Deck 15: Law and Professional Nursing Practice

Question 1

What does "reasonable and prudent" mean as it relates to standards of care?

Answer 1

The term "reasonable and prudent" as it relates to standards of care refers to the level of judgment, care, diligence, and action that would be expected from a reasonable person under similar circumstances. In the context of professional practice, such as medicine, law, or engineering, it is a benchmark used to evaluate whether a professional has acted in a manner consistent with the accepted practices of their profession.

When assessing whether an individual has met the "reasonable and prudent" standard, one considers what a similarly trained and experienced person would do in the same situation, taking into account the available information and resources. This standard is not about perfection or the best possible care in hindsight, but rather about what is sensibly expected from someone with similar qualifications and in a similar context.

In legal terms, the "reasonable and prudent" standard is often applied in negligence cases to determine if a duty of care was breached. For example, in medical malpractice cases, a doctor's actions would be compared to the standard of care that a reasonable and prudent physician would provide under similar circumstances. If the doctor's actions fall short of this standard, they may be found negligent and liable for any resulting harm.

The standard is inherently flexible and takes into account the nuances of each situation. It allows for the fact that reasonable minds can sometimes disagree about what is appropriate in a given scenario, and it acknowledges that circumstances may dictate a range of acceptable actions. However, the core idea is that the actions taken should be those that a reasonable and prudent person would consider appropriate and justifiable in the context of the situation at hand.

Question 2

What measures are taken when a nurse is summoned to court for a legal action? Is a nurse more responsible than a doctor in the situation if both were involved with the patient's care?

Answer 2

When a nurse is summoned to court for a legal action, several measures are typically taken to prepare for the legal process. These measures include:

1. **Notification and Legal Representation**: Upon receiving a summons, the nurse should immediately notify their employer and their professional liability insurance provider. The nurse should seek legal representation, either provided by their employer, their insurance, or by hiring a private attorney who specializes in healthcare law.

2. **Review of the Case**: The nurse, along with their legal counsel, will review the details of the case. This includes examining the patient's medical records, the nurse's notes, and any other relevant documentation to understand the allegations and the context in which they occurred.

3. **Preparation of Testimony**: The nurse will work with their attorney to prepare for giving testimony. This involves reviewing facts, understanding legal terms, and practicing answering questions that may be posed by either the defense or the prosecution.

4. **Professional Support**: The nurse may seek support from their professional nursing association or colleagues who can offer guidance and moral support during the legal process.

5. **Compliance with Legal Obligations**: The nurse must comply with all legal obligations, such as respecting court dates and providing requested information.

6. **Confidentiality**: It is crucial for the nurse to maintain patient confidentiality throughout the legal process, only disclosing information that is legally permitted or required.

Regarding the responsibility of a nurse compared to a doctor when both are involved in a patient's care, it is important to note that responsibility in legal terms is determined on a case-by-case basis. Both nurses and doctors have their own scopes of practice and are expected to adhere to the standards of care within their respective roles.

In a legal setting, each healthcare professional's actions are evaluated based on their job responsibilities, the level of care expected from a reasonably competent professional in their position, and the specific circumstances of the case. A nurse is not inherently more responsible than a doctor; rather, responsibility is assessed in relation to each individual's involvement in the patient's care and whether their actions or omissions contributed to the alleged harm.

If a nurse and a doctor are both named in a legal action, the court will consider the actions of each based on their respective duties and the expectations of their professional roles. The legal system aims to determine whether each party met the standard of care required and whether any breaches of that standard caused harm to the patient.

Question 3

You have been asked by a charge nurse on a medical-surgical unit to discuss the importance of the legal system for nurses. What are the important aspects regarding law and nursing that you will include in your presentation?

Answer 3

In my presentation on the importance of the legal system for nurses, I will cover several important aspects regarding law and nursing.

First and foremost, I will discuss how the legal system provides a framework for ethical and professional conduct for nurses. This includes understanding and adhering to laws and regulations related to patient care, documentation, and professional standards.

I will also emphasize the importance of understanding and following state and federal laws related to nursing practice, such as the Nurse Practice Act, which outlines the scope of practice and standards of care for nurses in each state.

Additionally, I will address the legal implications of negligence, malpractice, and patient rights, and how nurses can protect themselves and their patients by following proper protocols and documentation procedures.

Furthermore, I will highlight the role of the legal system in protecting the rights of nurses, such as whistleblower protections and workplace safety regulations.

Overall, my presentation will emphasize the crucial role of the legal system in providing a framework for ethical and professional nursing practice, as well as the importance of understanding and adhering to laws and regulations to ensure the highest quality of patient care and professional conduct.

Question 4

What are the differences between nursing disciplinary action by a board of nursing and legal ramifications set forth by state and federal laws?

Question 5

Are there differences in the responsibility related to informed consent for the nurse and physician? If so, what are the differences?

Question 6

Which document best describes the who, what, where, when, why, and how of nursing practice?

A) Professional Performance Standards
B) Scope of Nursing Practice
C) Standards of Professional Nursing Practice
D) Code of Ethics for Nurses
E) None of these is correct.

Question 7

A nurse is involved in a malpractice case. Which of the following is often used in court?

A) Accreditation standards
B) Manufacturer's instructions
C) Agency regulations
D) Expert testimony
E) All of these are correct.

Question 8

Which of the following is a subject for an expert nurse witness during court testimony?

A) The exact facts of the specific case
B) The standard of care for a patient in a similar circumstance
C) An interpretation of the facts in the case as compared to a similar experience
D) All of these are correct.
E) None of these is correct.

Question 9

A nurse fails to act as a reasonably prudent person would have acted in a specific situation by leaving the side rails down on an infant's crib on the pediatric unit. Which option best classifies this action?

A) Malpractice
B) Negligence
C) Abuse
D) Misconduct

Question 10

A nurse is the defendant in a malpractice lawsuit. Which of the following must be proven by the plaintiff in a successful malpractice case?

A) Foreseeability
B) Breach of the duty owed the patient
C) Injury or harm
D) All of these are correct.
E) None of these is correct.

Question 11

Which of the following is the primary obligation of all state board of nursing members?

A) To protect the safety of the public
B) To license nurses who graduate from accredited programs of nursing
C) To discipline nurses who make an error
D) All of these are correct.
E) None of these is correct.

Question 12

A nurse has a hearing date at the next state board meeting. What is the potential disciplinary action of the state board of nursing?

A) Denying a license
B) Placing restrictions on a license
C) Suspending or revoking a license
D) All of these are correct.
E) None of these is correct.

Question 13

An allegation against a nurse has been submitted to the state board of nursing for review. Which of the following is a common disciplinary category reviewed by boards of nursing?

A) Practice beyond the authorized scope
B) Patient abandonment
C) Destruction or alteration of patient records
D) Controlled substance violations
E) All of these are correct.

Question 14

A nurse working on a medical unit delegates some patient care tasks to unlicensed assistive personnel using the five rights of delegation as a guideline. Which of the following is included in the five rights of delegation?

A) The right assessment
B) The right circumstances
C) The right supervision and evaluation
D) The right assessment and the right circumstances
E) The right circumstances and the right supervision and evaluation

Question 15

A nurse is present with a patient during a physician's explanation of the planned surgical procedure and serves as a witness to the patient's signature on the consent form. Which of the following is a requirement for informed consent?

A) Consent must be voluntary.
B) Information must be communicated in terms that the patient can understand.
C) Family members should be fully informed.
D) Consent must be voluntary, and family members should be fully informed.
E) Consent must be voluntary, and information must be communicated in terms that the patient can understand.