Question 1

For a nursing malpractice action,essential characteristics of negligence must be present.Which of the following constitute these essential characteristics?

Accepted Answer

The essential characteristics of negligence include the assumption of responsibility for the patient's care (A), failure to meet the standard of care (B), causation showing that the harm was a result of the failure to meet the standard of care (C), and the occurrence of harm to the patient (D). Acts of commission (E) are not a necessary component to establish negligence, as negligence can also involve acts of omission.

Question 2

Which of the following is an important step in preventing legal action against the nurse?

Accepted Answer

Developing caring, therapeutic relationships with patients helps to prevent legal action because patients are less likely to sue healthcare providers whom they trust and have a positive relationship with. While it is important to avoid making mistakes, it is impossible to never make mistakes and this alone is not enough to prevent legal action. Deflecting blame from oneself is not ethical and can actually increase the likelihood of legal action. Avoiding explaining care procedures to patients can lead to communication breakdowns and patient misunderstandings, which can contribute to legal action.

Question 3

The quality of nursing care is judged by whether nursing actions meet the standard of care.Which of the following is an example of meeting the standard of care?

Accepted Answer

The answer of The quality of nursing care is judged...

Question 4

The Patient Self-Determination Act of 1991,as implemented today,is known as providing

Accepted Answer

The Patient Self-Determination Act of 1991 requires healthcare facilities to provide patients with information about their rights to make decisions about their medical care, including the right to participate in advance care planning and to prepare advance directives. Therefore, it is known for providing advance directives. Informed consent, patient bill of rights, and HIPAA protections are related but different concepts in healthcare law.

Question 5

The American Nurses Association (ANA)published a guide for state nurses associations seeking to revise their nurse practice acts.According the ANA,which of the following should be included in these revisions?

Accepted Answer

The ANA recommends that revisions to nurse practice acts include differentiation between advanced and generalist nursing practice, authority for boards of nursing to oversee unlicensed assistive personnel (UAP), authority for boards of nursing to regulate prescription writing by advanced practice nurses, and clarification of nurses' responsibility for delegating to LPN/LVNs. These elements are essential for ensuring that the scope of practice is clearly defined, that there is appropriate oversight of nursing and assistive personnel, and that there are guidelines for delegation and prescriptive authority.

Question 6

Which of the following chart entries represents a pitfall in documentation?

Accepted Answer

Using terms like "demanding" and "difficult to please" can be considered judgmental and subjective. It is important to stick to objective observations and avoid making assumptions or giving personal opinions about the patient's behavior.

Question 7

The central question in any charge of malpractice is whether the prevailing standard of care was met.Which of the following are considered part of the standard of nursing care?

Accepted Answer

The answer of The central question in any charge of...

Question 8

The nurse receives reports on the following patients at the beginning of the shift.Which of the following care activities could be delegated to a nursing assistant?

Accepted Answer

Nursing assistants can be delegated tasks that are considered routine care for stable patients. Ambulating a stable patient (A), assisting with bathing (B), and feeding a patient who has difficulty holding a spoon (C) are all within the scope of practice for a nursing assistant. Taking vital signs (D) is also a task commonly delegated to nursing assistants. However, measuring and assessing a pressure ulcer (E) requires clinical judgment and assessment skills, which are beyond the scope of practice for a nursing assistant and should be performed by a licensed nurse.

Question 9

Which of the following puts the nurse at increased risk for legal action?

Accepted Answer

Failing to assess a patient who is complaining of pain can result in legal action for neglect or malpractice. It is important for nurses to assess and address patients' complaints of pain in a timely manner to ensure that their needs are being met and to prevent complications. A Foley catheter insertion can be delegated to a LPN/LVN as long as the nurse is trained to perform the procedure and is supervising the LPN/LVN. Documenting a patient's exact words when complaining can actually be helpful in a legal case to show that the nurse was attentive to the patient's concerns. Caring for a postoperative patient with a pulmonary embolus while transferring to the chair is within the nurse's scope of practice and should not increase the risk for legal action if handled appropriately.

Quiz 6: Legal Aspects of Professional Nursing Practice