Deck 18: Legal Issues in Healthcare

Question 1

Which of the following would be considered negligent malpractice if performed by the nurse?

A)Delaying assessment of a patient whose previous blood pressure was reported as 70/40 mm Hg
B)Delegating blood glucose levels to a UAP
C)Notifying a health care provider of a patient's drop in blood pressure
D)Responding to a patient in respiratory distress

Answer 1

Delaying assessment of a patient whose previous blood pressure was reported as 70/40 mm Hg

Question 2

State Boards of Nursing (SBON)grant licensure to nurse who successfully pass the NCLEX exam.They also regulate the practice of nursing with the Nurse Practice Act of each state.What is the primary purpose of the SBON?

A)Grant licenses
B)Protect the public
C)Defend the nurse
D)Establish nurse/patient ratios for the state

Answer 2

Protect the public

Question 3

A nurse driving on the highway comes upon a crash that has just occurred.There are no paramedics on the scene and the damage indicates that people inside the cars may have incurred life-threatening injuries.Which of the following is the most appropriate action by the nurse?

A)Stop and provide comfort only because you can be held liable for that care provided.
B)Stop and provide help.The Good Samaritan laws protect you.
C)Do not stop to provide help.Call 911 to send help.
D)Do not stop;you can put your license at risk.

Answer 3

Stop and provide help.The Good Samaritan laws protect you.

Question 4

FLAT charting is an acronym used to remember the rules for good charting.The letters remind the nurse to chart Factually,Legibly,Accurately,and Timely.Which of the following is the most appropriate use of the acronym in charting?

A)Ambulated 20 feet without assistance,O2 sat remains at 92% on room air
B)Ambulated 20 feet without assistance
C)Ambulated without assistance
D)Ambulated in hall

Question 5

A new nurse is hired to work in an acute care hospital.He was advised by Human Resources that liability insurance is not necessary because the institution has coverage for all employees.Which of the following responses by the nurse is best?

A)"Great,that is one less expense."
B)"I want my own personal insurance to protect my interests in case of a suit."
C)"I don't intend to do anything wrong."
D)"I want to have insurance to supplement yours."

Question 6

Informed consent requires that the patient has received specific information regarding the benefits of having the procedure as well as what will happen if the procedure is not performed.Which of the following must also be applied for it to be legal?

A)Alternatives and risks
B)Competency and voluntariness
C)Cost and benefits
D)Risks and discomfort

Question 7

HIPAA was passed in 1996 to protect a patient's right to privacy.Nurses must obtain permission from the patient to release information,even to family members.What should the nurse say to a person on the telephone who is claiming to be a relative of the patient and is inquiring about his condition?

A)Provide only minimal information.
B)Explain to the person that you cannot give information over the telephone.
C)Refer them to the physician.
D)Refer them to the family.

Question 8

Which of the following would constitute negligence if performed by a nurse?

A)Failure to remove restraints before bathing a patient
B)Failure to inform the health care provider about a patient's complaint of chest pain
C)Failure to report a heart rate of 60 bpm for a patient receiving digoxin (Lanoxin)
D)Failure to check the gag reflex on a patient who just returned from a transesophageal echocardiogram

Question 9

Nurses are responsible for delivering safe appropriate care.If a patient is erroneously accessed for a prothrombin time instead of his roommate,the nurse is obligated to do which of the following?

A)Call the physician.
B)Complete an incident report.
C)Notify the nurse manager.
D)Notify risk management.

Question 10

A nurse is moving to another state where she plans to practice nursing.Which of the following should she do to legally practice in another state?

A)Take the NCLEX exam for that state.
B)Seek reciprocity in the state.
C)Present the previous state license at the time of hire.
D)Seek a different profession.

Question 11

If a nurse is caught confiscating pain medication for personal use,which procedure must be followed?

A)The nurse should be given a second chance.
B)The state nursing organization must be notified.
C)The state board of nursing must be contacted.
D)The nurse must be fired.

Question 12

Physical restraints are only allowed when the patient is at risk to themselves or others.Which of the following does the nurse understand about the use of restraints?

A)Restraints are used to prevent a patient from pulling out his Foley catheter.
B)Restraints are necessary to prevent the patient from getting out of bed.
C)If restraints are necessary,the least restrictive must be used.
D)The nurse must obtain an order to use restraints PRN.

Question 13

The advance medical directive and the living will are confused by patients and staff.Which of the following explains the difference?

A)A living will designates the person to make their health care decisions if the patient is no longer able to.
B)An advance directive designates do not resuscitate directives.
C)The advance directive details the wishes of the patient while he is still competent.
D)The living will is signed by two nonrelated people and can never be altered.

Question 14

On admission the patient provides the nurse a copy of their living will.The nurse understands that this document will do which of the following?

A)Designate a family member to make health care decisions for him
B)Provide information regarding a medication error
C)Give directions regarding end-of-life care
D)Provide DNR instructions

Question 15

Malpractice is the failure to act as another prudent nurse with the same knowledge and education would act under similar circumstances.Which of the following indicates malpractice?

A)Failure to allow a patient to leave the unit for a cigarette
B)Failure to provide a specific pain medication requested by the patient.
C)Failure to act when a patient refuses to be turned and develops pressure ulcers
D)Failure to notify a health care provider of a 2-lb.weight gain in a heart failure patient

Question 16

Which of the following would constitute negligence if performed by a nurse?

A)Failure to protect a patient from a fall that resulted in injury
B)Failure to restrain a patient on bedrest
C)Failure to restrain a confused patient
D)Failure to notify the family of a change in condition requiring intensive care unit care

Question 17

The nurse manager is responsible for ensuring that all nurses are licensed and that they are properly renewed.When a nurse's license is being investigated for possible disciplinary action,the nurse manager must take which of the following actions?

A)Allow the nurse to continue to work until the SBON decides on an action.
B)Terminate the nurse.
C)Allow the nurse to take a leave of absence until a decision is made by the SBON.
D)Refuse to allow the nurse to work until the SBON has decided on an action.

Question 18

When delegating care to a UAP for a patient in wrist restraints,what is the correct procedure to be followed by the UAP?

A)Remove the restraints for the bath but remain at the bedside the entire time.
B)Remove the restraints and tell the patient they will not be reapplied as long as he behaves.
C)Do not remove the restraints because the patient may try to get out of bed.
D)Remove the restraints one arm at a time to allow cleansing and ROM.

Question 19

The Patient Self-Determination act allows for refusal of care.Which of the following situations illustrates a patient's right to refuse care?

A)A patient decides to sign out AMA.
B)A patient signs a consent form.
C)A patient asks for time to think about surgery and talk with his family.
D)A patient asks for alternatives to the prescribed treatment.

Question 20

A patient refuses treatment and decides to leave the hospital against medical advice.The nurse stands in the patient's doorway and tells him he cannot leave because he may die,and she refuses to let him pass.Which of the following does this action imply?

A)Invasion of privacy
B)Assault and battery
C)False imprisonment
D)Autonomy

Question 21

When signing an informed consent form,the nurse understands that her signature:

A)Indicates witness that patient signed the form.
B)Confirms that the patient understands the information provided.
C)Confirms that the patient is agreeing voluntarily.
D)Indicates witness that the patient is of legal age.

Question 22

When applying restraints on a patient with an endotracheal tube who is on a ventilator,the nurse understands that they are placed to protect the patient from self-extubation.Which of the following must occur when the restraints are applied?

A)Written permission from the patient or family.
B)Written order from the physician
C)Is accepted as a standard of care in the intensive care unit
D)Cannot be used unless the patient attempts to self-extubate

Question 23

After being injured during a procedure,a patient consults an attorney regarding the nurse's liability.The patient is informed that grounds for malpractice must include (select all that apply):

A)Injury.
B)Breach of duty.
C)Verbal abuse by the nurse.
D)That the nurse followed the state's nurse practice act.

Question 24

The nurse is working with an LPN and a UAP to care for five patients.Which of the following is considered negligence when delegated to the UAP by the RN?

A)Blood glucose monitoring
B)Removal of wrist restraints during the bath
C)Antifungal powder application
D)Transportation to radiography

Question 25

In which situation could the nurse be held liable for assault and battery?

A)Chemically restraining a patient who is competent and able to make decisions
B)Advising a patient against leaving AMA
C)Using wrist restraints on a patient who is trying to harm himself
D)Administering medication without checking the armband

Question 26

The Omnibus Budget Reconciliation Act ( OBRA )of 1987 was written to protect the patient from physical or chemical restraint in which of the following situations?

A)Protection from self-harm
B)Protection from other patients
C)To keep patient from leaving AMA
D)Discipline or convenience

Question 27

The nurse is working with an LPN and a UAP to care for five patients.Which of the following is considered negligence when delegated to the LPN by the RN?

A)IVP medications
B)G-tube medications
C)Topical medications
D)Oral medications