Chp 7 Legal Dimensions of Nursing Practice

Question 1

What is a Tort?

Answer 1

A law committed to a person by another person (wrong commitment, false imprisonment, intentional).

Question 2

What are the two types of Tort?

Answer 2

Intentional and Unintentional.

Question 3

What does Intentional Tort include?

Answer 3

Threat (assault), carry out act (battery), false imprisonment (restriction of movement against their will), fraud (lying about finances).

Question 4

What is Negligence?

Answer 4

Failing to perform an act a reasonable person would or would not do (failure to assess/follow standards).

Question 5

What are the 4 elements of Malpractice?

Answer 5

Duty, breach of duty, causation, damages.

Question 6

What is Assault?

Answer 6

A threat made.

Question 7

What is Battery?

Answer 7

A physical act being carried out (action).

Question 8

Who is the Plaintiff?

Answer 8

The person bringing suit.

Question 9

Who is the Defendant?

Answer 9

The person being accused of a crime.

Question 10

What is a Crime?

Answer 10

A wrong against a person, person property as well as the public.

Question 11

What is a Misdemeanor?

Answer 11

Punishable by fines or less than 1 year imprisonment (e.g., road rage).

Question 12

What is a Felony?

Answer 12

Punishable by imprisonment for more than 1 year (e.g., burglary).

Question 13

What are Legal Safeguards for Practice?

Answer 13

Competent practice, protection through informed consent, adequate staffing, whistle-blowing, risk management.

Question 14

What are the 3 elements of Informed Consent?

Answer 14

Disclosure, comprehension, competence, and voluntariness.

Question 15

What should you do when following and questioning physician orders?

Answer 15

Can question/verify orders, verbally repeat back, get another nurse to listen, get all orders in writing.

Question 16

What is an Incident Report?

Answer 16

A hospital-wide report that includes the date, time, place, and factual account of what was witnessed.

Question 17

What is Student Nurse Liability?

Answer 17

Notify clinical faculty if assignment can’t be carried out; don’t carry out the procedure if you do not know how to do it.

Question 18

What does HIPAA ensure?

Answer 18

Patients’ rights, including copies of charting, corrections, updates, and restrictions on medical information.

Question 19

What are the criteria for Malpractice?

Answer 19

Falls under common law; e.g., patient suffers injury (blood clot).

Question 20

What is the Nurse Practice Act?

Answer 20

The most important law protecting nursing practice.

Question 21

What is Credentialing?

Answer 21

The way professional competence is ensured and maintained.

Question 22

What can lead to Suspension or Revoking of a nursing license?

Answer 22

Drug or alcohol use, fraud, deceptive practice, disciplinary actions, gross or ordinary negligence, criminal acts, physical/mental impairment.

Question 23

What are the 4 Elements of Liability?

Answer 23

1. Duty: nurse pt. relationship (legally responsible is you jump to save a pt.).
2. Breach of Duty: lack of nurse competency; no side rails & pt. falls.
3. Causation: if nurse didn’t leave side rails down, the pt. wouldn’t have fallen. Direct cause-and-effect.
4. Damages: the injuries a pt. suffers from a fall.

Question 24

What is the Good Samaritan Law?

Answer 24

Legally mandated to stay until medics arrive; not required to give assistance.

Question 25

True or False: A source of law that uses the court system, including plaintiff and defendant, is called the common law?

Answer 25

True

Question 26

True or False: The state nurse practice act is the most important law affecting nursing practice.

Answer 26

True

Question 27

What is the correct term for a nurse falsely imprisoning a patient by unauthorized use of restraints?
a. Crime
b. Tort
c. Misdemeanor
d. Felony

Answer 27

B. Tort

Question 28

A pt refuses to have a medication administered by injection. A nurse says, “If you don’t let me give you the shot, I will get help to hold you down and give it.” an Assault or Battery?

Answer 28

Assault

Question 29

The nurse gets a Patient Care assistant to hold the pt down and administers the injection an Assault or Battery?

Answer 29

Battery

Question 30

A lawsuit has been brought against a nurse for malpractice. While hospitalized, a pt fell and suffered a skull fracture. When filing a lawsuit, which element of liability does the description of the pt and his injuries represent?
a. Damages
b. Causation
c. Duty
d. Breach of Duty

Answer 30

A. Damages

Question 31

A pt developed a blood clot after surgery because the nurse did not get the pt up and walk them around, as directed by the surgeon. What charge might be brought against the nurse?
A. Negligence
B. Malpractice

Answer 31

Both negligence & malpractice.

Question 32

A nurse in the operating room is obtaining consent for a procedure . She understands that the elements of formed consent does not include:
a. Disclosure
b. Comprehension
c. Competence
d. Code Status

Answer 32

D. Code Status

Question 33

A nurse walks into a pts room and finds them on the floor. The pt states, “I wad trying to get t the bathroom and was lowering the side rail but slipped and fell.” The nurse fills out an incident report that includes:
a. The pt was trying to lower the side rails
b. The pt was found lying on the floor
c. The pt was trying to get out of bed
d. The pt was trying to get to the bathroom

Answer 33

B. The patient was found lying on the floor.

Question 34

A pt tells a nursing student that they are thirsty and needs a sip of water. The sign says NPO. The pt aspirated and developed pneumonia.

Answer 34

Yes, if the student acted against medical advice.

Question 35

A pt tells a nursing student that they needs their hair washed. The pt develops a rash all over their face because they are allergic to the hospital shampoo.

Answer 35

No, the patient can’t sue.