Chapter 23 Lígales Implication

Question 1

Many types of law govern nursing practice, including

Answer 1

Constitutional law
Statutory law
Common law
Administrative law 
Case law

Question 2

When a patient refuse to a treatment or you as a nurse are not agree with their decision what example of law is this ??

Answer 2

Constitutional law

Question 3

What is Nurse Practice Acts

Answer 3

describe and define the legal boundaries of nursing practice within each state.

Question 4

Criminal mistreatment of vulnerable adults is an example of

Answer 4

Criminal statutory law

Question 5

A nurse who does not report unethical or incompetent conduct is violating

Answer 5

Regulatory law ( administrative law)

Question 6

the right to privacy is implied in the
Us Constitution. Thus, patient confidentiality originated as com-
mon law. Prior to the passage of multiple related laws, a patient’s
right to confidentiality, which prevents nurses and health care pro-
viders from sharing patient information with others who are not
caring for the patient,

Answer 6

Common law

Question 7

is typically what a reasonably prudent nurse would do under similar circumstances in the geographic area in which the alleged breach occurred. Malpractice

Answer 7

Standard of proof

Question 8

The Patient Protection and Affordable Care Act (PPACA) waS passed in 2010. Its name was later changed to the Affordable Care Act (ACA). The ACA is characterized by four themes embedded in
nursing practice such as

Answer 8

(1) consumer rights and protections, (2) affordable health care coverage,
3) increased access to care,
4) quality of care that meets the needs of patients.

Question 9

When a patient presents to an emergency department, they must be treated. What act is this

Answer 9

Emergency Medical Treatment and Active Labor Act

Question 10

Establishes patient rights regarding privacy of their health care information and records

Answer 10

Health Insurance Portability and
Accountability Act (HIPAA)

Question 11

Requires health care institutions to provide written information to patients concerning their rights to make decisions about their care, including the right to refuse treatment and to
formulate an advance directive

Answer 11

Patient Self-Determination Act

Question 12

These laws include reporting suspected abuse and
neglect of a child, older adult, or victim of domestic violence; reporting
communicable diseases; ensuring that patients in the community have
received required immunizations; and reporting other health-related
issues to protect public health

Answer 12

Public Health Laws

Question 13

Torts are civil wrongful acts or omissions made against a person o-
property. They are classified as

Answer 13

Intentional ( assault, battery & false imprisonment)

Quasi international ( Acts in which a person may not intend to cause
harm to another but does)

Unintentional (negligence, malpractice)

Question 14

For
example, if a nurse threatens to give a patient an injection or to restrain
a patient for an x-ray film procedure when the patient has refused con.
sent, the nurse’s action is considered

Answer 14

An assault

Question 15

is any intentional offensive
touching without consent or lawful justification. Example: if a
patient gives consent for an appendectomy and the surgeon performs a tonsillectomy,

Answer 15

Battery

Question 16

when nurses restrain a
patient in a confined area, preventing the ability to move freely in a bed.
chair, room, or other area in which the patient wishes to be. What Tort example is this ???

Answer 16

False imprisonment

Question 17

If a nurse tells people erroneously that a patient has gonorrhea and the disclosure affects the
patient’s business, the nurse is liable for

Answer 17

Slander ( quasi intentional torts)

Question 18

What are the 4D’s that are present for malpractice to occur?

Answer 18

(2) the nurse (defendant) owed a duty
of care to the patient (plaintif),
2) the nurse did not carry out of
preached that duty
3)the patient was injured due to the breach in
duty
(4) damages or remedies are allowed under state law to
•make the person whole” in the eyes of the court.

Question 19

1.
A nurse is planning care for a patient going to surgery. Who is
responsible for informing the patient about the surgery along with
possible risks, complications, and benefits?
1. Family member
2. Surgeon
3. Nurse
4. Nurse manager

Answer 19

2

Question 20

A nurse sends a text message to the oncoming nurse to report that
a patient refuses to take medication as ordered. What should the
oncoming nurse do? (Select all that apply).
1. Add this information to the board hanging at the patient’s bed-
side.
2. Tell the nurse who sent the text that the text is a HIPAA viola-
tion.
3. Inform the nursing supervisor.
4. Forward the text to the charge nurse.
5. Thank the nurse for sending the information.

Answer 20

2

3

Question 21

4.
Which of the following actions, if performed by a registered
nurse, could result in both criminal and administrative law sanc
tions against the nurse? (Select all that apply.)
1. Reviewing the electronic health record of a family member
who is a patient in the same hospital on a different unit
2. Refusing to provide health care information to a patient’s child
3. Reporting suspected abuse and neglect of children
4. Applying physical restraints without a written order
5. Completing an occurrence report on the unit

Answer 21

1

4

Question 22

A patient is in skeletal traction and has a plaster cast due to a frac-
tured femur. The patient experiences decreased sensation and a
cold feeling in the toes of the affected leg. The nurse observes that
the patient’s toes have become pale and cold but forgets to docu-
ment this because one of the nurse’s other patients experienced
cardiac arrest at the same time. Two days later the patient in skel-
etal traction has an elevated temperature, and he is prepared for
surgery to amputate the leg below the knee. Which of the follow-
ing statements regarding a breach of duty apply to this situation?
(Select all that apply.)
1. Failure to document a change in assessment data
2. Failure to provide discharge instructions
3. Failure to provide patient education about cast care.
4. Failure to use proper medical equipment ordered for patient
monitoring
5. Failure to notify a health care provider about a change in the
patient’s condition

Answer 22

1

5

Question 23

A man who is homeless enters the emergency department seek-
ing health care. The health care provider indicates that the patient
needs to be transferred to the city hospital for care before assess-
ing the patient. This action is most likely a violation of which of
the following laws?
1. Health Insurance Portability and Accountability Act (HIPAA)
2. Americans with Disabilities Act (ADA)
3. Patient Self-Determination Act (PSDA)
4. Emergency Medical Treatment and Active Labor Act
(EMTALA)

Answer 23

4

Question 24

Which of the following actions should a nurse take after witnessing a breach of a client’s confidentiality in a provider’s office?

Answer 24

Complete a health information privacy complaint form

Question 25

A nurse in the emergency department is caring for a client following a motor-vehicle crash. The client is unresponsive and the client’s spouse is not present at the facility. Which of the following actions should the nurse take to assist with obtaining consent for the client’s surgery?

1-Ask the facility’s Privacy Officer to witness the informed consent document.
2-Inform the client’s friends that are present about the surgery and obtain group consent.
3-Ask the nursing supervisor to provide implied emergency consent.
4-Inform the provider of the spouse’s contact information so consent can be obtained over the telephone

Answer 25

4

Question 26

A client tells a nurse that they feel their privacy has been violated and wants to file a formal complaint with someone other than the m
facility. Through which of the following agencies should the nurse instruct the client to file the complaint?

1-Occupational Safety and Health Administration (OSHA)
2-The Joint Commission
3-Office for Civil Rights
4-Privacy and Civil Liberties Office

Answer 26

3

Question 27

A group of nurses on a clinical unit are planning to research the incidence of falls among clients following joint replacement surgery. Which of the
following actions should the nurses take to ensure the study complies with the HIPAA Privacy Rule?
1-Contact the medical record department to obtain permission to access clients’ charts.
2-/Submit their proposal to the institutional review board for review and describe how they will de-identify client information.
3-Obtain permission from the risk management department to gain access to incident reports that were filed due to client falls.

Answer 27

2