Deck 4: Legal Aspects of Nursing

Question 1

A client is scheduled to have surgery, has signed the consent form, but refuses to have a Foley catheter placed, saying, "That's not part of the surgery". The nurse should:

A) explain that this is part of the surgical prep and continue with the procedure.
B) call the physician.
C) respect the client's wishes as the right of consent also involves the right of refusal.
D) explain that the client has already signed the consent, and place the catheter.

Answer 1

respect the client's wishes as the right of consent also involves the right of refusal.

Question 2

A high school student wants to attend a nursing school that is highly regarded for its program. Which of the following entities must accredit or approve nursing programs?

A) Nursing and Midwifery Board of Australia.
B) Standards and Accreditation of Australia and New Zealand.
C) Australian Nursing and Midwifery Accreditation Council.
D) Royal College of Nursing Australia.

Answer 2

Australian Nursing and Midwifery Accreditation Council.

Question 3

A client is brought to the emergency department after being involved in a motor vehicle crash. The client is unconscious, her condition is critical and will require emergency surgery. The client does not speak English. What is the best action of the staff?

A) Leave the consent form and have the client sign it later.
B) Proceed with surgery as implied consent would be the case in this situation.
C) Have someone contact the nearest of kin from another State.
D) Hold the time of surgery until a consent form can be signed.

Answer 3

Have someone contact the nearest of kin from another State.

Question 4

A client was given the wrong dose of medication and died. The case is being tried in court and similar cases are used by the court in comparison to arrive at a decision. What doctrine is being applied here?

A) Public law.
B) Common law.
C) Administrative law.
D) Precedent.

Question 5

A nurse was responsible for a client's injury after failing to implement proper safety precautions in the client's care. The client's family is now pursuing damages from the hospital as well as the nurse. The doctrine that holds the hospital responsible as well as the nurse is which of the following?

A) Vicarious liability.
B) Contractual relationship.
C) Res ipsa loquitur ("the thing speaks for itself").
D) Precedent.

Question 6

The Nursing and Midwifery Board is an entity authorised under National Law to set and enforce nursing education, registration and practice standards. What type of law is this?

A) Public law.
B) Statutory law.
C) Common law.
D) Administrative law.

Question 7

A nurse on the unit notices that a co-worker exhibits a pattern of behaviour suggestive of drug abuse. The nurse should:

A) let other co-workers know about the situation.
B) send an anonymous letter to the director of nursing.
C) report the situation to the nurse manager.
D) ignore the behaviour as none of the nurse's business.

Question 8

A client is to undergo a surgical procedure by a surgeon. The client is questioning some of the terminology on the consent form. Which of the following is the best response by the nurse?

A) "I'll explain whatever you don't understand."
B) "I'll call your surgeon back in the room to answer your questions."
C) "You should have asked your surgeon when he was in here."
D) "Just sign the form, and I'll make sure your surgeon talks to you before he begins the procedure."

Question 9

The student nurse is studying the various applications of law to understand the regulations surrounding nursing practice. What is the type of law that regulates nursing in Australia?

A) Public law.
B) Statutory law.
C) Common law.
D) Administrative law.

Question 10

The client presents her hand when the nurse makes this statement: "I need to start an IV so you can get your antibiotics". This is an example of which of the following?

A) Informed consent.
B) Express consent.
C) Compliance.
D) Implied consent.

Question 11

Documentation of patient care in a medical health record:

A) provides a contemporaneous record of events which have taken place.
B) can be written by a registered nurse on behalf of another nurse.
C) are seldom used by the Courts for establishing the facts of treatment.
D) can be transcribed, e.g., treatment orders.

Question 12

Nurses in all States and Territories (except Tasmania) are protected by laws such as Good Samaritan acts. Which of the following situations would not apply as part of these acts?

A) A nurse gives CPR to a client brought to the emergency department; later the client is found to have a "Do Not Resuscitate" order.
B) A nurse gives first aid to a child injured in a sporting event.
C) A nurse leaves the scene of an emergency to call for help.
D) A nurse helps deliver the baby of a neighbour during a snowstorm.

Question 13

The admissions officer explains the process of signing forms to allow for the client's private medical fund to be billed for services. If the fund fails to pay for services rendered, the client is responsible for payment. This is an example of which of the following?

A) Statutory law.
B) Tort law.
C) Administrative law.
D) Contract law.

Question 14

Standards of care have become 'legal guidelines' for nursing practice so as to:

A) be informed of the Nursing Act.
B) protect the consumer.
C) provide for the licensing of nurses.
D) establish nursing competency.

Question 15

The nurse has delegated the task of obtaining vital signs on a new admission to an assistant in nursing (AIN). The task is completed, but the vitals were not recorded accurately. Who is responsible for this action?

A) Both the AIN and the nurse.
B) The AIN.
C) The nurse.
D) The Nurse Unit Manager.

Question 16

It is mandatory for a nurse with knowledge of unprofessional conduct by another health professional to:

A) report that behaviour to the ANMAC.
B) report that behaviour to the local media.
C) report that behaviour to the nursing union.
D) report that behaviour to the NMBA.

Question 17

The nurse administers a medication order to a patient. However, the order is incorrectly written by the doctor and subsequently filled by the pharmacist. Who, in this situation, is liable for the action?

A) Nurse.
B) Doctor.
C) Hospital.
D) Pharmacist.

Question 18

Before a case goes to court, the nurse and the solicitor will make an effort to understand and obtain all the facts surrounding a situation-for example, other staff who were working with the client, anyone who might have had access to the client's information, and the client's mental status and condition. This is referred to as which of the following?

A) Discovery.
B) Civil action.
C) Burden of proof.
D) Complaint.

Question 19

An elderly adult fell at home and fractured a hip, which requires surgical repair. After admittance to the emergency department, the client was given sedation for pain before a surgical permit was signed. What is the best action necessary to obtain consent?

A) A legal guardian or representative can provide or refuse consent.
B) This would be considered an emergency situation and consent would be implied.
C) Since the client has been medicated, the nurse should thoroughly explain the consent form to the client.
D) The physician should wait until the effects of the medication wear off and have the client sign.

Question 20

A nurse is aware that a colleague is consistently delivering care to elderly clients that is below expected standards and is placing them at risk of serious harm. The nurse should:

A) seek advice from a senior member of staff.
B) report the situation to the NMBA.
C) tell the colleague that they should not treat patients differently.
D) file a written report in the client's chart.

Question 21

A nurse is trying to administer a prescribed oral medication to a client. The client refuses to take it. Which of the following would demonstrate the nurse had committed an unintentional tort?

A) The nurse withholds the medication and the client suffers harm.
B) The nurse tells the client that she will give it to him by injection if he won't swallow the tablet.
C) The nurse forces the medication down the client's throat.
D) The nurse locks him in his room while she goes to tell the doctor.

Question 22

Which one of the following occurrences would not require the nurse to complete an incident form?

A) A patient falling out of bed.
B) A patient losing their dentures.
C) A patient given the wrong medication.
D) A patient having an argument with their spouse.

Question 23

A nurse is being sued for malpractice. Which of the following specific elements in addition to damages, harm or injury, causation and foreseeability, must be present for the nurse to lose the case?

A) Negligence.
B) Breach of duty.
C) Malpractice.
D) Intent.

Question 24

A client woke in the middle of the night, confused and unaware of their surroundings. Although the call bell was within reach, the client got out of bed unassisted, tripped on the bedside chair, and fell. Which of the following elements of malpractice is missing in this case?

A) Duty.
B) Damages.
C) Injury.
D) Foreseeability.

Question 25

A nurse is preceptoring a nursing student on clinical placement. Whilst the nurse is on her break, a patient asks the student for some pain relief. Rather than disturb her preceptor, the student gives the wrong medication to the patient. Who is accountable for the student's practice?

A) The preceptor.
B) The university.
C) The hospital.
D) The student.

Question 26

A nurse mistakenly administers an extra dose of a narcotic to a client, causing death. She may be charged under criminal law with:

A) negligence.
B) malpractice.
C) manslaughter.
D) misdemeanour.

Question 27

All of the following are examples of professional malpractice, except:

A) failure to adhere to the institution's policies.
B) failure to question illegible medication orders.
C) failure to report for duty on time.
D) failure to report a patient's progress.

Question 28

A patient suffers harm as a result of an instrument being left in his abdomen during surgery. The act cannot be attributed to a specific health professional. In this case, the negligence action undertaken would be based on the principle of:

A) vicarious liability.
B) statute of limitations.
C) res ipsa loquitur ("the thing speaks for itself").
D) burden of proof.

Question 29

Which of the following nurses would need to ascertain whether their practice was covered for professional indemnity insurance?

A) Nurse working in a large government hospital.
B) Nurse working in a government clinic.
C) Nurse working as an independent practitioner in midwifery.
D) Nurse working at a school.

Question 30

The nurse makes this entry in a client's medical record: "The client is a drug addict and is always asking for more medication than what is necessary". In this situation, the nurse may be charged with which of the following?

A) Incompetence.
B) Libel.
C) Slander.
D) Defamation.