Legal Integrity

Question 1

The nurse is legally responsible for the surgical count.
What type of law deals with injury to a person such as a retained object?

Answer 1

Tort law

A tort action law suit is filed when there
is injury to a person caused by another person. A retained object is tort claim.

Question 2

The surgical patient is consented for a right breast biopsy. During the procedure the surgeon discovers the left breast tissue is worse and performs a left breast biopsy instead. This is an example of what?

Answer 2

Battery- touching someone without permission, does not imply harm

Except in emergencies, surgical procedures
should not be performed without documentation of the patient’s consent to the procedure (including side and site) in the medical record.

Question 3

Forensic specimen handling

Answer 3

Place in paper bag or envelope
Do not use plastic bags due to condensation
Do not use metal instruments
Secure specimen until transfer to law enforcement

Question 4

Critical thinking

Answer 4

Requires purposeful, outcomes-directed thought, and is driven by patient need 

Question 5

When correcting a patient care entry in the electronic health record, the perioperative nurse should

Answer 5

Add a rationale for the correction 

Question 6

Res ipsa loquitur (“the thing speaks for itself”)

Answer 6

A doctrine likely to be involved in cases involving retain surgical items to prove medical negligence

Question 7

Allow natural death order

Answer 7

A specific directives written by a physician about end of life decisions

Question 8

Informed consent

Answer 8

Understanding between surgeon and patient

Question 9

Consent form

Answer 9

Documentation of understanding
Can be done by nurse after talking to Surgeon, and no questions from patient (done with order)

Question 10

Pre-procedural verification

Answer 10

H&P and anesthesia assessment are complete
Blood, implants, and special equipment are available
Consent is accurate, signed and witnessed

Question 11

Patient must be _____ in order for informed consent

Answer 11

Knowledgeable
Willing
Competent

Question 12

Two witnesses sign consent if

Answer 12

Patient is unable to sign
Telephone consent

Question 13

Exceptions to consent (implied consent)

Answer 13

Patient is unable to give consent and there is a threat to life, limb, function, or organ
Must have documentation of emergency in staff notes

Question 14

ANA code of ethics for nurses

Answer 14

Nurse practices with compassion and respect for every person
Remain professional and civil

Question 15

Ethical principles in nursing: Autonomy

Answer 15

Making decisions for self

Question 16

Ethical principles in nursing: Beneficence

Answer 16

Contribute to well-being of another

Question 17

Ethical principles in nursing: Nonmaleficence

Answer 17

Do no harm

Question 18

Ethical principles in nursing: Justice

Answer 18

Fairness

Question 19

Ethical principles in nursing: Veracity

Answer 19

Truthfulness

Question 20

Ethical principles in nursing: Fidelity

Answer 20

Faithfulness to commitments

Question 21

Statutory law

Answer 21

Made by legislative branch
Example: nurse practice act in each state (what license covers in state)

Question 22

Common law

Answer 22

Derived from principles rather than rules and regulations

Question 23

Civil law

Answer 23

Based on rules and regulations, compensation

Question 24

Criminal law

Answer 24

Harmful to society
Example: practicing without a license

Question 25

Tort law

Answer 25

Civil wrong, allows compensation Example: malpractice

Question 26

Negligence

Answer 26

Doing or not doing some thing a reasonable person would or would not do in similar situation -Deviation from standard of care -Can be ignorantly negligent

Question 27

Malpractice

Answer 27

Professional negligence -Misconduct or lack of skill in carrying out job -Implies intent

Question 28

Elements of malpractice

Answer 28

Four D’s 1. Duty of care 2. Dereliction of duty (did not provide care) 3. Direct causation 4. Damages

Question 29

Intentional torts

Answer 29

Violating patient’s rights -No actual harm necessary -Most common: assault, battery and false imprisonment 

Question 30

Intentional tort: Assault

Answer 30

Place person in fear of being touched

Question 31

Intentional tort: battery

Answer 31

Touch without permission

Question 32

Intentional tort: false imprisonment

Answer 32

Unjustified detention

Question 33

Quasi intentional torts

Answer 33

No intent to injure or cause stress to another person Protect patient rights -patient abandonment -Defamation of character -Invasion of privacy -breach of confidentiality 

Question 34

Perioperative nursing data sets (PNDS)

Answer 34

Standardize vocabulary for perioperative nursing Recognized by the ANA since 1990 

Question 35

DNR/AND (allow natural death)

Answer 35

AND includes palliative care always End of life wishes Not automatically suspended Conversation between MD and patient to make a plan for surgery Cannot be altered by a nurse