Deck 5: Legal Principles in Nursing

Question 1

Which example demonstrates a breach of confidentiality and a violation of the Health Insurance Portability and Accountability Act (HIPAA)of 1996?

A) Giving a report to the oncoming nurse in a conference room
B) Discussing a patient's diagnosis with the patient's health care provider
C) Providing patient information to the nursing assistant caring for the patient
D) Sharing a patient's diagnosis and prognosis with other nurses in the cafeteria

Answer 1

Sharing a patient's diagnosis and prognosis with other nurses in the cafeteria

Question 2

A nurse wants to follow nursing standards of care.Which document should the nurse follow?

A) National League for Nursing manuscript
B) World Health Organization guiding principles
C) Health care agency's written procedure manual
D) US Department of Health and Human Services guidelines

Answer 2

Health care agency's written procedure manual

Question 3

Which situation gives the patient cause to sue for malpractice due to injury or harm?

A) The patient developed an itchy rash after receiving a prescribed antibiotic.
B) The patient died after being struck in the head by an oxygen tank during an MRI.
C) The patient developed a sore throat after being intubated for emergency surgery.
D) The patient developed permanent joint deformity due to severe rheumatoid arthritis.

Answer 3

The patient died after being struck in the head by an oxygen tank during an MRI.

Question 4

The nurse is accused of stealing narcotic pain medications from patients.Which type of crime may the nurse be charged with?

A) Tort
B) Felony
C) Malpractice
D) Misdemeanor

Question 5

The patient undergoes surgery for a herniated disk and is paralyzed afterward.What must the patient prove to the court in order to win a malpractice lawsuit based on lack of informed consent?

A) The patient's paralysis was not due to the surgeon's technique.
B) The patient's signature on the consent form was witnessed by his nurse.
C) The surgeon performed a laminectomy but the patient consented to a fusion.
D) The surgeon performed a surgical procedure that was known to be high risk.

Question 6

Providing assistance to which victim would be covered under the state's Good Samaritan law?

A) The unit secretary at the hospital suffers an anaphylactic reaction after eating nuts as a morning snack.
B) A patient has a grand mal seizure in the hospital foyer when saying goodbye to his family.
C) A patient at the clinic where the nurse is working suffers a cardiac arrest after walking in the door.
D) Two people are badly hurt in a car accident on the nurse's way to work in the morning.

Question 7

Which organization will discipline the nurse for abandoning patients during an assigned shift?

A) The Joint Commission
B) The State Board of Nursing
C) The State Department of Health
D) The National League for Nursing

Question 8

The nurse is caring for a preoperative patient before hysterectomy surgery.The patient tells the nurse that she plans to have lots of children in the future and is glad that the surgery won't keep her from getting pregnant in the future.Which is the best action of the nurse?

A) Continue preparing the patient for the upcoming surgery.
B) Contact the operating room and cancel the patient's scheduled surgery.
C) Inform the surgeon so the patient can be provided with more information.
D) Explain to the patient that the surgery will make her unable to get pregnant.

Question 9

The nurse filled out an incident report after a patient fall but makes no mention of the incident report in her notes in the patient's chart.What is the reason for this?

A) The incident report includes the nurse's interpretations of what probably led the patient to get out of bed.
B) A copy of the incident report is filed in the patient's chart along with the nurse's notes about the fall.
C) The incident report is confidential and not intended to be used as evidence in a malpractice suit.
D) The nurse does not want to risk a malpractice lawsuit by mentioning the creation of an incident report.

Question 10

Which sentence is appropriate to write in an incident report for a patient who got out of bed and fell?

A) The patient probably urinated on the floor and slipped due to the wet floor.
B) The patient's nurse assistant always takes forever to answer patient call lights.
C) The patient never follows directions and always causes trouble for the nurses.
D) The patient was found lying on the floor with his urinal on the floor next to him.

Question 11

In which case might the patient be ordered by the court to receive treatment?

A) The patient has infectious TB and refuses to take the prescribed antibiotics.
B) The patient's mother refuses a vaccine for her child because he is allergic to it.
C) A Jehovah's Witness refuses a blood transfusion based on religious convictions.
D) A patient refuses treatment to slow the advancement of an inoperable brain tumor.

Question 12

The patient suffers a large hematoma at the site after arterial blood gases (ABGs)are drawn by the respiratory therapist.Which statement is appropriate to enter in the patient's chart?

A) Patient has a painful,raised 2-inch × 2-inch hematoma inside his right wrist after ABGs were drawn there.
B) The patient must have moved during the ABG draw because there is a huge bruise inside his wrist.
C) The respiratory therapist had a hard time getting the patient's ABGs drawn and caused bruising.
D) The respiratory therapist obviously didn't know what he was doing and traumatized the patient's wrist.

Question 13

What is the primary difference between negligence and malpractice?

A) Malpractice is intentional while negligence is unintended.
B) Malpractice is a felony while negligence is a misdemeanor.
C) Malpractice leads to more serious patient injury than negligence.
D) Malpractice is committed by a licensed professional while negligence is not.

Question 14

While at the grocery store,the nurse witnesses another shopper collapse near the checkout.The nurse performs CPR and the patient survives after being treated at the hospital.The patient later attempts to sue the nurse for malpractice because several ribs were broken as a result of chest compressions.Why will the patient's lawsuit be thrown out of court?

A) The patient should not have been at the grocery store with a history of heart disease.
B) The patient needed to disclose her history of heart disease to the nurse before she collapsed.
C) The patient's rib fractures occurred as a result of properly performed CPR by the nurse.
D) The nurse's personal liability insurance company decided to settle rather than face a jury.

Question 15

The nurse is frustrated with an agitated patient and tells him "Now stay in that bed or I will make you stay there!" Which tort has the nurse just committed?

A) Assault
B) Battery
C) Incursion
D) Onslaught

Question 16

The patient sued the hospital for malpractice after developing a postoperative DVT and PE.The nurse's notes did not state that TED hose and sequential compression devices (SCDs)were applied even though they were ordered.Why did the court rule in favor of the patient in the case?

A) DVT and PE can develop even if TED hose and SCDs are applied.
B) The patient was informed that DVT and PE are known surgical risks.
C) The nurse testified that SCDs and TED hose were applied as ordered.
D) The nurse failed to document that TED hose and SCDs were applied as ordered.

Question 17

The nurse is at the shopping mall when the sales clerk collapses in cardiac arrest.The nurse assists the victim and performs CPR until the paramedics arrive.Which action by the nurse could lead to a malpractice suit even though the state has a Good Samaritan law?

A) The nurse went to visit the victim in the hospital the following day.
B) The nurse accepted a small gift from the store in appreciation for her help.
C) The nurse sent a bill to the victim to request payment for services rendered.
D) The nurse provided both chest compressions and rescue breathing for the victim.

Question 18

The nurse is directed to take an unsafe patient assignment.What is the most appropriate first action of the nurse?

A) Contact the State Board of Nursing.
B) Contact the nursing supervisor on duty.
C) Contact the hospital administrator on call.
D) Refuse to accept the assignment and leave.

Question 19

Which description of the state Nurse Practice Act is correct?

A) It is a judicial decision.
B) It is a federal senate bill.
C) It is a statute enacted by state legislature.
D) It is a law enacted by the federal government.

Question 20

The nurse cuts an unconscious patient's long hair in order to wash and brush it.The patient wakes up and is very upset after seeing the short hair.Which tort did the nurse commit?

A) Battery
B) Assault
C) Slander
D) Negligence

Question 21

The nurse is caring for a patient who has a do-not-resuscitate order from the physician in the chart.The patient stops breathing and his skin turns blue.What is the best action of the nurse to avoid a lawsuit for malpractice or wrongful death?

A) Call the Rapid Response Team in case the patient's wife changes her mind.
B) Stay with the patient and offer support to the family members in the room.
C) Verify that the do-not-resuscitate order is signed by the physician and valid.
D) Review the nursing policy and procedure manual for resuscitation guidelines.

Question 22

Which situation will enable a nurse to use restraints?

A) To punish a patient
B) To ensure staff convenience
C) To ensure the patient's safety
D) To retaliate against poor behavior

Question 23

When is the nurse covered by the health care agency's malpractice insurance?

A) While caring for scouts at summer camp
B) When providing first aid at a car accident
C) While assisting a fellow passenger on a flight
D) While providing care to patients in the agency

Question 24

The nurse is caring for a patient who climbed out of bed and fell to the floor.What will the nurse do in regard to the incident report?

A) Include a recommendation for fall prevention interventions.
B) Note in the patient's chart that an incident report was completed.
C) Document how the patient was found and a description of the injuries.
D) Indicate that the nursing assistant wasn't paying attention to the patient.
E) Document fall prevention steps that were in place before the patient fell.

Question 25

Which information must be obtained from the patient upon admission to the hospital?

A) Patient's religious preference
B) Health insurance authorization
C) Presence of an advanced directive
D) Primary physician telephone number

Question 26

The home care nurse suspects that the patient's bedsores are due to neglect from family caregivers.Which is the appropriate action of the nurse?

A) Inform the caregivers that their actions are illegal.
B) Report it to the proper legal authority immediately.
C) Call the agency's security department to handle the problem.
D) Prevent the caregivers from being responsible for the patient's care.

Question 27

The nurse is caring for a patient who will have surgery.The nurse witnesses the patient sign the informed consent document,and then the nurse adds her signature as a witness.What does the nurse's signature on the document mean?

A) The patient signed the form,not someone else.
B) The patient accepts the potential risks of the procedure.
C) The patient fully understands the procedure to be performed.
D) The patient agrees with the surgeon's planned treatment approach.

Question 28

The nurse has received an order to administer warfarin 100 mg PO today to the patient.This amount seems high to the nurse.Which are the appropriate actions of the nurse?

A) Clarify the order with the physician.
B) Document suspicion about the order.
C) Notify the nursing supervisor on duty.
D) Administer the medication as ordered.
E) Question the pharmacist about the dosage.

Question 29

The nurse is caring for a patient who attempted to get out of bed and fell to the floor,causing a fractured hip.The nursing supervisor asks the nurse to rewrite her entry into the patient's chart to show that the patient's bed was lowered to the floor even though it was not.What is the best action of the nurse?

A) Chart that the bed was lowered to reduce liability in case a malpractice lawsuit is filed.
B) Ask the nursing assistant to chart that the patient's bed was lowered to the floor before the patient fell.
C) Ask the nursing assistant if the patient's bed was lowered to the floor at the time of the fall.
D) Remind the nursing supervisor that it is against regulations to alter or falsify the patient's chart.

Question 30

Which actions by the nurse violate the American Nurses Association's Social Media Policy?

A) The nurse posts a professional profile on LinkedIn.
B) The nurse describes a patient's injury on Facebook.
C) The nurse posts opinions about co-workers on Twitter.
D) The nurse writes a blog about the need for staffing ratios.
E) The nurse posts a picture of a patient's wound on Instagram.

Question 31

Which patient scenario allows the physician to perform needed procedures without the need to obtain informed consent first?

A) An unconscious patient is brought into the ER after an auto accident.
B) The patient speaks only Russian and requires the services of a translator.
C) The patient is deaf and communicates through sign language or lip reading.
D) The patient is not an American citizen and does not have any health insurance.