Chapter 5 Flashcards
What defines the legal boundaries of nursing at the state level? A) The state's Attorney General B) The Nurse Practice Act C) The ANA standards of practice D) The ANA Code for Nurses
B) The Nurse Practice Act
The 51 Nurse Practice Acts representing the 50 states and the District of Columbia are
examples of statutes. These Nurse Practice Acts define and limit the practice of nursing,
stating what constitutes authorized practice as well as what exceeds the scope of
authority. Although Nurse Practice Acts may vary among states, all must be consistent
with provisions or statutes established at the federal level. The other options lack the
comprehensiveness and focus of a state’s Nurse Practice Act.
How is the question of whether a nurse acted with reasonable care generally proven?
A) The expert testimony of nursing witnesses
B) The defendant’s explanation of what the nurse did
C) The trial judge, after checking the outcome of prior similar court cases
D) The testimony of expert medical witnesses
A) The expert testimony of nursing witnesses
The testimony of other nurses in the same specialty as the defendant may be used to
prove breach of duty. The other options are not considered qualified to testify to this
matter.
A doctor orders a medical procedure that the staff nurse has reason to believe will harm
the patient. Which statement accurately states the legal consequences of carrying out, or
refusing to carry out, the procedure?
A) The staff nurse cannot be held legally liable for any harm to the patient if the
procedure is carried out with due care
B) The nurse may lose his or her license by refusing to carry out the procedure
C) The nurse can be held legally liable for any harm if the procedure is carried out
without question
D) The nurse can be held accountable for practicing medicine without a license
C) The nurse can be held legally liable for any harm if the procedure is carried out
without question
All nurses have personal liability, which means that every person is liable for his or her
own conduct. None of the remaining options describes that liability or its outcomes
accurately.
The nurse witnesses a patient sign an operative permit form. Legally, what does the
nurse’s signature imply?
A) Observed the client sign the consent form
B) Is certain the client understands the proposed procedure
C) Believe the client is capable of understanding the proposed procedure
D) Assumes the client has had an adequate evaluation to agree to the procedure
A) Observed the client sign the consent form
Informed consent is obtained by a physician; therefore, a nurse is not legally responsible
for informed consent but is confirming that the client signed the consent form. The other
options are the responsibilities of the professional performing the procedure.
How is the legal expansion of nursing roles accomplished?
A) The expansion of job descriptions in an agency
B) Written contracts between the nurse and the client
C) A written agreement between the nurse and the physician
D) Revision of the Nurse Practice Act
D) Revision of the Nurse Practice Act
RN scope of practice is always determined by the Nurse Practice Act and any expansion
of roles must occur through legislated changes in that statute. None of the remaining
options are sufficient to expand nursing roles legally.
What is the responsibility of a charge nurse who discovers that a medication error was
made on the previous shift?
A) Share that information with the charge nurse on the previous shift
B) Document the incident as per hospital policy
C) Write a memo to the nurse who made the error requesting incident report be
written
D) Write a note in the client’s chart that an incident report will be completed
B) Document the incident as per hospital policy
It is the responsibility as manager to immediately document the error according to
hospital policy. Since policies concerning such situations vary, it is vital to know and
follow established policies. It is not generally appropriate to make such a note on the
client’s chart.
What is the best reason that nurse-managers have an ongoing responsibility to be aware
of legislation affecting nursing practice?
A) This will prevent them from getting sued
B) Laws are fluid and subject to change
C) It will protect the agency from a lawsuit
D) It will ensure that correct procedure is carried out
B) Laws are fluid and subject to change
When using doctrines as a guide for nursing practice, the nurse must remember that all
laws are fluid and subject to change. Laws are not static. It is the responsibility of each
manager to keep abreast of legislation and laws affecting both nursing practice and
management practice. While the other options are correct, they do not describe the most
encompassing reason that nurse-managers need to keep aware of current legislature
affecting nursing practice.
Which characteristics are required of a reasonable and prudent nurse?
A) Years of clinically focused nursing experience
B) Specialized nursing skills
C) Average nursing judgment and skills
D) Earned advanced nursing degree
C) Average nursing judgment and skills
Reasonable and prudent generally means the average judgment, foresight, intelligence,
and skill that would be expected of a person with similar training and experience. The
other options describe qualifications not required of a reasonable and prudent nurse.
A state Nurse Practice Act is an example of which source of law? A) Statutes B) Constitution C) Administrative D) Judicial
A) Statutes
Statutes are the only laws made by official enactment by the legislative body.
A verdict of suspension or loss of licensure represents what type of law? A) Criminal B) Civil C) Administrative D) Judicial
C) Administrative
A verdict of suspension or loss of licensure represents administrative law. This type of
law is not based on any of the other options.
A lawsuit pertaining to professional negligence must include duty, breach of duty,
injury, and a causal relationship between breach of duty and injury. What else must be
included? Which element is necessary to prove professional negligence? Select all that
apply.
A) Breach of duty
B) Presence of injury
C) Ability to foresee harm
D) Causal relationship
A) Breach of duty
B) Presence of injury
C) Ability to foresee harm
D) Causal relationship
A lawsuit pertaining to professional negligence must include duty, breach of duty,
injury, a causal relationship between breach of duty and injury, and the ability to foresee
harm. Intent to cause injury is not a requirement.
What component of professional negligence is represented when a patient experiences a
seizure resulting from a medication error?
A) Duty to use due care
B) Failure to meet standard of care
C) Foreseeability of harm
D) A causal relationship
D) A causal relationship
A direct causal relationship between failure to meet the standard of care (breach) and
injury can be proved when a patient is harmed because proper care is not given. None of
the remaining options are relevant to this criterion.
What component of professional negligence is represented when a nurse fails to look up
an unfamiliar medication before administering it?
A) Duty to use due care
B) Failure to meet standard of care
C) Foreseeability of harm
D) A direct relationship between failure to meet the standard of care (breach) and
injury can be proved
C) Foreseeability of harm
The nurse must have reasonable access to information about whether the possibility of
harm exists not fulfilling this responsibility may result in a foreseeable harm to the
client. None of the remaining options are relevant to this criterion.
What element must be included in the process of securing informed consent?
A) A timeline of when the treatment is expected to occur
B) Written information on what the post procedure outcomes will be
C) Information regarding the risks involved in the proposed procedure
D) An explanation of the nature of all associated treatment provided by the nurse
C) Information regarding the risks involved in the proposed procedure
Informed consent can be given only after the patient has received a complete
explanation of the surgery, procedure, or treatment and indicates that he or she
understands the risks and benefits related to it. Timeline and nursing responsibilities are
not components that are included. Outcomes are identified as expected or desired; no
guarantees are given.
Which situations is a nurse-manager illegally responsible for reporting? Select all that
apply.
A) Suspected incidents of elder abuse
B) Examples of substandard medical care
C) Client-reported incidents of child abuse
D) Confirmed case of a communicable disease
A) Suspected incidents of elder abuse
B) Examples of substandard medical care
C) Client-reported incidents of child abuse
D) Confirmed case of a communicable disease
In addition, the manager, like all professional nurses, is responsible for reporting
improper or substandard medical care, child and elder abuse, and communicable
diseases, as specified by the Centers for Disease Control and Prevention. Disagreements
are not mandated reportable situations.
What is one way to promote open communication between patients and practitioners?
A) Involving health-care consumers as active members of the health-care team
B) Promoting the creation of cultures of patient safety in health-care organizations
C) Establishing a federal leadership locus for advocacy of patient safety and healthcare
quality
D) Building an evidence-based information and technology system that impacts
patient safety and pursue proposals to offset implementation costs
A) Involving health-care consumers as active members of the health-care team
One way to promote open communication between patients and practitioners is
involving health-care consumers as active members of the health-care team. Pursing
patient safety initiatives prevent medical injury by promoting the creation of cultures of
patient safety in health-care organizations; establishing a federal leadership locus for
advocacy of patient safety and health-care quality; and building an evidence-based
information and technology system that impacts patient safety and pursue proposals to
offset implementation costs.
What document permits a registered nurse to offer special skills and knowledge to the
public in a particular jurisdiction when such practice would otherwise be unlawful?
A) A state nursing license
B) Institutional licensure
C) ANA certificate
D) ANA practice standards
A) A state nursing license
In general, a license is a legal document that permits a person to offer special skills and
knowledge to the public in a particular jurisdiction when such practice would otherwise
be unlawful. A state nursing license allows for the practice of nursing in a specific state.
Some professionals have advocated shifting the burden of licensure, and thus
accountability, from individual practitioners to an institution or agency. Proponents for
this move believe that institutional licensure would provide more effective use of
personnel and greater flexibility. The ANA is not capable of permitting a person to
practice nursing.
Professional organizations generally espouse standards of care that have what
relationship to those required by law? Select all that apply.
A) Higher than those required by law
B) The same as those required by law
C) Are established after those required by law
D) Are established prior to those required by law
A) Higher than those required by law
D) Are established prior to those required by law
Professional organizations generally espouse standards of care that are higher than those
required by law. These voluntary controls often are forerunners of legal controls. The
standards are written by health-care professionals while laws are written by legislatures.
What is an example of an unintentional tort? A) Professional negligence B) Assault C) Battery D) False imprisonment
A) Professional negligence
While professional negligence is considered to be an unintentional tort, assault, battery,
false imprisonment, invasion of privacy, defamation, and slander are intentional torts.
Malpractice or professional negligence is the failure of a person with professional
training to act in a reasonable and prudent manner. How many components must be
present for an individual to be found guilty of malpractice?
A) Three
B) Four
C) Five
D) Six
C) Five
Five components must be present for a professional to be held liable for malpractice:
duty to use care, failure to meet standard of care, foreseeability of harm, direct
relationship between failure to meet the standard of care and injury can be proved, and
injury.
Which statement is true regarding criminal law cases? Select all that apply.
A) Incarceration is a likely consequence of being found guilty of a criminal offense
B) Intentionally giving an overdose of a potent narcotic is a criminal offense
C) A guilty verdict requires evidence beyond a reasonable doubt
D) Most malpractice cases are tried in criminal court
A) Incarceration is a likely consequence of being found guilty of a criminal offense
B) Intentionally giving an overdose of a potent narcotic is a criminal offense
C) A guilty verdict requires evidence beyond a reasonable doubt
In criminal cases, the individual faces charges generally filed by the state or federal
attorney general for crimes committed against an individual or society. In criminal
cases, the individual is always presumed to be innocent unless the state can prove his or
her guilt beyond a reasonable doubt. Incarceration and even death are possible
consequences for being found guilty in criminal matters. Nurses found guilty of
intentionally administering fatal doses of drugs to patients would be charged in a
criminal court. Most malpractice cases are tried in civil court.
Which behavior will best minimize a nurse’s risk for a malpractice claim?
A) Always carry a personal liability insurance policy
B) Always function with the state’s nursing practice act
C) Ask for assistance when engaged in complicated procedures
D) Devote time to establishing an effective nurseñpatient relationship
B) Always function with the state’s nursing practice act
Nurses can reduce the risk of malpractice claims by practicing within the scope of the
Nurse Practice Act. Nurses should purchase their own liability insurance and understand
the limits of their policies. Although this will not prevent a malpractice suit, it should
help to protect a nurse from financial ruin should there be a malpractice claim. While
the other options present reasonable advice, they will not necessarily help in the
avoidance of a malpractice claim.