Deck 6: Legal Context for Communitypublic Health Nursing Practice

Question 1

A nurse is the subject of a lawsuit and attempts to demonstrate that her behavior was appropriate.To demonstrate this most effectively,the nurse should do which of the following?

A)Call an expert witness to testify that the behavior was prudent and reasonable for a nurse in such a situation.
B)Hire an attorney who will argue that the physician was responsible for the nurse's behavior.
C)Describe how the textbooks used while the nurse was enrolled in nursing education endorsed the action that the nurse performed.
D)Explain that the client asked the nurse to engage in that behavior,and the client has the authority to decide on personal care.

Answer 1

Call an expert witness to testify that the behavior was prudent and reasonable for a nurse in such a situation.

Question 2

Why is it especially important for the community/public health nurse who provides direct care to clients to know federal legislation?

A)The nurse will be able to inform clients of existing federal programs for which the client may be eligible.
B)The nurse will be aware of new resources and opportunities for clients.
C)The nurse will be able to uphold the current administrative rules and regulations.
D)The nurse will be able to protect himself or herself from "nuisance" suits by knowing all the legal safeguards.

Answer 2

The nurse will be able to inform clients of existing federal programs for which the client may be eligible.

Question 3

Which of the following is the name for the rules and regulations written by state boards of nursing?

A)Administrative law
B)Common law
C)Legislative law
D)Tort law

Answer 3

Administrative law

Question 4

A community/public health nurse was assigned to care for a home care client whose condition was constantly worsening.Because of overwhelming work issues,the community/public health nurse asked a licensed practical nurse (LPN)to care for the client for one day.When the LPN made an error that harmed the client,the client sued both the LPN and the community/public health nurse.Which of the following is the most likely outcome for this lawsuit?

A)As the supervisor responsible for delegating the care,the nurse is also responsible.
B)The nurse cannot be sued for an error made by someone else.
C)The nurse cannot be sued because the statute of limitations has been met.
D)Under respondeat superior,the nurse is responsible for everything any staff member does at any time.

Question 5

A client was extremely upset about her prognosis.The nurse looked the client directly in the eye while holding her hand and reassured her by saying,"You're going to be alright.You can get through this." The client's husband was also present when the nurse reassured his wife.When the wife died,the husband sued the nurse for breach of contract.On what basis can the husband win his case?

A)The nurse should have avoided reassurance,because the client took the reassurance as a promise of the outcome.
B)The nurse should have given better care to help ensure that the wife survived her treatment.
C)The nurse should have read the wife's medical record to determine her prognosis before reassuring her.
D)The nurse should have reassured the wife only when they were alone,without the husband knowing what was said.

Question 6

In which legislation can most public health documents be found?

A)County or district law
B)Federal acts
C)Local ordinances
D)State statutes

Question 7

What is the main difference between civil cases and criminal cases?

A)Civil cases involve society as a whole,whereas criminal cases are more limited.
B)Criminal cases are prosecuted by the government,while civil cases involve private persons or businesses.
C)Only in civil cases does the guilty party go to jail;in criminal cases,financial penalties are imposed.
D)The penalties are more severe for civil than for criminal violations because more people are affected.

Question 8

What are laws passed by a local government unit such as a village,town,or city called?

A)Acts
B)Judicial law
C)Ordinances
D)Statutes

Question 9

In which of the following situations would immunity be granted to a health care provider who reports suspected abuse of a client to a legal authority?

A)The provider believes abuse is occurring and reports it in good faith.
B)The provider can prove the abuse.
C)The provider has at least one other witness to the abuse.
D)The provider has good evidence of abuse.

Question 10

Which of the following events best describes how judicial law is typically created?

A)Suggestions from agency personnel
B)Case precedents or similar previous court decisions
C)Extensive public debate and a legislative vote
D)Decisions made by judges

Question 11

In which of the following statements are legal terms common to civil cases used correctly?

A)"The attorney sued for damages from the plaintiff."
B)"The defendant sued the plaintiff for damages."
C)"The plaintiff sued the defendant for damages."
D)"The plaintiff sued the defendant so that he would be incarcerated."

Question 12

A nurse's action resulted in serious harm to a client.Many years later,the client brings a court case against the nurse for damages.What might prevent the case from going to court for a ruling against the nurse?

A)The client agreed to the care at the time.
B)The nurse did not know the chosen action was inappropriate.
C)The nurse thought what was being done was appropriate.
D)The time limit for suing had passed.

Question 13

Who is protected by state laws when an employed nurse provides care to a client?

A)The health care provider and the client
B)The agency or hospital and the client
C)The health care provider and the agency or hospital
D)The client and the general population

Question 14

Which of the following descriptions best reflects the central purpose of laws?

A)Ensuring that the highest priority needs in society are met
B)Ensuring that ethical issues are resolved on the basis of the majority's agreement about the conclusion represented in the law
C)Helping society maintain employment (e.g.,courts,jails and prisons,police officers,attorneys)
D)Maintaining public order and communicating expectations about behavior
E)Ensuring that the desires of the majority in society become the rules

Question 15

A community/public health nurse is providing care to a client who reports that he has received a diagnosis of tuberculosis.The nurse wants to be sure that the legally safe action is chosen when care is provided to this client.With whom should the nurse consult?

A)Agency director
B)State hygienic laboratory personnel
C)Attending physician
D)State's attorney general

Question 16

A newly employed nurse had read the nurse practice act very carefully.After the first orientation day,the nurse read the agency procedure book from cover to cover and discovered that some policies seemed to be contradictory to the state law.Which of the following actions should the nurse take?

A)Ask another nurse working at the agency what to do.
B)Ask the physician what should be done when there are discrepancies.
C)Follow agency policy and procedures that are in place.
D)Report the discrepancies to the agency and volunteer to help revise the policy.

Question 17

Which of the following actions should be taken by a nurse who wants to influence proposed administrative law?

A)Calling,e-mailing,faxing,or writing the leaders of the House of Representatives and Senate concerning what should be included in the administrative law
B)Writing the state legislators to suggest that appropriate legislation be introduced
C)Promising to contribute money to the legislator's reelection campaign if the administrative law reflects the nurse's views
D)Providing input,either verbally or in writing,to the involved agency,after notice of proposed rules is published

Question 18

If a case of failure to act as a reasonably prudent professional is brought to court,what would this failure be called?

A)Vicarious liability
B)Civil disobedience
C)Criminal action
D)Negligence under tort law

Question 19

Under which of the following conditions can a nurse knowingly share confidential information about a particular client with anyone not involved in the client's care?

A)If a client states lack of concern about publicly sharing information with anyone
B)If the client has an extremely contagious disease,in which case the nurse may tell those possibly exposed
C)If the local public health department decides to encourage the general population to take protective measures
D)If the family requests that others are informed so they may be supportive of the client

Question 20

A nurse is caring for a client who is ill with a contagious infectious disease that has a high death rate.Which of the following actions should be taken by the nurse?

A)Asking the client to talk to a health care provider about disease progression
B)Reporting the disease if such reporting is required by state law
C)Determining whether the disease is easily transmitted through air or body fluids
D)Encouraging the client to stay at home and not have visitors

Question 21

The new nurse was proceeding through orientation and following the assigned mentor throughout the day when an elderly man was admitted to the home care agency for posthospitalization care.The mentor stressed the importance of asking whether the client had a durable power of attorney.Why would the mentor want this question answered?

A)Agencies are required by law to ask whether such a document exists.
B)The elderly client may not be capable of making his own decisions much longer.
C)If the client becomes confused,the nurse will know which family member to ask for a decision about his care.
D)The information will tell the nurse whether resuscitation should be performed.

Question 22

After a nurse talked to the physician over the phone,a medication was ordered over the phone,and the nurse gave the young boy his first dose.The boy almost immediately showed serious signs of allergy,and the nurse immediately administered adrenaline per standing orders of the agency.The nurse breathed a sigh of relief that the boy was okay until the boy's mother exclaimed,"We are definitely suing you." Which of the following would be the most likely reason that the mother would win such a suit?

A)The nurse did not correctly apply the rights of medication administration.
B)The nurse caused significant emotional distress to the boy and mother.
C)The nurse is the one who administered the drug to the boy that caused the reaction.
D)The nurse has no evidence that the physician ordered the offending drug.

Question 23

The nurse described the risks and benefits of immunization to an infant's mother and told her what immunization would be administered.The mother held the infant's leg as the nurse administered the injection.The next day the mother called the clinic supervisor and stated she was going to sue because the infant's leg was red,swollen,and clearly painful.Which of the following actions should the nurse take?

A)Explain that the symptoms,if given some time,will eventually resolve on their own.
B)Emphasize that this type of a reaction is rare and unpredictable.
C)Remind the mother that they had discussed immunizations and that she had held the infant's leg during the injection,and therefore informed consent had been given.
D)Stress that the infant has more immunity against the disease because of the immunization.

Question 24

During orientation at a public health agency,the supervisor informed the nurse that all nurses were legally covered because the agency had its own malpractice/negligence insurance.Which of the following actions should the nurse take?

A)Ask to see a copy of the policy and make sure it totals at least $1 million per occurrence.
B)Continue to carry personal liability insurance for self-protection.
C)Express gratitude because of the high cost of carrying personal liability insurance.
D)Concentrate on providing the best care possible to avoid lawsuits.

Question 25

A nurse has relocated to a different state and is reading the nurse practice act of this state.Why must the nurse become familiar with the information in this document? (Select all that apply.)

A)Because the nurse is required to follow such laws when providing nursing care
B)Because the nurse may be sued at any time for any reason
C)Because the nurse may be terminated by the agency if the law is not upheld
D)Because the nurse may have to quote the law to clients to explain nursing procedures
E)Because this law will protect the agency from lawsuits brought by unhappy clients
F)Because this law will protect the rights of both the nurses giving care and their clients

Question 26

Which of the following is the best definition for "standard of care"?

A)What a reasonably prudent nurse would do in the same situation
B)What is currently being advocated in nursing textbooks
C)What has been outlined in the policies and procedures of the agency
D)What the customary traditional practices in the community are

Question 27

A 17-year-old mother signed her name on the consent form for her child to have an influenza immunization.The nurse asked the mother if she also wanted a flu immunization.If the mother said,"Yes," can the nurse give her the injection?

A)No,unless the 17-year-old had her parents' consent
B)Yes,if the mother signs her own consent form
C)Yes;it is important that both mother and child be protected
D)It would depend on the laws in that state regarding emancipated minors

Question 28

An 84-year-old woman with diabetes had leg ulcers that necessitated long-term treatment because of her condition.One day,the client was angry because the nurse was late for their scheduled appointment and refused to let the nurse enter the house.Which of the following would be the best action for the nurse to take?

A)Accept that the client has the right to deny consent but try to visit later when she may not be quite so upset.
B)Call a legal consult because the client has obviously lost the ability to make rational decisions.
C)Demand the client sign an "against medical advice" slip or else change the dressings,using coercion as necessary.
D)Walk away,document the client's refusal,and accept the client's decision.

Question 29

The nurse left a client a telephone answering machine message with his laboratory results so that he could listen at his convenience.Upon hearing that this happened,which of the following would be the most likely action taken by the nurse's supervisor?

A)Explaining to the nurse that it is the client's responsibility to get in touch with the clinic office
B)Applauding the nurse's actions for showing good use of technology
C)Asking other nurses to follow this example as it made very efficient use of agency time
D)Instructing the nurse to leave a name and phone number for the client to return the call

Question 30

What is the relationship between legal obligations and ethical obligations?

A)Legal concerns are always in the news,whereas ethical concerns are not.
B)Legal issues are typically observed before ethical issues are noticed.
C)The nurse must fulfill legal obligations but not necessarily ethical ones.
D)When ethical issues become a social concern,laws are passed to provide guidance.

Question 31

Because the client was not incorporating the behavior changes the nurse suggested,the nurse decided to no longer visit the client's home to give care.Which of the following events would allow the client to successfully sue the nurse?

A)The nurse did not tell the client that no further visits would be made and did not suggest other options for care.
B)The nurse supervisor agreed that the suggested changes for the client's care were unreasonable.
C)The jury believed that the client was always right,regardless of the improperness of the client's behavior.
D)The physician sided with the client against the nurse and stated that the nursing plan of care was unreasonable.

Question 32

A community/public health nurse offered to take a client to and from the pharmacy in the nurse's car as the client had no other means of getting her prescription medications.Which of the following statements would most likely be made by the nurse's supervisor?

A)"Please don't do that;other clients will start expecting the same service."
B)"That was very kind and considerate of you to spend your gas and time driving the client."
C)"You shouldn't start a habit like that;the client may expect transportation for other errands now."
D)"Your insurance as an employee may not cover doing personal errands for clients,so avoid taking clients in your personal car."

Question 33

What is the primary purpose of incident reports?

A)Documenting that a particular nurse should not be retained
B)Documenting the breach in a standard of care
C)Punishing the employee at fault
D)Recognizing patterns of possible problems

Question 34

In what way did the 1996 Health Insurance Portability and Accountability Act (HIPAA)affect nursing practice? (Select all that apply.)

A)It established a procedure for the client to choose with whom he or she wants information shared.
B)It assisted health care providers in helping clients submit claims for insurance reimbursement.
C)It required all health agencies to tell clients exactly with whom their personal information will be shared.
D)It allowed health agencies to help clients establish insurance eligibility.
E)It required all health agencies to ensure that only persons immediately involved in the client's care have access to the client's health records.
F)It required all health care providers to protect client confidentiality by not writing any personal information in their medical record.

Question 35

What should incident reports always include?

A)The person who was responsible for the occurrence of the incident
B)The nurse's objective observation of the incident
C)The nurse's perspective as to what probably happened
D)The nurse's speculation on how such incidents could be avoided in the future