Ch 7: Legal Dimensions of Nursing Practice

Question 1

Intentional Torts Examples

Answer 1

assault and battery, defamation of character, invasion of privacy, false imprisonment, fraud

Question 2

Unintentional Torts Examples

Answer 2

negligence, malpractice, elements of liability, standards of care

Question 3

Credentialing

Answer 3

the way professional competence is ensured and maintained

Question 4

Licensure

Answer 4

met minimum requirements for the government

Question 5

Certification

Answer 5

non-government association grants recognition

Question 6

Incident Reports

Answer 6

AKA variance or occurrence reports

used by health care facilities to document the occurrence of anything out of the ordinary that results in, or has the potential to result in, harm to a patient, employee, or visitor

Question 7

What results from ignoring mistakes?

Answer 7

more harm than good

Question 8

Should documentation in the patient record include the fact that an incident report was filed?

Answer 8

NO

Question 9

Legal Safeguards for Nurses

Answer 9

competent practice
documentation

Question 10

Proof of Malpractice

Answer 10

Duty
Breach of Duty
Causation
Damages

Question 11

Duty of a Hospital Nurse

Answer 11

accurate assessment of patients assigned to their care

alerting responsible health care professionals to changes in a patient’s condition

competent execution of safety measures for patients

Question 12

Breach of Duty

Answer 12

failure to note and report that an older adult patient assessed as alert on admission is exhibiting periods of confusion

failure to execute and document use of appropriate safety measures

Question 13

Causation

Answer 13

failure to use appropriate safety measures; this failure causes the patient to fall while attempting to get out of bed, resulting in a fractured left hip

Question 14

Damages

Answer 14

fractured left hip, pain and suffering, lengthened hospital stay, and need for rehabilitation

Question 15

Malpractice Litigation Steps

Answer 15

1. The basis for the claim is determined to be appropriate and timely; all elements of liability are present (duty, breach of duty, causation, and damages)
2. All parties named as defendants (nurses, health care providers, health care facility), as well as insurance companies and attorneys work toward a fair settlement
3. The case is presented to a malpractice arbitration panel. The panel’s decision is either accepted or rejected, in which case a complaint is filed in trial court.
4. The defendants contest allegations (argue that there is no basis for alleging deviation from the appropriate standard of care or for proving causation and damages).
5. Pretrial discovery activities occur: review of medical records and depositions of plaintiff, defendants, and witnesses.
6. Trial takes place; both sides present their evidence and arguments.
7. Decision or verdict is reached by the judge or jury.
8. If the verdict is not accepted by both sides, it may be appealed to an appellate court.