Ch. 1 Guidelines, Standards, Legal Flashcards

1
Q

A nurse is caring for a client who decides not to have surgery despite significant blockages of the coronary arteries. The nurse understands that this client’s choice is an example of which of the following ethical principles?

A. Fidelity
B. Autonomy
C. Justice
D. Nonmaleficence

A

B. CORRECT: In this situation, the client is exercising their right to make their own personal decision about surgery, regardless of others’ opinions of what is “best” for them. This is an example of autonomy.

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2
Q

A nurse offers pain medication to a client who is postoperative prior to ambulation. The nurse understands that this aspect of care delivery is an example of which of the following ethical principles?

A. Fidelity
B. Autonomy
C. Justice
D. Beneficence

A

D. CORRECT: Beneficence is action that promotes good for others, without any self‑interest. By administering pain medication before the client attempts a potentially painful exercise like ambulation, the nurse is taking a specific and positive action to help the client.

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3
Q

A nurse is instructing a group of newly licensed nurses about the responsibilities organ donation and procurement involve. When the nurse explains that all clients waiting for a kidney transplant have to meet the same qualifications, the newly licensed nurses should understand that this aspect of care delivery is an example of which of the following ethical principles?

A. Fidelity
B. Autonomy
C. Justice
D. Nonmaleficence

A

C. CORRECT: Justice is fairness in care delivery and in the use of resources. By applying the same qualifications to all potential kidney transplant recipients, organ procurement
organizations demonstrate this ethical principle in determining the allocation of these scarce resources.

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4
Q

A nurse questions a medication prescription
as too extreme in light of the client’s advanced age and unstable status. The nurse
understands that this action is an example of
which of the following ethical principles?

A. Fidelity
B. Autonomy
C. Justice
D. Nonmaleficence

A

D. CORRECT: Nonmaleficence is a commitment to do no harm. In this situation, administering the medication could harm the client. By questioning it, the nurse is demonstrating this ethical principle.

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5
Q

A nurse is instructing a group of newly licensed nurses about how to know and what to expect when ethical dilemmas arise. Which of the following situations should the newly licensed nurses identify as an ethical dilemma?

A. A nurse on a medical‑surgical unit
demonstrates signs of chemical impairment.
B. A nurse overhears another nurse telling an
older adult client that if he doesn’t stay in
bed, she will have to apply restraints.
C. A family has conflicting feelings about
the initiation of enteral tube feedings
for their father, who is terminally ill.
D. A client who is terminally ill hesitates to name theirpartner on their durable power of attorney form.

A

C. CORRECT: Making the decision about initiating enteral tube feedings is an example of an ethical dilemma. A review of scientific data cannot resolve the issue, and it is not easy to resolve. The decision will have a
profound effect on the situation and on the client.

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6
Q

A nurse observes an assistive personnel (AP)
reprimanding a client for not using the urinal
properly. The AP tells the client that diapers will be used next time the urinal is used improperly. Which of the following torts is the AP committing?

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

A

A. CORRECT: By threatening the client, the AP is committing assault. The AP’s threats could make the client become fearful and apprehensive.

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7
Q

A nurse is caring for a competent adult client who tells the nurse, “I am leaving the hospital this morning whether the doctor discharges me or not.” The nurse believes that this is not in the client’s best interest, and prepares to administer a PRN sedative medication the client has not requested along with the scheduled morning medication. Which of the
following types of tort is the nurse about to commit?

A. Assault
B. False imprisonment
C. Negligence
D. Breach of confidentiality

A

B. CORRECT: Administering a medication as a chemical restraint to keep the client from leaving the facility against medical advice is false imprisonment, because the client neither requested nor consented to receiving the sedative.

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8
Q

A nurse in a surgeon’s office is providing preoperative teaching for a client who is scheduled for surgery the following week. The client tells the nurse that “I plan to prepare my advance directives before I come to the hospital.” Which of the following statements made by the client should indicate to the nurse an understanding of advance directives?

A. “I’d rather have my brother make decisions for me, but I know it has to be my wife.”
B. “I know they won’t go ahead with the surgery unless I prepare these forms.”
C. “I plan to write that I don’t want them to keep me on a breathing machine.”
D. “I will get my regular doctor to approve my plan before I hand it in at the hospital.”

A

C. CORRECT: The client has the right to decide and specify which medical procedures he wants when a life‑threatening situation arises.

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9
Q

A nurse is caring for a client who is about to undergo an elective surgical procedure. The nurse should take which of the following actions regarding informed consent? (Select all that apply.)

A. Make sure the surgeon obtained the client’s consent.
B. Witness the client’s signature on the consent form.
C. Explain the risks and benefits of the procedure.
D. Describe the consequences of choosing not to have the surgery.
E. Tell the client about alternatives to having the surgery.

A

A. CORRECT: It is the nurse’s responsibility to verify that the surgeon obtained the client’s consent and that the client understands the information the surgeon gave them.

B. CORRECT: It is the nurse’s responsibility to witness the client’s signing of the consent form, and to verify that they are consenting voluntarily and appear to be competent
to do so. The nurse also should verify that the client understands the information the surgeon has provided.

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10
Q

A nurse has noticed several occasions in the past week when another nurse on the unit seemed drowsy and unable to focus on the issue at hand. Today, the nurse was found asleep in a chair in the break room not during a break time. Which of the following actions should the nurse take?

A. Alert the American Nurses Association.
B. Fill out an incident report.
C. Report the observations to the
nurse manager on the unit.
D. Leave the nurse alone to sleep.

A

C. CORRECT: Any nurse who notices behavior that could jeopardize client care or could indicate a substance use disorder has a duty to report the situation immediately to the nurse manager.

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11
Q

A nurse caring for patients in the intensive care unit develops values from experience to form a personal code of ethics. Which statements best describe this process? Select all that apply.

A) People are born with values.
B) Values act as standards to guide behavior.
C) Values are ranked on a continuum of importance.
D) Values influence beliefs about health and illness.
E) Value systems are not related to personal codes of conduct.
F) Nurses should not let their values influence patient care.

A

b, c, d.
A value is a belief about the worth of something, about what matters, which acts as a standard to guide one’s behavior. A value system is an organization of values in which each is ranked along a continuum of importance, often leading to a personal code of conduct. A person’s values influence beliefs about human needs, health, and illness; the practice of health behaviors; and human responses to illness. Values guide the practice of nursing care. An individual is not born with values; rather, values are formed during a lifetime from information from the environment, family, and culture.

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12
Q

A pediatric nurse is assessing a 5-year-old boy who has dietary modifications related to his diabetes. His parents tell the nurse that they want him to value good nutritional habits, so they decide to deprive him of a favorite TV program when he becomes angry after they deny him foods not on his diet. This is an example of what mode of value transmission?

A) Modeling
B) Moralizing
C) Laissez-faire
D) Rewarding and punishing

A

d.
When rewarding and punishing are used to transmit values, children are rewarded for demonstrating values held by parents and punished for demonstrating unacceptable values. Through modeling, children learn what is of high or low value by observing parents, peers, and significant others. Children whose caregivers use the moralizing mode of value transmission are taught a complete value system by parents or an institution (e.g., church or school) that allows little opportunity for them to weigh different values. Those who use the laissez-faire approach to value transmission leave children to explore values on their own (no single set of values is presented as best for all) and to develop a personal value system.

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13
Q

A nurse who is working in a hospital setting uses value clarification to help understand the values that motivate patient behavior. Which examples denote “prizing” in the process of values clarification? Select all that apply.

A) A patient decides to quit smoking following a diagnosis of lung cancer.
B) A patient shows off a new outfit that she is wearing after losing 20 pounds.
C) A patient chooses to work fewer hours following a stress-related myocardial infarction.
D) A patient incorporates a new low-cholesterol diet into his daily routine.
E) A patient joins a gym and schedules classes throughout the year.
F) A patient proudly displays his certificate for completing a marathon.

A

b, f.
Prizing something one values involves pride, happiness, and public affirmation, such as losing weight or running a marathon. When choosing, one chooses freely from alternatives after careful consideration of the consequences of each alternative, such as quitting smoking and working fewer hours. Finally, the person who values something acts on the value by combining choice and behavior with consistency and regularity, such as joining a gym for the year and following a low-cholesterol diet faithfully.

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14
Q

A nurse incorporates the “five values that epitomize the caring professional nurse” (identified by the American Association of Colleges of Nursing) into a home health care nursing practice. Which attribute is best described as acting in accordance with an appropriate code of ethics and accepted standards of practice?

A) Altruism
B) Autonomy
C) Human dignity
D) Integrity

A

d.
The American Association of Colleges of Nursing defines integrity as acting in accordance with an appropriate code of ethics and accepted standards of practice. Altruism is a concern for the welfare and well-being of others. Autonomy is the right to self-determination, and human dignity is respect for the inherent worth and uniqueness of individuals and populations.

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15
Q

A nurse caring for patients in an institutional setting expresses a commitment to social justice. What action best exemplifies this attribute?

A) Providing honest information to patients and the public
B) Promoting universal access to health care
C) Planning care in partnership with patients
D) Documenting care accurately and honestly

A

b.
The American Association of Colleges of Nursing lists promoting universal access to health care as an example of social justice. Providing honest information and documenting care accurately and honestly are examples of integrity, and planning care in partnership with patients is an example of autonomy.

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16
Q

An older nurse asks a younger coworker why the new generation of nurses just aren’t ethical anymore. Which reply reflects the BEST understanding of moral development?

A) “Behaving ethically develops gradually from childhood; maybe my generation doesn’t value this enough to develop an ethical code.”
B) “I don’t agree that nurses were more ethical in the past. It’s a new age and the ethics are new!”
C) “Ethics is genetically determined…it’s like having blue or brown eyes. Maybe we’re evolving out of the ethical sense your generation had.”
D) “I agree! It’s impossible to be ethical when working in a practice setting like this!”

A

a.
The ability to be ethical, to make decisions, and to act in an ethically justified manner begins in childhood and develops gradually.

17
Q

A home health nurse performs a careful safety assessment of the home of a frail older adult to prevent harm to the patient. The nurse’s action reflects which principle of bioethics?

A) Autonomy
B) Beneficence
C) Justice
D) Fidelity
E) Nonmaleficence

A

e.
Nonmaleficence is defined as the obligation to prevent harm. Autonomy is respect for another’s right to make decisions, beneficence obligates us to benefit the patient, justice obligates us to act fairly, and fidelity obligates us to keep our promises.

18
Q

A hospice nurse is caring for a patient with end-stage cancer. What action demonstrates this nurse’s commitment to the principle of autonomy?

A) The nurse helps the patient prepare a durable power of attorney document.
B) The nurse gives the patient undivided attention when listening to concerns.
C) The nurse keeps a promise to provide a counselor for the patient.
D) The nurse competently administers pain medication to the patient.

A

a.
The principle of autonomy obligates nurses to provide the information and support patients and their surrogates need to make decisions that advance their interests. Acting with justice means giving each person his or her due, acting with fidelity involves keeping promises to patients, and acting with nonmaleficence means avoiding doing harm to patients.

19
Q

A nurse wants to call an ethics consult to clarify treatment goals for a patient no longer able to speak for himself. The nurse believes his dying is being prolonged painfully. The patient’s doctor threatens the nurse with firing if the nurse raises questions about the patient’s care or calls the consult. What ethical conflict is this nurse experiencing?

A) Ethical uncertainty
B) Ethical distress
C) Ethical dilemma
D) Ethical residue

A

b.
Ethical distress results from knowing the right thing to do but finding it almost impossible to execute because of institutional or other constraints (in this case, the nurse fears the loss of job). Ethical uncertainty results from feeling troubled by a situation but not knowing if it is an ethical problem. Ethical dilemmas occur when the principles of bioethics justify two or more conflicting courses of action. Ethical residue is what nurses experience when they seriously compromise themselves or allow themselves to be compromised.

20
Q

A student nurse begins a clinical rotation in a long-term care facility and quickly realizes that certain residents have unmet needs. The student wants to advocate for these residents. Which statements accurately describe this concept? Select all that apply.

A) Advocacy is the protection and support of another’s rights.
B) Patient advocacy is primarily performed by nurses.
C) Patients with special advocacy needs include the very young and the older adult, those who are seriously ill, and those with disabilities.
D) Nurse advocates make good health care decisions for patients and residents.
E) Nurse advocates do whatever patients and residents want.
F) Effective advocacy may entail becoming politically active.

A

a, c, f.
Advocacy is the protection and support of another’s rights. Among the patients with special advocacy needs are the very young and the older adult, those who are seriously ill, and those with disabilities; this is not a comprehensive list. Effective advocacy may entail becoming politically active. Patient advocacy is the responsibility of every member of the professional caregiving team—not just nurses. Nurse advocates do not make health care decisions for their patients and residents. Instead, they facilitate patient decision making. Advocacy does not entail supporting patients in all their preferences.

21
Q

A state attorney decides to charge a nurse with manslaughter for allegedly administering a lethal medication. This is an example of what type of law?

A) Public law
B) Private law
C) Civil law
D) Criminal law

A

d.
Criminal law concerns state and federal criminal statutes, which define criminal actions such as murder, manslaughter, criminal negligence, theft, and illegal possession of drugs. Public law regulates relationships between people and the government. Private or civil law includes laws relating to contracts, ownership of property, and the practice of nursing, medicine, pharmacy, and dentistry.

22
Q

Newly hired nurses in a busy suburban hospital are required to read the state nurse practice act as part of their training. Which topics are covered by this act? Select all that apply.

A) Violations that may result in disciplinary action
B) Clinical procedures
C) Medication administration
D) Scope of practice
E) Delegation policies
F) Medicare reimbursement

A

a, d.
Each state has a nurse practice act that protects the public by broadly defining the legal scope of nursing practice. Practicing beyond those limits makes nurses vulnerable to charges of violating the state nurse practice act. Nurse practice acts also list the violations that can result in disciplinary actions against nurses. Clinical procedures are covered by the health care institutions themselves. Medication administration and delegation are topics covered by the board of nursing. Laws governing Medicare reimbursement are enacted through federal legislation.

23
Q

A nurse in a NICU fails to monitor a premature newborn according to the protocols in place, and is charged with malpractice. What is the term for those bringing the charges against the nurse?

A) Appellates
B) Defendants
C) Plaintiffs
D) Attorneys

A

c.
The person or government bringing suit against another is called the plaintiff. Appellates are courts of law, defendants are the ones being accused of a crime or tort, and attorneys are the lawyers representing both the plaintiff and defendant.

24
Q

A nurse pleads guilty to a misdemeanor negligence charge for failing to monitor a patient’s vital signs during routine eye surgery, leading to the death of the patient. The nurse’s attorney explained in court that the nurse was granted recognition in a specialty area of nursing. What is the term for this type of credential?

A) Accreditation
B) Licensure
C) Certification
D) Board approval

A

c.
Certification is the process by which a person who has met certain criteria established by a nongovernmental association is granted recognition in a specified practice area. Nursing is one of the groups operating under state laws that promote the general welfare by determining minimum standards of education through accreditation of schools of nursing. Licensure is a legal document that permits a person to offer to the public skills and knowledge in a particular jurisdiction, where such practice would otherwise be unlawful without a license. State board of approval ensures that nurses have received the proper training to practice nursing.

25
Q

Review of a patient’s record revealed that no one obtained informed consent for the heart surgery that was performed on the patient. Which intentional tort has been committed?

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

A

b.
Assault is a threat or an attempt to make bodily contact with another person without that person’s consent. Battery is an assault that is carried out. Every person is granted freedom from bodily contact by another person unless consent is granted. The Fourth Amendment gives citizens the right of privacy and the right to be left alone; a nurse who disregards these rights is guilty of invasion of privacy. Unjustified retention or prevention of the movement of another person without proper consent can constitute false imprisonment.

26
Q

A veteran nurse, pleaded guilty to a misdemeanor negligence charge in the case of a 75-year-old woman who died after slipping into a coma during routine outpatient hernia surgery. The nurse admitted failing to monitor the woman’s vital signs during the procedure. The surgeon who performed the procedure called the nurse’s action pure negligence, stating that the patient could have been saved. The patient was a vibrant grandmother of 10 who had walked three quarters of a mile the morning of her surgery and had sung in her church choir the day before. What criteria must be established to prove that the nurse is guilty of malpractice or negligence in this case?

A) The surgeon who performed the procedure called the nurse’s action pure negligence, saying that the patient could have been saved.
B) The fact that this patient should not have died since she was a healthy grandmother of 10, who was physically active and involved in her community.
C) The nurse intended to harm the patient and was willfully negligent, as evidenced by the tragic outcome of routine hernia surgery.
D) The nurse had a duty to monitor the patient’s vital signs, and due to the nurse’s failure to perform this duty in this circumstance, the patient died.

A

d.
Liability involves four elements that must be established to prove that malpractice or negligence has occurred: duty, breach of duty, causation, and damages. Duty refers to an obligation to use due care (what a reasonably prudent nurse would do) and is defined by the standard of care appropriate for the nurse–patient relationship. Breach of duty is the failure to meet the standard of care. Causation, the most difficult element of liability to prove, shows that the failure to meet the standard of care (breach) actually caused the injury. Damages are the actual harm or injury resulting to the patient.

27
Q

An attorney is representing a patient’s family who is suing a nurse for wrongful death. The attorney calls the nurse and asks to talk about the case to obtain a better understanding of the nurse’s actions. How should the nurse respond?

A) “I’m sorry, but I can’t talk with you; you will have to contact my attorney.”
B) “I will answer your questions so you’ll understand how the situation occurred.
C) “I hope I won’t be blamed for the death because it was so busy that day.”
D) “First tell me why you are doing this to me. This could ruin my career!”

A

a.
The nurse should not discuss the case with anyone at the facility (with the exception of the risk manager), with the plaintiff, with the plaintiff’s lawyer, with anyone testifying for the plaintiff, or with reporters. This is one of the cardinal rules for nurse defendants.

28
Q

A nurse administers the wrong medication to a patient and the patient is harmed. The health care provider who ordered the medication did not read the documentation that the patient was allergic to the drug. Which statement is true regarding liability for the administration of the wrong medication?

A) The nurse is not responsible, because the nurse was following the doctor’s orders.
B) Only the nurse is responsible, because the nurse actually administered the medication.
C) Only the health care provider is responsible, because the health care provider actually ordered the drug.
D) Both the nurse and the health care provider are responsible for their respective actions.

A

d.
Nurses are legally responsible for carrying out the orders of the health care provider in charge of a patient unless an order would lead a reasonable person to anticipate injury if it was carried out. If the nurse should have anticipated injury and did not, both the prescribing health care provider and the administering nurse are responsible for the harms to which they contributed.

29
Q

A nurse answers a patient’s call light and finds the patient on the floor by the bathroom door. After calling for assistance and examining the patient for injury, the nurse helps the patient back to bed and then fills out an incident report. Which statements accurately describe steps of this procedure and why it is performed? Select all that apply.

A) An incident report is used as disciplinary action against staff members.
B) An incident report is used as a means of identifying risks.
C) An incident report is used for quality control.
D) The facility manager completes the incident report.
E) An incident report makes facts available in case litigation occurs.
F) Filing of an incident report should be documented in the patient record.

A

b, c, e.
Incident reports are used for quality improvement and should not be used for disciplinary action against staff members. They are a means of identifying risks and are filled out by the nurse responsible for the injured party. An incident report makes facts available in case litigation occurs; in some states, incident reports may be used in court as evidence. A health care provider completes the incident form with documentation of the medical examination of the patient, employee, or visitor with an actual or potential injury. Documentation in the patient record should not include the fact that an incident report was filed.

30
Q

A nursing student asks the charge nurse about legal liability when performing clinical practice. Which statement regarding liability is true?

A) Students are not responsible for their acts of negligence resulting in patient injury.
B) Student nurses are held to the same standard of care that would be used to evaluate the actions of a registered nurse.
C) Hospitals are exempt from liability for student negligence if the student nurse is properly supervised by an instructor.
D) Most nursing programs carry group professional liability making student personal professional liability insurance unnecessary.

A

b.
Student nurses are held to the same standard of care that would be used to evaluate the actions of a registered nurse. Student nurses are responsible for their own acts of negligence if these result in patient injury. A hospital may also be held liable for the negligence of a student nurse enrolled in a hospital-controlled program because the student is considered an employee of the hospital. Nursing instructors may share responsibility for damages in the event of patient injury if an assignment called for clinical skills beyond a student’s competency or the instructor failed to provide reasonable and prudent clinical supervision. Most nursing programs require students to carry personal professional liability insurance.

31
Q

Scope of Practice

A

Defines those duties that a nurse is considered competent to carry out and authorized to perform as defined by state law

32
Q

Standards of Professional Performance

A

Define competent behavior of all registered nurses where care is provided in an ethical manner with respect for cultural diversity

33
Q

Nurse Practice Act

A

Current laws and regulations governing nursing practice in every state and territory

34
Q

Nurse Licensure Compact

A

An agreement that allows nurses to practice in other NLC states without having to obtain additional licenses

35
Q

Six ethical principles of nursing

A

Autonomy
Beneficence
Nonmalficence
Veracity
Fidelity
Justice

36
Q

Five professional values of nursing

A

Altruism
Human dignity
Integrity
Autonomy
Social Justice

37
Q

Two types of unintentional Torts

A

Malpractice and negligence

38
Q

Types of intentional Torts

A

Privacy
Defamation
Assault
Battery