Chapter 13: The Practising Nurse and the Law Flashcards
For which following reason should nurses be aware of the risks and responsibilities
inherent in their practice?
a. Their scope of practice is limited.
b. They have received advanced educational preparation.
c. There is a greater propensity today for the public to seek damages for professional
negligence.
d. Provincial governing bodies and the Canadian Nurses Protective Society now have
an extended role.
ANS: C
The extension of the nurse’s scope of practice, substantial improvements in salaries and working conditions for nurses, and a greater propensity for the public to seek damages for professional negligence are all reasons for nurses to be aware of the risks and responsibilities inherent in their practice.
Which following principle is common to each province in relation to regulation of nurses?
a. Nurses are governed by individual health professional legislation.
b. A legislated statutory body registers, monitors, and disciplines nurses.
c. Nurses are governed under umbrella legislation for all health care providers in the
province.
d. Nurses are governed by national legislation addressing advanced practice nursing
and expanded nursing roles.
ANS: B
The common principle throughout each province is the legislation of a governing body
whose role is to register, monitor, and discipline nurses within the province or territory.
Which following province has legislation that requires the nursing regulatory body and its voluntary functions to remain separate?
a. Alberta
b. Ontario
c. Nova Scotia
d. British Columbia
ANS: B
Ontario has legislation that requires that the nursing regulatory body and its voluntary functions remain separate.
Negligence lawsuits are primarily about compensation for damages, whereas complaints of professional misconduct or incompetence are about which one of the following?
a. Ongoing counselling
b. Registration and practice permits
c. Internal and external ethical review boards
d. Intentional or unintentional tort law cases
ANS: B
Negligence lawsuits are primarily about compensation for damages, whereas complaints of professional misconduct or incompetence are about registration and practice permits.
The majority of lawsuits against health care providers are classified as which following type?
a. Intentional tort
b. Criminal charge
c. Unintentional tort
d. Medical malpractice
ANS: C
The bulk of lawsuits against health care providers are unintentional torts, which are based on complaints of negligence.
Which one of the following is an example of an intentional tort?
a. Assault and battery
b. Use of restraints
c. Medication error in time
d. Medication error in amount
ANS: A
Assault and battery are examples of intentional torts.
What is the standard of care against which negligence is determined?
a. Best possible care
b. Optimum standard of care
c. Reasonable and prudent care
d. Institutional-dependent care
ANS: C
Negligence is defined as a nursing action falling below the standard of care that a
reasonable and prudent nurse would follow in particular or similar health care
circumstances.
Which one of the following is a fundamental human right, historically respected in law?
a. Truth
b. Informed consent
c. Freedom from interference
d. High-quality health care
ANS: C
A fundamental human right, historically respected in law, is the right to be free from
interference.
The tort of battery involves which one of the following?
a. An injury
b. Intentional touching
c. Implied or informed consent
d. The right to decide treatment options
ANS: B
The tort of battery involves intentional touching of another person without consent. There need not be an injury.
Which following patient would be considered most complex in relation to the question of consent?
a. A 38-year-old male with Down syndrome
b. A 76-year-old female with macular degeneration
c. A 22-year-old female seeking a therapeutic abortion
d. A 60-year-old male with complaints of chest pain in the emergency department
ANS: A
Adults with disabilities, those with progressive diseases affecting the mind or ability to
communicate, and children are the groups for whom questions of consent in health matters may become a more complex issue.
What is the primary purpose of creating health records?
a. To measure workload
b. To facilitate communication
c. To satisfy accreditation standards
d. To promote jurisdictional sharing of health information
ANS: B
The primary purpose of creating health records is to facilitate communication among
health care providers in treating a patient.
In which year was the Canadian Nurses Protective Society (CNPS) established?
a. 1988
b. 1992
c. 1996
d. 2000
ANS: A
The CNPS was established in 1988.
The Canadian Nurses Protective Society (CNPS) was established at the request of the
provincial and territorial professional nursing associations as a result of which following occurrence?
a. The creation of electronic health records
b. The requirement for entry to practice at the baccalaureate level
c. Escalating costs of professional liability insurance
d. The licensing of advanced practice nurses and nurse practitioners
ANS: C
The CNPS was established at the request of the provincial and territorial professional
associations in nursing as a result of escalating costs of professional liability insurance.
Which of the following are common considerations for electronic health records? (Selec tall that apply.)
a. They maintain an audit trail.
b. They display and print only aggregate data.
c. They have automatic backup.
d. Information is deleted every 24 hours.
e. Unauthorized and authorized access are available.
f. They have automatic recovery.
g. They can display and print separate records.
ANS: A, C, F, G
Some of the common considerations for electronic health records are that they remain secure from interference or unauthorized access, they can display and print each patient’s record separately, they have automatic backup and recovery, and they maintain an audit trail.
