Deck 7: The Nurses Legal Accountabilities: Professional Competence, Misconduct, Malpractice, and Nursing Documentation

Question 1

A nurse who performs a procedure beyond his or her level of skill and ability would be considered incompetent.

Answer 1

False

Question 2

To prove negligence, which three elements must be present?

A) Duty of care is owed, duty of care is breached, and damage is a direct result.
B) Duty of care is breached, indirect damage is present, and duty of care is owed.
C) Duty of care is breached, damage is a direct result, and damage is permanent.
D) Duty of care is breached, indirect damage results, and damage is permanent.

Answer 2

Duty of care is owed, duty of care is breached, and damage is a direct result.

Question 3

Should nurses obtain professional liability insurance?

A) Unless nurses engage in independent practice, it is not necessary.
B) It is not necessary if nurses are covered by the insurance policies of their employers.
C) No, the regulatory body does not require this.
D) Yes, because the doctrine of vicarious liability does not apply in all circumstances.

Answer 3

Yes, because the doctrine of vicarious liability does not apply in all circumstances.

Question 4

How do the courts determine if a nurse's conduct has been negligent?

A) The standard of care is used as an objective measure.
B) Professional standards are used as a subjective measure.
C) Only an appellate court can determine this.
D) This would go before a disciplinary review board, not the courts.

Question 5

Failing to meet a standard of practice of the nursing profession would be considered malpractice.

Question 6

Which of the following best explains the coroner, or medical examiner, system?

A) They investigate unexplained or suspicious deaths.
B) Health care professionals and the police are accountable for reporting unexplained deaths to them.
C) All recommendations made as a result of an inquest are mandatory.
D) An inquest's finding of homicide results in an immediate criminal investigation.

Question 7

A nurse whose lack of actions demonstrates disregard for the lives or safety of others is liable for which of the following?

A) Criminal incompetence
B) Statutory negligence
C) Professional malpractice
D) Criminal negligence

Question 8

Which of the following is the best example of an intentional tort?

A) A nurse assaults a patient.
B) A nurse makes a medication error, which results in the patient having an adverse reaction.
C) A nurse is abusing substances while at work.
D) A nurse accidentally runs a commode over a patient's foot and bruises it.

Question 9

An assault occurs when a person intentionally threatens another person with imminent harm.

Question 10

Contributory negligence means that the patient, as the plaintiff, is partly responsible for the harm suffered.

Question 11

Which of the following describes an employer's responsibility in relation to the standard of care?

A) To address the effects of nurse absenteeism on patient care
B) To evaluate all nurses on an annual basis to ensure that they are meeting standards
C) To implement an improvement plan for nurses who do not meet standards
D) To follow collective agreements regarding scheduling practices

Question 12

In a case where a nurse's conduct is in question, the standard of care used in courts would be the actions of a reasonably competent nurse in similar circumstances.

Question 13

During a night shift, a nurse caring for a patient with leukemia is concerned that the patient's heart rate has increased and that her temperature has risen from 37.5 $\degree$ C to 38 $\degree$ C. She informs the in-charge nurse, who suggests that rather than disturbing the physician on call, she monitor the patient over the next few hours. What immediate steps should the nurse take?

A) Seek out more information about leukemia.
B) Accept the charge nurse's advice, and continue to monitor the patient.
C) Express concerns regarding this plan, and document this concern in the patient's record.
D) Express concern to the charge nurse regarding this plan, and page the on-call physician or nurse practitioner.

Question 14

The nurse's duty of care to patients and clients is based on professional standards of care.

Question 15

Which of the following may an expert nursing witness be asked to do at a trial?

A) To interpret the health care record
B) To interpret the educational qualifications of the nurse in question
C) To comment on the nurse's guilt or innocence
D) To describe previous malpractice incidents regarding the nurse in question