consent form.
2)The patient who is in cardiac arrest is transported to the emergency department without accompaniment by family members.
3)The surgeon requests that the patient be transferred to the surgical suite before the nurse has an opportunity to obtain the patient's informed consent.
4)The patient is crying due to severe pain and is unable to verbalize understanding of the treatment plan.

Answer 2

2

Question 3

The charge nurse lists the nurses' patient assignments and the patients' diagnoses on a whiteboard located at the nurse's station. The charge nurse's practice represents a violation of which federal regulation?
1)Americans with Disabilities Act (ADA)
2)Patient Self-Determination Act (PSDA)
3)Health Insurance Portability and Accountability Act (HIPAA)
4)Health Emergency Medical Treatment and Active Labor Act (EMTALA)

Answer 3

3

Question 4

Which aspect of patient care is guaranteed by the American Nurses Association (ANA) Code of Ethics for Nurses?
1)Helping a patient with billing claims
2)Assisting a patient who is leaving the hospital
3)Ensuring a clean and safe environment
4)Protecting the patient from misrepresentation

Question 5

Which nursing action constitutes invasion of privacy? Select all that apply.
1)Searching the patient's belongings without permission
2)Reviewing the patient's plan of care with nursing team members in the hospital cafeteria
3)Discussing an unconscious patient's treatment plan with the patient's power of attorney
4)Photographing a patient's leg wound without patient consent
5)Concealing information that should have been disclosed

Question 6

The nursing student asks the nurse preceptor to explain the purpose of accurate documentation in the electronic health record (EHR). Which response does the nurse choose?
1)"Charting communicates to members of the healthcare team the patient's care and responses during my shift."
2)"Charting allows me to share with the healthcare team my opinions of what happened with the patient."
3)"Charting helps the other nurses understand the patient care provided during my shift."
4)"Charting is required to comply with practice guidelines and institutional policies."

Question 7

A nurse who administers the wrong medication to a patient does not notify anyone of the error. Instead, the nurse documents administration of the correct medication. Ultimately, the error is discovered and the nurse is reported to the state board of nursing. Which action does the state board of nursing take against the nurse in this situation?
1)Disciplinary action against the nurse's license to practice
2)Criminal misdemeanor charges against the nurse
3)Medical malpractice lawsuit against the nurse
4)Termination of the nurse's employment

Question 8

The nurse enters a patient's room with a portable computer station to assess the patient. The nurse does not log out while assisting a patient to the bathroom. A visitor reads the patient's health record and begins to question the nurse about the patient information. This is an example of:
1)Quasi-intentional torts
2)Breach of confidentiality
3)Vicarious liability
4)Character defamation

Question 9

A 4-year-old patient is transported to the emergency department by his mother. The patient presents with bruising on his chest and facial contusions. The patient's mother reports that her boyfriend became angry and intentionally pushed the patient down the stairs. The patient appears to be experiencing significant pain. Which action does the nurse take first?
1)Notify the nursing supervisor of the suspected physical abuse.
2)Complete a physical assessment of the child.
3)Obtain an order for pain medication.
4)Notify Child Protective Services of the suspected abuse.

Question 10

An alert, oriented, 87-year-old patient has just been diagnosed with cancer. According to the patient's durable power of attorney, the patient's son serves as the patient's surrogate decision maker. The patient's son tells the nurse he is refusing chemotherapy treatment on the patient's behalf due to concerns about medication side effects and quality of life. Meanwhile, the patient states, "I want to receive chemotherapy." Which action does the nurse take?
1)Assist the patient and her son with reaching a compromise.
2)Administer the patient's chemotherapy treatment as ordered.
3)Advise the patient's son to consult with the hospital legal department for guidance.
4)Ask the patient's son to share more information about his decision to refuse the treatment.

Question 11

The unit manager stops the staff nurse in the hallway to discuss concerns about the staff nurse's delivery of unsafe patient care. The unit manager's comments are based on false information reported by a disgruntled patient. The conversation is overheard by other members of the healthcare team. Which term describes the unit manager's behavior?
1)Assault
2)Battery
3)Slander
4)Libel

Question 12

A 75-year-old patient is admitted to the emergency department (ED) for evaluation of confusion and memory loss. The initial patient assessment reveals bruises and scratches in various stages of healing on the patient's arms, legs, and torso. Based on the assessment findings, the nurse suspects the patient may be a victim of physical abuse. Which legislation requires the nurse to notify a designated authority about the suspected abuse?
1)Good Samaritan laws
2)Mandatory reporting laws
3)Nurse practice act
4)Nursing standards of practice

Question 13

The night shift nurse is assigned to care for a patient who is confused and who frequently attempts to climb out of bed. During one of the patient's attempts to get up, the nurse pushes the patient back onto the bed. The nurse then shows the patient a set of limb restraints and states, "If you keep trying to get up, I will tie you to the bed and leave you there until tomorrow morning." The nurse's actions are best described as:
1)Assault and battery
2)Libel and slander
3)False imprisonment
4)Medical malpractice

Question 14

Which issue is directly addressed by Safe Harbor laws?
1)Guarantee of peer review
2)Prevention of workplace violence
3)Exemption from mandatory overtime
4)Assurance of safe staffing

Question 15

The charge nurse in a progressive care unit assigns the care of a patient receiving hemodialysis to a newly hired licensed practical nurse (LPN). The charge nurse does not ask whether or not the LPN is competent in caring for patients who are receiving hemodialysis. The LPN is in orientation and fails to inform the charge nurse that she does not have experience with patients who are undergoing hemodialysis treatments. Which term best describes the charge nurse's actions?
1)Malpractice
2)Libel
3)Negligence
4)Abandonment

Question 16

The nurse is assigned to provide care to an older adult patient who is experiencing confusion. After completing the patient's physical assessment, the nurse forgets to raise the siderails on the patient's bed. Later in the day, the patient falls out of bed and sustains a hip fracture. The nurse is most likely to be sued on which grounds?
1)Malpractice
2)Battery
3)Assault
4)Negligence

Question 17

Effective delegation is a vital part of the nurse's responsibilities. Which factor is most important for the nurse to consider when correctly delegating a nursing task?
1)The delegatee's level of experience
2)The job description of the delegatee
3)The patient's opinion of the delegatee
4)The delegatee's sense of confidence

Question 18

The nurse provides care to a patient who is diagnosed with a sexually transmitted infection (STI). The nurse explains to the patient that the STI diagnosis must be reported to the local Health department based on which regulation?
1)Americans with Disabilities Act (ADA)
2)Safe Harbor laws
3)Good Samaritan Law
4)Mandatory reporting

Question 19

The staff nurse asks the clinical nurse leader to explain the main purpose of an incident report. Which response does the clinical nurse leader choose?
1)"Incident reports are used by nurse managers to discipline nursing staff for making errors."
2)"If an error in care occurs, an incident report must be kept in the patient's medical record in case of a lawsuit."
3)"To promote open communication, a copy of the incident report should be provided to the patient."
4)"The risk management team uses incident reports to prevent the incident from recurring."

Question 20

A 15-year-old patient who is at 39 weeks gestation is transported by her mother to the emergency department (ED) of a private hospital. The patient reports she is in active labor. The patient's mother states, "We don't have any money or insurance, but this hospital is closer than the public hospital." Which action does the ED nurse implement?
1)Arrange for an ambulance to transport the patient to the nearest public hospital.
2)Explain to the patient and her mother that the hospital only accepts patients who have health insurance.
3)Examine the patient to determine whether her condition is stable or whether she requires immediate medical attention.
4)Advise the patient's mother to transport the patient to the nearest public hospital.

Question 21

The nurse provides care to an adult patient who is admitted to a walk-in clinic for a follow-up visit. As a result of providing care to the patient over the course of several weeks, the nurse has developed a strong rapport with the patient. Which nursing actions represent a boundary violation? Select all that apply.
1)Expressing a personal attraction toward the patient
2)Accepting a grocery store gift card from the patient
3)Agreeing to meet the patient for coffee after the patient is fully healed
4)Sharing details about the nurse's personal problems with the patient
5)Denying the patient's parents access the patient's medical record

Question 22

A patient files a court complaint related to care that was delivered during a recent hospital admission. In an effort to prevent a trial hearing, the hospital's legal team attempts to resolve the patient dispute. Which processes represent methods of alternative dispute resolution? Select all that apply.
1)Deposition
2)Mediation
3)Litigation
4)Arbitration
5)Negotiation

Question 23

The nursing student creates a presentation about the impact of the American Nurses Association (ANA) Code of Ethics on nursing practice. Which information does the nursing student include in the presentation? Select all that apply.
1)The ANA Code of Ethics is a collection of federal and state laws.
2)The ANA Code of Ethics guarantees the patient's right to dignity.
3)Violation of a standard in the ANA Code of Ethics is considered to be a criminal offense.
4)The patient's privacy is guaranteed by the ANA Code of Ethics.
5)Violation of the ANA Code of Ethics may result in disciplinary action by the state board of nursing.

Question 24

The patient asks the nurse, "Will you please help me understand advance directives?" Which information does the nurse include in the response? Select all that apply.
1)"Advance directives establish the patient's choices about healthcare treatment if the patient should become unable to communicate."
2)"Legal requirements for advance directives are the same in every state."
3)"A patient may change the advance directive by telling the attending physician or by making changes in writing."
4)"Advance directives help to make sure the patient receives as much or as little care as he wishes."
5)"Examples of advance directives include living wills and durable power of attorney for healthcare."

Question 25

The nurse educator teaches a cohort of nursing students about intentional and unintentional torts. Which information does the nurse educator include in the discussion? Select all that apply.
1)Negligence is an example of an intentional tort.
2)Battery is an example of an intentional tort.
3)Intentional torts include invasion of privacy.
4)Malpractice is a type of unintentional tort.
5)False imprisonment is an example of an unintentional tort.