Deck 9: Nursing Law and Liability

Question 1

If the nurse is sued for negligence after the administration of an injection, which one of the following persons will most likely be asked to serve as an expert witness to describe standards of care?

A)An experienced nursing supervisor or instructor
B)A lawyer who has successfully defended another nurse sued for negligence
C)A judge who is considered to be an expert in the field of professional negligence
D)Another patient who had received an injection by the same nurse but without complications

Answer 1

An experienced nursing supervisor or instructor

Question 2

Which statement is most accurate regarding nursing students and the legal responsibilities they incur?

A)They do not need to have professional liability insurance.
B)They can perform any skill, even if they have not been taught that skill in nursing skills laboratory.
C)They are accountable for all actions they perform.
D)They practice on the license of their instructors.

Answer 2

They are accountable for all actions they perform.

Question 3

A nurse is accused of professional negligence. In determining if he or she is guilty or not, a jury would compare the nurse to what standard?

A)What a physician would have done in the same situation
B)What a well-educated layperson would have done in the same situation
C)What a reasonable and prudent nurse would have done in the same situation
D)What a lawyer would have done in the same situation

Answer 3

What a reasonable and prudent nurse would have done in the same situation

Question 4

Mr. Smith, a former client of the hospital, alleges that a surgical instrument was left inside his abdominal cavity after surgery. A radiograph reveals the presence of a hemostat in his abdomen. Under which legal principle will the client's lawyer most likely base his lawsuit?

A)Defense of the fact
B)Voir dire
C)Tort-feasor
D)In re ipsa

Question 5

The nurse working in an emergency room is of the opinion that to carry out a certain order written by a physician could possibly constitute unethical or illegal behavior. Which one of the following courses of action would be best for the nurse to take in this situation?

A)Carry out the order and then discuss it with the physician.
B)Carry out the order and then discuss it with the supervisor.
C)Do not carry out the order and report the situation to the physician.
D)Do not carry out the order and report the situation to the supervisor.

Question 6

What is the underlying legal concept that protects health-care professionals under the Good Samaritan Act?

A)Informed consent
B)Moral consent
C)Implied consent
D)Because it is the ethical thing to do

Question 7

Which type of tort may occur if a client is not allowed to leave the hospital after receiving emergency care until the bill is paid?

A)Assault
B)Battery
C)Invasion of privacy
D)False imprisonment

Question 8

Identify the best description of "battery" from the standpoint of civil law.

A)Doing something that a reasonable person with the same education or preparation would not do
B)A legal wrong committed by one person against the property of another
C)Application of force to the person of another person without lawful justification or permission
D)Maligning the character of an individual while threatening to do bodily harm

Question 9

In which situation would an emergency room nurse be justified in proceeding without obtaining consent, verbal or otherwise?

A)An unconscious, profusely bleeding victim is brought in by ambulance.
B)A 13-year-old child is brought to the emergency room after suffering a fractured arm while at school.
C)A construction worker comes into the emergency room to have a boil lanced.
D)A 15-year-old high-school girl comes in for treatment of psoriasis.

Question 10

What is the best definition of assault as a tort?

A)Application of force to another person without lawful justification
B)Threats to do bodily harm to the person of another person
C)A legal wrong committed by one person against the property of another
D)A legal wrong committed against the public and punishable by law

Question 11

The newborn nursery is desperately short of staff. A nurse agrees to work an extra shift. During the 14th hour on duty, the nurse makes a medication error. Because the nurse was filling a "desperate" staffing need and therefore was fatigued, what is the legal responsibility of the nurse?

A)The hospital accepts full responsibility for the negligent act.
B)The nurse is held to the same standard of care as any nurse with her education and experience.
C)No legal action can be brought against the nurse because it was an issue of extreme need.
D)The nurse's legal responsibilities are met if an incident report is filed.

Question 12

Which statement made by a nursing student about the term "tort" during a class about legal issues in health care indicates that the student requires additional instruction?

A)If the plaintiff wins, he will be awarded money.
B)Intentional torts can sometimes be considered crimes.
C)It is considered to be a violation of a personal right.
D)It is considered to be a legal wrong against the public.

Question 13

Clients' charts are considered legal documents that are of vital importance in the care of clients. Which of these statements should the nurse avoid charting?

A)The client does not keep follow-up appointments.
B)The client discontinues treatment.
C)The client refuses medication.
D)The nurse thinks the client is hostile.

Question 14

Under which category are nursing licensure laws included?

A)Criminal laws
B)Contract laws
C)Federal laws
D)Civil laws

Question 15

In which situation is the nurse allowed to breech a client's right of confidentiality?

A)A local politician is admitted after an automobile accident in which he was inebriated.
B)An 18-year-old unwed teenager seeks an abortion at an abortion clinic.
C)A 32-year-old housewife comes to the emergency room for care after being raped in a parking lot.
D)An important member of the business community is treated for cuts and bruises after a fight with his neighbor.

Question 16

An 18-month-old infant is brought into the emergency room with several recent cigarette burns on his chest and legs. He cannot move his left arm, which is edematous. What is the nurse's legal responsibility in this case?

A)Do nothing immediately but plan to check the child carefully if it occurs again.
B)Notify the attending physician or the emergency room supervisor.
C)Tell the mother that he or she suspects abuse and chastise her about her actions.
D)Since the nurse only has suspicions, remember that an individual is innocent until proven guilty.

Question 17

In which situation might the tort of "invasion of privacy" most likely exist?

A)Notifying the police of Mr.Jones's gunshot wound
B)Discussing Mrs.Green's surgery in the hospital cafeteria
C)Calling the police concerning an obvious child abuse case
D)Notifying the public health department concerning Mr.Smith's diagnosis of gonorrhea

Question 18

How can the legal term "tort" best be defined?

A)It is a violation of the criminal law.
B)If proven guilty, the defendant will go to prison.
C)It is a violation of the civil law.
D)It is something that is good to have for breakfast.

Question 19

A nurse tells several friends and coworkers that a client, who is also a physician, is unsafe for medical practice because he is paralyzed from the waist down and acts "slightly silly." What type of tort does the nurse's action represent?

A)Libel
B)Fraud
C)Slander
D)Malpractice

Question 20

Identify the situation in which a nurse would likely be charged with negligence.

A)Slapping a client across the face for using foul language
B)Leaving the side rails down on a bed of a confused client
C)Using restraints on a client without a doctor's order
D)Telling the local newspaper of a client's diagnosis

Question 21

When someone is accused of violating a ____________________, the government at the county, city, state, or federal level imposes appropriate punishments.Multiple Response
Identify one or more choices that best complete the statement or answer the question.

Question 22

Based on accepted standards of care for documentation, identify all the elements that nurses should include in clients' medical records.

A) Blank spaces between the lines for late entries
B) Date and time on all entries
C) Opinions about the client's behaviors
D) Statements about the physician's attitude toward the nurses
E) Direct observations
F) Quotes of statements made by clients and families

Question 23

Ms. Jones, RN, is the night charge nurse on your unit. She has come to work obviously drunk. What would your legal obligations be as a professional nurse?

A)Ignore her condition out of professional etiquette.
B)Have a second person validate your observation.
C)Give her several cups of strong coffee to sober her up.
D)Have her "sleep it off" in an empty room and cover for her.

Question 24

What is another term that can be used for professional negligence?

A)Crime
B)Consent
C)Misdemeanor
D)Malpractice

Question 25

Select all the items from the list below that are considered appropriate when giving a deposition.

A) Be familiar with the client's medical record.
B) Volunteer additional information so the statement is complete
C) Look the questioning lawyer in the eye as much as possible.
D) Avoid using absolutes in the solve to questions.
E) Speculate about what really happened.
F) Clarify all questions before solve.

Question 26

Identify the primary role that the SBAR system (Situation-Background-Assessment-Recommendation) plays in the clinical setting.

A)Establishes the physician as the primary and sole source of authority during codes
B)Reduces confusion in the communication between nurse and physician in emergencies
C)Aids nurses in independent practice when necessary
D)Reduces the number of lawsuits associated with the care of critically ill clients