Question 1

Which statement best describes the definition of assault?

Accepted Answer

Assault occurs if the patient fears harmful or offensive touching.Battery is defined as an intentional act that brings about harm or offensive contact with the patient.

Question 2

What is negligence called when it applies to an individual who is a professional?

Accepted Answer

Whereas negligence claims may apply to anyone,malpractice requires the alleged wrongdoer to have special standing as a professional.If a nurse caring for acutely and critically ill patients is accused of failing to act in a manner consistent with the standard of care,that nurse is subject to liability for professional malpractice (negligence applied to a professional).

Question 3

On the way to surgery,a patient expresses doubt about proceeding with the planned procedure.The patient states that the doctor did not explain it very well and she would like to talk to her again before starting the procedure.The nurse knows the surgery schedule is very tight,reassures the patient that everything will be all right,and administers the preoperative sedation.This scenario describes what possible type of negligence?

Accepted Answer

The nurse has a duty to act as a patient advocate,in this case by holding the preoperative sedation until the doctor and the patient can speak and the patient is satisfied that she has the necessary information to make this decision.

Question 4

After admission a patient shares with the nurse a concern that her adult children will not be able to reach agreement on what to do if she is no longer able to make decisions for herself.The nurse informs the patient that it is possible to grant authority to one person to make decision through which mechanism?

Accepted Answer

A durable power of attorney for health care includes legally binding documents that allow individuals to specify a variety of preferences,particular treatments he or she wants to avoid,and circumstances in which he or she wishes to avoid them.The durable power of attorney for health care is a directive through which a patient designates an "agent," someone who will make decisions for the patient if the patient becomes unable to do so.A living will specifies that if certain circumstances occur,such as terminal illness,the patient will decline specific treatments,such as cardiopulmonary resuscitation and mechanical ventilation.

Question 5

Which situation would be considered a failure of proper implementation?

Accepted Answer

Nurses caring for acutely and critically ill patients are required not only to take appropriate action but also to accurately document their findings,interventions performed,and patients' response to those interventions.Failure to thoroughly and accurately document any aspect of care gives rise to negligence causes of action.

Question 6

A patient is admitted with chest pain,and his electrocardiogram shows elevated ST segments.The nurse bases her plan of care on the nursing diagnosis of pneumonia.What type of negligence may be present?

Accepted Answer

Basing nursing care on an erroneous diagnosis is a failure in planning.Standards of care include assessment,the collection of relevant data pertinent to the patient's health or situation; diagnosis,analysis of the assessment data in determining diagnosis and care issues; implementation,coordinating care delivery and plan and using strategies to promote health and a safe environment; and evaluation,evaluation of the progress of the patient toward attaining outcomes.

Question 7

Why is restraining a competent patient against his or her wishes considered an intentional tort?

Accepted Answer

Assault and battery are examples of intentional torts that are frequently brought against health care providers.Battery occurs if the health care professional actually touches the patient in an unauthorized manner.The act of restraining a patient without consent is battery.

Question 8

What is the legal standard of care for a nurse's actions?

Accepted Answer

The legal standard of care for nurses is established by expert testimony and is generally "the care that an ordinarily prudent nurse would perform under the same circumstances."

Question 9

Two nurses are talking about a patient's condition in the cafeteria.In doing so,these nurses could be accused of what?

Accepted Answer

Nurses have a duty to preserve patient privacy,and failure to do so is a breach of patient confidentiality and failure to preserve patient privacy.Nurses should also refrain from having discussions about specific patients with anyone except other health care professionals involved in the care of the patient.When discussing specific patients with other health care professionals,it is imperative that patient-specific discussions occur in non-public settings.Discussions about specific patients are never appropriate in public areas such as elevators,cafeterias,gift shops,and parking lots.

Question 10

The ability to practice as a licensed professional nurse is a privilege granted by what entity?

Accepted Answer

The very ability to practice as a licensed professional nurse is a privilege granted by the state and is a function of each state's authority to promote and protect the health and welfare of its citizens.State boards of nursing (BON)are administrative bodies created by-and that operate under-state statutes,or more generally written state laws created by state legislatures and signed by the governor.In turn,the BONs develop more specific rules (or regulations)for obtaining and maintaining licensure.

Question 11

A nurse fails to recognize an intubated patient's need for suctioning.The endotracheal tube becomes clogged,and the patient has a respiratory arrest.What type of negligence may be present?

Accepted Answer

Nurses have a duty to assess and analyze the care required by each patient they care for.Failure to do so puts the nurse at risk for negligence related to failure to assess the patient's needs.

Question 12

In which situation did the nurse disregard the patient's right to privacy?

Accepted Answer

Telling a visitor of the patient's HIV status violated the patient's right to privacy.The nurse could have ensured the visitor's safety by providing gloves and explaining universal precautions.

Question 13

What is the best action a nurse could take to prevent allegations of malpractice?

Accepted Answer

Maintaining standards of practice is the best way to reduce risk.The hallmark of risk reduction is knowledge of the professional standards of care,delivery and documentation of that care,and consistent demonstration that the standards are met.Nurses caring for acutely and critically ill patients may be alleged to have acted in a manner that is inconsistent with standards of care or standards of professional practice and may find themselves involved in civil litigation that focuses in whole or in part on the alleged failure.

Question 14

Which statement is accurate regarding a nurse's job description?

Accepted Answer

Although job descriptions can be institution specific,they should be reflective of the national and community standards of care.Job descriptions are based on professional accountability as outlined by state boards of nursing and standards of practice.

Question 15

During transport to the operating room for mitral valve replacement,a patient with a signed consent form says that she does not want to go through with the surgery and asks to be returned to her room.What is the best response from the nurse?

Accepted Answer

The patient has the right to withdraw consent at any time.The nurse must listen and then clarify whether that is really what the patient desires.If it is,the surgeon should then be notified.

Question 16

A patient is getting heparin by intravenous infusion.The nurse received an order to increase the heparin infusion rate and obtain a partial thromboplastin time (PTT)in 1 hour.The PTT was drawn correctly and revealed a critically elevated level.The nurse was busy with another patient and failed to report the critical result to the physician within 30 minutes according to the facility's policy.Subsequently,the patient sustained a massive intracerebral bleed.What type of negligence may be present?

Accepted Answer

Failure to communicate and document patient findings in a timely manner is a form of failure to implement appropriate action.

Question 17

While participating in rounds,a nurse is interrupted by the wife of a ventilated patient,who informs the nurse that her husband is having difficulty breathing.The patient is found to be disconnected from the ventilator and unresponsive when the nurse enters the room after rounds.The alarm mode on the ventilator had been turned off.This situation an example of what legal situation?

Accepted Answer

All four elements of negligence are present: duty and standard of care,breach of duty,causation,and injury.If a nurse caring for acutely and critically ill patients is accused of failing to act in a manner consistent with the standard of care,that nurse is subject to liability for professional malpractice (negligence applied to a professional).Assault occurs if the patient fears harmful or offensive touching.Battery is any intentional act that brings about actual harmful or offensive contact with the plaintiff.

Question 18

What is an injury resulting from the failure to meet an ordinary duty called?

Accepted Answer

Injury resulting from the failure to meet an ordinary duty or standard of care is negligence.Malpractice is a specialized form of negligence.Assault and battery are examples of intentional acts.

Question 19

What element of malpractice is based on the existence of a nurse-patient relationship?

Accepted Answer

Duty to the injured party is the first element of a malpractice case and is premised on the existence of a nurse-patient relationship.Breach is failure to act consistently within applicable standards of care.Harm caused by the breach occurs when the patient sustained injuries because of the breach of duty.Damages are derived from the harm or injury sustained by the acutely or critically ill patient and are calculated as a dollar amount.

Question 20

A night nurse is notified by the laboratory that the patient has a critical magnesium level of 1.1 mEq/L.The patient has a do-not-resuscitate order.The nurse does not notify the practitioner because of the patient's code status.In doing so,the nurse is negligent for what?

Accepted Answer

Nurses caring for acutely and critically ill patients must appropriately notify physicians of situations warranting treatment actions.Furthermore,the full no-code,do-not-resuscitate order does not exclude this patient from receiving treatment to correct the critical laboratory value.Failure to take appropriate action in cases involving acutely and critically ill patients has included not only physician-notification issues but also failure to follow physician orders,failure to properly treat,and failure to appropriately administer medication.

Quiz 3: Legal Issues