Chapter 7 Flashcards
Which of the following describes an employer’s responsibility in relation to the standard of care?
a. To address the effects of nurse absenteeism on patient care
b. To evaluate all nurses on an annual basis to ensure that they are meeting standards
c. To implement an improvement plan for nurses who do not meet standards
d. To ask for expert nurses who exceed standards to mentor other nurses
ANS: C
Correct C: Employers have a common law duty to take active steps to ensure that nurses falling short of a standard receive the appropriate improvement plan. The employer may be liable otherwise
Which of the following is the best example of an intentional tort?
a. A nurse assaults a patient.
b. A nurse makes a medication error, resulting in an adverse reaction in the patient.
c. A nurse is abusing substances while at work.
d. A nurse accidentally runs a commode over and bruises a patient’s foot.
ANS: A
Correct A: An intentional tort is a civil wrong committed against one person by another who intends the action that causes injury or damage to either the victim or the victim’s property. A nurse who assaults a patient is committing an intentional tort.
In order to prove negligence, which three elements must be present?
a. Duty of care is owed, duty of care is breached, damage is a direct result
b. Duty of care is breached, indirect damage is present, duty of care is owed
c. Duty of care is breached, damage is a direct result, damage is permanent
d. Duty of care is breached, indirect damage results, damage is permanent
ANS: A
Correct A: First, the defendant must owe a duty of care in law toward the plaintiff. Second, the defendant must have breached that duty and failed to discharge the standard of care required by law in the particular situation. Third, the plaintiff must have suffered damage or harm caused by the defendant’s breach of the duty of care.
A nurse whose lack of actions demonstrates disregard for the lives or safety of others is liable for which of the following?
a. Criminal incompetence
b. Statutory negligence
c. Professional malpractice
d. Criminal negligence
ANS: D
Correct D: This nurse is liable for criminal negligence. If a nurse fails to perform some act that is part of her nursing procedures and duties and someone dies or suffers serious bodily harm as a result, the omission in care may constitute a criminal offense.
How do the courts determine if a nurse’s conduct has been negligent?
a. The standard of care is used as an objective measure.
b. The professional standards are used as a subjective measure.
c. Only an appellate court can determine this.
d. This would go before a disciplinary review board, not the courts.
ANS: A
The standard of care is what a reasonably competent professional would do in a similar situation. If a defendant’s conduct is seen as having fallen below this standard, a court may find that defendant’s conduct to be negligent
How do the courts determine if a nurse’s conduct has been negligent?
a. The standard of care is used as an objective measure.
b. The professional standards are used as a subjective measure.
c. Only an appellate court can determine this.
d. This would go before a disciplinary review board, not the courts.
ANS: A
The standard of care is what a reasonably competent professional would do in a similar situation. If a defendant’s conduct is seen as having fallen below this standard, a court may find that defendant’s conduct to be negligent.
Failing to meet a standard of practice of the nursing profession would be called malpractice
ANS: F
Correct: Failing to meet a standard of practice of the nursing profession would be called professional misconduct. Malpractice involves performing lawful acts in a careless manner or in a manner that does not conform to a generally recognized practice standard or standard of care in the nursing profession.
A nurse who performs a procedure beyond her level of skill and ability would be considered incompetent
ANS: F
Correct: The nurse would be considered negligent, not incompetent.
An assault occurs when a person intentionally threatens another person with imminent harm.
ANS: T
Correct: Assault is the intentional threat of imminent harm. Actual physical contact is not necessary to prove assault.
The nurse’s duty of care to patients and clients is based on professional standards of care
ANS: T
Correct: Nurses owe a duty of care to patients and clients to act in a competent and diligent manner according to the standard of the reasonably competent nurse
In a case where a nurse’s conduct is in question, the standard of care used in court would be the actions of a reasonably competent nurse in similar circumstances
ANS: T
Correct: The standard of care is what a reasonably competent professional would do in a similar situation. The nurse is legally required to operate and act at a level that meets or exceeds the standard of care of a reasonably prudent caregiver or health care professional
Contributory negligence means that the patient, as the plaintiff, is partly responsible for the harm she suffered
ANS: T
Correct: Contributory negligence means that the patient, as the plaintiff, is found to be partly at fault for the harm she suffered. In all common law provinces and territories, the patient may still recover damages from the defendant even if the patient is in some way responsible.
