Legal/Ethics

Question 1

Which are the 4 sources of Law?

Answer 1

Constitutions
Statutory Law
Administrative Law
Common Law.

Question 2

What is Constitution law?

Answer 2

Federal and state constitutions outline the creation of government structures, grant authority, and establish legal principles. They serve as guides for legislative bodies that create laws. For example, constitutional law might define the rights of individuals, impacting patient privacy and consent laws.

Question 3

What is Statutory Law ?

Answer 3

Created by legislative bodies such as Congress or state legislatures. These laws must align with federal and state constitutions. An example in nursing is the Nurse Practice Acts, which govern the scope of nursing practice and establish standards of care.

Question 4

What is Administrative Law ?

Answer 4

Created by executive branch agencies, such as state Boards of Nursing, which enforce statutory laws by creating detailed rules and regulations. For example, administrative law includes licensure requirements and continuing education mandates for nurses.

Question 5

What is Common Law?

Answer 5

Derived from judicial decisions made in courts. It evolves through case law and legal precedents. For nurses, common law often involves malpractice cases where courts interpret how standards of care apply in specific instances.

Question 6

Explain what is meant by Tort.

Answer 6

A wrong committed by a person against another person or that person’s property; tried in civil court.
Can be intentional or unintentional

Question 7

What does an Intentional tort mean?

Answer 7

Definition: Deliberate acts of wrongdoing where the individual is aware that their actions violate legal boundaries.
Examples:

Assault and Battery: Threatening or making unauthorized physical contact (e.g., administering an injection without consent).
Defamation: Making false statements that harm someone’s reputation (slander if spoken, libel if written).
Invasion of Privacy: Unauthorized disclosure of confidential patient information.
False Imprisonment: Restraining a patient without legal justification.
Fraud: Intentional deception for personal gain (e.g., falsifying medical records).

Question 8

What does an unintentional tort mean?

Answer 8

Definition: Acts of negligence where harm occurs without the intent to cause injury.

Examples:
Negligence: Failing to provide the standard of care a reasonable person would (e.g., not preventing patient falls).
Malpractice: Professional negligence by healthcare providers, such as failing to follow procedures or monitor patient conditions properly.

Question 9

Discuss legal safeguards in nursing practice.

Answer 9

The U.S. healthcare system provides legal safeguards to protect nurses from legal risks and to promote a safe practice environment. These safeguards ensure that nurses maintain competence, adhere to legal standards, and provide safe patient care.

Legal safeguards empower nurses to perform their duties while minimizing legal risks, ensuring both patient safety and professional protection

Question 10

What is meant by competent practice.

Answer 10

Competent practice is the most critical legal safeguard for nurses. Nurses are responsible for ensuring their education and clinical experience align with their job responsibilities. This involves :

Developing Interpersonal Skills: Maintaining effective communication with patients, families, and healthcare team members.

Respecting Legal Boundaries: Staying within the legal scope of nursing practice.

Following Institutional Policies: Understanding and adhering to facility-specific protocols.

Acknowledging Strengths and Weaknesses: Seeking further education and supervision when needed.

Evaluating Assignments: Refusing tasks beyond their qualifications or preparedness.

Staying Current: Continuously updating nursing knowledge and skills.
Respecting Patient Rights: Building rapport and advocating for patients.

Question 11

Why is careful documentation important?

Answer 11

Accurate, thorough, and timely documentation is essential. The medical record often serves as the best evidence in legal proceedings. A nurse should :
Record all clinical observations and diagnostic findings.
Document conversations with other healthcare providers.
Specify who was notified about patient concerns and when.
Indicate engagement of the chain of command, if needed.
Show that concerns were pursued until resolved

Question 12

What preventions can nurses take to reduced the risk of malpractice claims?

Answer 12

Failure to Ensure Patient Safety
Improper Treatment or Performance of Treatment
Failure to Monitor and Report
Medication Errors and Reactions
Failure to Follow Facility Procedure
Documentation
Equipment Use
Adverse Incidents
Patients with HIV

Question 13

What are some ways we could reduce the malpractice claims for Failure to Ensure Patient Safety?

Answer 13

Monitor patients according to facility policy and patient needs.
Use restrictive devices only when necessary and per policy.
Update knowledge on safety interventions.
Identify high-risk patients proactively.

Question 14

What are some ways we could reduce the malpractice claims for Improper Treatment or Performance of Treatment ?

Answer 14

Question questionable treatments and follow policy for disputes.
Use proper techniques and follow procedures.
Seek help when uncertain about a procedure.
Pursue continuing education to maintain clinical skills.

Question 15

What are some ways we could reduce the malpractice claims for Failure to Monitor and Report ?

Answer 15

Follow monitoring orders and adjust based on patient needs.
Report significant changes in patient conditions promptly.
Perform timely nursing assessments.
Ensure adequate nurse–patient ratios

Question 16

What are some ways we could reduce the malpractice claims for Medication Errors and Reactions?

Answer 16

Verify patient identity using multiple identifiers.
Clarify questionable medication orders.
Listen to patient concerns and investigate before administration.
Stay informed about new medications and facility protocols.

Question 17

What are some ways we could reduce the malpractice claims for Failure to Follow Facility Procedure?

Answer 17

Be familiar with and adhere to facility policies.
Notify supervisors of deviations from procedures.
Recommend policy updates when needed

Question 18

What are some ways we could reduce the malpractice claims for Documentation errors?

Answer 18

Document patient care accurately, objectively, and factually.
Record specific times for all actions and observations.
Follow the facility’s documentation policies.
Use correct spelling, approved abbreviations, and ensure privacy

Question 19

What are some ways we could reduce the malpractice claims for Equipment Use ?

Answer 19

Operate equipment safely and only when trained.
Teach patients how to use equipment with standard procedures.
Ensure patients demonstrate competence before home use.
Attend equipment training and updates

Question 20

What are some ways we could reduce the malpractice claims for Adverse Incidents ?

Answer 20

Document incidents accurately without assigning blame.
Follow the chain of command for reporting issues.
Support loss prevention programs to reduce liability risks

Question 21

What are some ways we could reduce the malpractice claims for Patients with HIV ?

Answer 21

Avoid discriminatory practices or confidentiality breaches.
Follow consent protocols for HIV testing.
Adhere to facility policies for infectious disease care.
Stay current with CDC guidelines and state regulations.

Question 22

What are the 10 laws that affect Nursing Practise?

Answer 22

Occupational Safety and Health
National Practitioner Data Bank
Reporting Obligations
Controlled Substances
Health Insurance Portability and Accountability Act (HIPAA
Discrimination and Sexual Harassment
Restraints
People With Disabilities
Wills
Legal Issues Related to Death and Dying

Question 23

Explain the law of Occupational Safety and Health and how if affect Nursing Practice.

Answer 23

The Occupational Safety and Health Act of 1970 ensures safe working conditions. Nurses must follow safety standards related to bloodborne pathogens, radiation, hazardous chemicals, and use of protective equipment. Non-compliance can result in severe penalties

Question 24

Explain the law of the National Practitioner Data Bank and how if affect Nursing Practice.

Answer 24

Established by the Health Care Quality Improvement Act of 1986, this database tracks healthcare providers with malpractice claims or professional disciplinary actions. Nurses can be reported for adverse licensure actions or malpractice payments.

Question 25

Explain the law of Reporting Obligations and how if affect Nursing Practice.

Answer 25

Nurses must report certain cases like child abuse, communicable diseases, and elder abuse. Failure to report can result in legal consequences, while reporting in good faith provides legal protection

Question 26

Explain the law of Controlled Substances and how if affect Nursing Practice.

Answer 26

Laws regulate the storage, administration, and documentation of controlled substances such as narcotics. Nurses must follow specific procedures to prevent misuse and ensure legal compliance.

Question 27

Explain the law of Discrimination and Sexual Harassment and how if affect Nursing Practice.

Answer 27

Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination based on race, gender, religion, and national origin. Sexual harassment laws ensure a safe and respectful work environment.

Question 28

Explain the law of Restraints and how if affect Nursing Practice.

Answer 28

The Nursing Home Reform Act of 1987 guarantees that long-term care residents are free from unnecessary restraints unless medically justified. Nurses must follow policies on restraint use to avoid legal issues

Question 29

Explain the law of People With Disabilities and how if affect Nursing Practice.

Answer 29

The Americans With Disabilities Act (ADA) prohibits discrimination against individuals with physical or mental impairments. Nurses must provide reasonable accommodations and avoid discriminatory practices.

Question 30

Explain the law of Wills and how if affect Nursing Practice.

Answer 30

Nurses may be asked to witness wills. They must ensure the testator is of sound mind, acts voluntarily, and signs the document willingly. Nurses must follow state-specific guidelines for witnessing wills

Question 31

Explain Legal Issues Related to Death and Dying and how if affect Nursing Practice.

Answer 31

Legal concerns include advance directives, do-not-resuscitate orders, organ donation, and assisted suicide. Nurses must comply with the Patient Self-Determination Act (PSDA) and support patients’ end-of-life wishes

Question 32

Explain the law of Health Insurance Portability and Accountability Act (HIPAA) and how if affect Nursing Practice.

Answer 32

HIPAA protects patient privacy by securing health information and regulating how patient data is shared. Nurses must maintain confidentiality and follow strict information-sharing protocols.

Question 33

Which of the following is considered a statutory law in nursing practice?

A. Nurse Practice Acts
B. Court rulings on malpractice cases
C. Hospital policies and procedures
D. Clinical practice guidelines

Answer 33

A. Nurse Practice Acts
Reason: Nurse Practice Acts are statutory laws enacted by legislative bodies to regulate nursing practice

Question 34

True/False
The Nurse Practice Act is an example of common law because it evolves from judicial decisions in court cases.

Answer 34

False
Reason: Nurse Practice Acts are statutory laws, not common law. Common law is derived from court decisions and legal precedents.

Question 35

A nurse who intentionally administers an injection against a patient’s refusal may be charged with ________, an intentional tort involving harmful or offensive physical contact.

Answer 35

Battery
Reason: Battery involves intentional physical contact made without a person’s consent, such as administering an injection against the patient’s will.

Question 36

Short Answer
Describe how the Occupational Safety and Health Act protects nurses in healthcare settings. Provide two examples of workplace hazards it addresses.

Answer 36

The Occupational Safety and Health Act ensures safe working conditions for nurses by enforcing safety standards to reduce job-related injuries and illnesses.

Examples:

Use of isolation techniques for infectious disease management.
Safe handling of hazardous chemicals like cleaning agents or medications.

Question 37

Case Study Response
Ella Rodriguez, an 8-year-old girl, needed sedation for a procedure. The nurse administered the medication without the required presence of a healthcare provider, violating protocol. Identify two legal issues this situation raises concerning the nurse’s legal responsibility.

Answer 37

Two legal issues:

Negligence: The nurse failed to adhere to the required sedation protocol, risking patient safety.

Breach of Duty: The nurse did not follow established facility procedures, leading to potential legal consequences if harm occurred

Question 38

Match the following terms with their correct definitions:

Negligence
Battery
Defamation
Invasion of Privacy

A. Unauthorized disclosure of patient information
B. Harm caused by failure to act with reasonable care
C. Unwanted physical contact without consent
D. Making false statements that damage someone’s reputation

Answer 38

Negligence - B. Harm caused by failure to act with reasonable care
Battery - C. Unwanted physical contact without consent
Defamation - D. Making false statements that damage someone’s reputation
Invasion of Privacy - A. Unauthorized disclosure of patient information

Question 39

Explain the four elements of liability that must be established to prove malpractice. Provide a nursing-related example illustrating each element.

Answer 39

Four Elements of Liability in Malpractice:

Duty: The nurse must provide a standard of care expected in the nurse–patient relationship.
Example: A nurse is responsible for monitoring a postoperative patient’s vital signs.

Breach of Duty: Failure to meet the standard of care.
Example: The nurse does not check the patient’s blood pressure as required.

Causation: The breach of duty must directly cause harm.
Example: The patient suffers a cardiac arrest due to missed monitoring of blood pressure.

Damages: Actual harm or injury must occur.
Example: The patient suffers permanent disability due to the nurse’s failure to provide appropriate care