Deck 8: Legal Implications in Nursing Practice

Question 1

The nurse is providing care to a female patient who has been diagnosed with terminal cancer and who has a poor prognosis.When the patient's husband comes in to visit,the nurse expresses her sympathy to the man for his wife's terminal illness.The patient's husband bursts into tears and says that he did not know about his wife's diagnosis.This nurse's action exemplifies which of the following violations?

A) Assault
B) Slander
C) Negligence
D) Invasion of privacy

Answer 1

D

Question 2

In the course of nursing practice,a nurse may be liable for actions that constitute an unintentional tort.Which one of the following is an example of an unintentional tort?

A) Physical restraint of a patient who refuses care
B) Taking photos of a patient's surgical wounds without the patient's permission
C) The patient falling and being injured as a result of side rails being left down
D) Talking about a patient's history of sexually transmitted infections

Answer 2

C

Question 3

The nurse recognizes that issues concerning death and dying may influence nursing practice.Which of the following statements is true,concerning the legalities related to death and dying?

A) Passive euthanasia is illegal in all provinces, except Manitoba.
B) Assisted suicide is a constitutional right.
C) Organ donation must be sought if it will save the recipient's life.
D) Feedings may be refused by mentally competent individuals who are unable to feed themselves.

Answer 3

D

Question 4

A physician asks a family nurse practitioner to prescribe a medication that the nurse practitioner knows is incompatible with the patient's current medication regimen.Which of the following would occur if the nurse practitioner implements the physician's request?

A) The nurse practitioner would be liable for the action.
B) Good Samaritan laws would protect the nurse.
C) If the nurse practitioner has developed a good relationship with the patient, a problem will probably not arise.
D) This situation illustrates one of the reasons for nurse practitioners to have malpractice insurance.

Question 5

What is the main difference between the tort of negligence and criminal negligence that causes death?

A) The severity of a patient's adverse outcome
B) The amount of intentional physical contact without consent
C) The degree to which the act deviated from the standard of a reasonable, prudent nurse
D) The extent of the violation of protecting a patient's right to be free from unwanted intrusion

Question 6

A patient has an order for intramuscular morphine sulphate,as needed,for pain,and the nurse accidentally administers an incorrect dosage.Which law best addresses this situation?

A) Civil law
B) Criminal law
C) Human rights law
D) Statute law

Question 7

According to the standards of care mandated by the Canadian Council on Health Services Accreditation (CCHSA),which of the following is an institution required to establish?

A) Limits of professional liability
B) Educational standards for nurses
C) A delineated scope of practice for health care providers
D) Written nursing policies and procedures for care

Question 8

Which of the following statements is true,regarding standards of care?

A) Standards of care are legal documents.
B) Standards of care are created by practicing nurses.
C) Standards of care apply only to nursing in institutional settings.
D) Standards of care are not used in negligence lawsuits to establish prudency.

Question 9

An RN interprets a scribbled medication order by the attending physician as 25 mg,administers the dose to the patient,and then discovers that the dose was,in fact,15 mg.Who would ultimately be held responsible for the error?

A) The attending physician
B) The assisting resident
C) The pharmacist
D) The nurse

Question 10

An unconscious patient with a head injury needs immediate life-saving surgery.His wife speaks only French,and the health care providers who are not fluent in French are having a difficult time explaining his condition to her.Which of the following is the most correct answer regarding this situation?

A) Two licensed health care workers should witness and sign the preoperative consent form indicating that they heard an explanation of the procedure given in English.
B) An institutional review board must be contacted to give its emergency advice on the situation.
C) A friend of the family may act as an interpreter, but the explanation cannot contain details of the patient's accident because of confidentiality laws.
D) The health care team should continue with the surgery after providing information in the best manner possible.

Question 11

What is the purpose of a pretrial conference?

A) To outline what the defendant did wrong
B) To allow the defendant to deliver the statement of defence
C) To explain and interpret all of the evidence as it emerges
D) To identify points of contention and narrow down the issues

Question 12

Mr.Smith,62 years old,is leaving the hospital against medical advice the day after his surgery.The nurse informs him that he is not allowed to leave and proceeds to call a "code purple" to lock down the unit.What type of intentional tort does the nurse's action demonstrate?

A) Assault
B) Battery
C) Invasion of privacy
D) False imprisonment

Question 13

Because of an influenza epidemic among the nursing staff,a nurse has been moved from the ophthalmology unit to the general surgery unit.The supervisor recognizes that the nurse is inexperienced in this specialty.What would be the nurse's initial recourse?

A) Politely refuse to move, take the day off, and go home.
B) Ask to work with an experienced general surgery nurse.
C) Submit a report noting his dissatisfaction.
D) Notify the Canadian Nurses Association (CNA) of the issue.

Question 14

Which of the following statements about caring for patients with communicable diseases,such as severe acute respiratory syndrome (SARS)and acquired immunodeficiency syndrome (AIDS),is true?

A) Every health care worker who comes into contact with a patient has the right to know the patient's HIV infection status.
B) A nurse can refuse to care for a patient with SARS or AIDS if he or she fears for his or her own personal health.
C) Strict compliance with standard precautions should be the nurse's strategy when caring for all patients.
D) In known cases of AIDS or SARS, information can be disclosed without the patient's consent.

Question 15

The nurse is about to obtain consent from a patient who is scheduled to undergo a surgical procedure the next morning.What does the nurse's signature as a witness on the informed consent form indicate?

A) The patient fully understands the procedure.
B) The patient agrees with the choice of the procedure to be performed.
C) The patient has voluntarily signed the form.
D) The patient has authorized the physician to continue with the treatment.

Question 16

The nurse has just obtained the licence to practice and is determining whether individual malpractice insurance is necessary.Which of the following is the most important factor in the nurse's decision to carry malpractice insurance?

A) The amount of the malpractice insurance provided by the employer
B) Working in a critical area of nursing where patients have higher morbidity and mortality rates
C) Employment status and professional liability coverage
D) The nurse's knowledge level of Good Samaritan laws

Question 17

On admission to the hospital,a patient with terminal cancer says that he has a living will.Which of the following does this document state as the patient's desire?

A) Receive all means of mechanical assistance to prolong life.
B) Have his wife make decisions regarding his care.
C) Be allowed to die and not be subject to life-prolonging measures.
D) Have a lethal injection administered to free him from his suffering.

Question 18

The nurse must be aware of the types of individuals who can give consent for procedures and treatments.Which one of the following individuals may legally give informed consent?

A) A sedated 42-year-old patient
B) An 18-year-old mother of a newborn child
C) The friend of an 84-year-old married patient
D) A 56-year-old who does not understand the proposed treatment plan

Question 19

A junior nursing student is preparing to give her patient an injection.What standard of care applies to the student nurse's conduct when providing care normally provided by a registered nurse (RN)?

A) The standard of care for an unlicensed person
B) The same standard of care as for an RN
C) A standard similar to, but not the same as, that for the staff nurse with whom she is assigned to work
D) No special standard of care because her faculty member is responsible for her conduct