LM 2 WK1 question Flashcards
Which steps will help the nurse minimize the risk of nursing malpractice?SATA
a) Attending relevant continuing education programs to upgrade clinical skills.
b) Observing all facility policies and procedures when providing care.
c) Asking each patient to sign an informed consent before care is given.
d) Periodically reviewing the scope of practice for nurses.
e) Maintaining liability insurance independent of that provided by the facility.
a,b,d,e
Rationale:
The three major areas of focus in the call to action are to prevent injuries, improve communication, and examine mechanisms for injury compensation.
Nurses then can reduce the risk of malpractice claims.
Nurses should also purchase their own liability insurance and understand the limits of their policies. Although this will not prevent a malpractice suit, it should help protect a nurse from financial ruin should there be a malpractice claim.
Obtaining a patient consent for all care is not necessary and won’t protect against the omission of appropriate care
The term used to identify the omission of doing something that a reasonable person would do, guided by the considerations that ordinarily regulate human affairs is:
Malpractice
Scope of practice
Breach of duty
Negligence
Negligence
Rationale:
Negligence is a form of malpractice.
Scope of practice identifies the limits of practice.
Breach of duty involves the failure to uphold a standard of care.
A nurse manager must be aware of what is happening on the unit to prevent injury to the patient and exposing the staff to a potential malpractice situation. What steps would the nurse manager take to accomplish this? SATA
a) Assuring adequate staffing.
b) Providing disciplining those who provide inappropriate care.
c) Regularly checking the credentials of current nursing staff.
d) Arranging for relevant staff in-services regarding the operation of equipment.
e) Personally monitoring the care provided by new nursing staff.
a,b,c,d
Rationale:
Managers have some legal responsibility for the quality control of nursing practice at the unit level, including such duties as reporting dangerous understaffing, checking staff credentials and qualifications, and carrying out appropriate discipline.
Health-care facilities may also be held responsible for seeing that staff know how to operate equipment safely.
The monitoring of new nursing staff is not the sole(only) responsibility of the nursing manager, but that of the mentor(adviser).
Which situations are necessary components for malpractice to occur? SATA
a) A standard of care must be in place whereby the provider has accepted duty for the patient.
b) The practitioner has failed to meet a standard of care, also called a ‘breach of duty.’
c) Foreseeability of harm must exist.
d) A perception that patient injury may occur.
e) A direct connection between care given and injury must be present.
a,b,c,e
Rationale:
Duty to provide care, failure to meet standards of care, existence of foreseeable harm, a direct relationship between care provided and injury, and actual harm are the necessary components related to malpractice.
What information is accurate when describing the Nurse Practice Acts? SATA
a) They focus on the practice of the professional nurse
b) They identify actions that fall outside of the nurse’s scope of practice
c) The focus of the acts can vary greatly from state to state
d) When considering the law, they are an example of a statute
e) They need to be consistent with applicable federal statures
a,b,d,e
Rationale:
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, thereby 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.
Which statement is true about an incident report? SATA
a) The document is generally considered confidential.
b) A disclosed(revel) incidence report can be subpoenaed(attend the court hearing) in court.
c) An entry about the existence of an incident report should be made in the medical record.
d) The chart should contain all the variables related to the incident.
A copy of the incident report should be attached to the medical record.
a,b,d
Rationale
An incident report, also called a variance or occurrence report, is used by healthcare agencies to document the occurrence of anything out of the ordinary that results in, or has the potential to result in, harm to a patient, employee, or visitor.
While no notation of such a report should be mentioned in or attached to the medical record, a complete factual account of the incident; the date, time, and place of the incident; pertinent characteristics of the person or people involved (e.g., alert, ambulatory, asleep) and of any equipment or resources being used; and any other variables believed to be important to the incident should be described in the medical record. This report is confidential, but under certain circumstances they can be subpoenaed in court.
The nurse manager has an obligation to act as advocate for which entities(system)? SATA
a) The patient
b) The staff
c) Themselves
d) The profession
e) The institution
a,b,c,d
Rationale:
Nursing leaders and managers recognize that they have an obligation not only to advocate for the needs of their patients, subordinates, and themselves at a particular time but also to be active in furthering the goals of the profession. While they have obligations to the employer, they are not their advocate.
obligation=duty
What is the nurse’s best safeguard against legal prosecution?
a) Collective bargaining
b) Written or implied contracts
c) Competent practice
d) Patient education
c
Rationale
Competent practice is the nurse’s most important and best legal safeguard. Each nurse is responsible for making sure their educational background and clinical experience are adequate to fulfill their responsibilities as a professional nurse.
a complex integration of knowledge including professional judgment, skills, values and attitude.
A nurse explains the informed consent form to a patient who is scheduled for heart bypass surgery. Which elements are considered essential to the effective establishment of informed consent? SATA
a) Full disclosure of information regarding the procedure
b) Comprehension(understanding) of the information by the patient or guardian
c) Competence(capability) of the patient must be determined prior to consent
d) Information must be provided by a professional nurse
a,b,c
Rationale:
Informed consent is obtained only after the patient receives full disclosure of all pertinent information regarding the surgery or procedure, and only if the patient understands the potential benefits and risks associated with doing so.
If competency is in question, consent is required of the identified guardian. The information is provided by the professional performing the procedure and is required in situations involving clinical research.
What rights do patients have? SATA
a) The right to respectful care free of discrimination
b) The right to protection of their privacy
c) The right to informed consent
d) The right to inexpensive treatment
e) The right to end treatment without physician consent
a,b,c,e
Rationale:
Patient rights are a list of guarantees for those getting medical care. They assure that the healthcare system is fair and that it is working to meet the needs of the patient.
Which legal act gives patients the right to determine their desired end-of-life care?
a) Patient’s Bill of Rights
b) Patient Self-Determination Act
c) Kassebaum-Kennedy Act
d) Health Insurance Portability and Accountability Act
b
Which behaviors by a nurse can result in the suspension or revocation of the nursing license? SATA
a) Being convicted of professional negligence
b) A felony conviction for drug use
c) Failing to report an incident of substandard nursing care
d) Practicing on an expired nursing license
e) Conviction for failure to pay court-ordered child support
a,b,c,d
Rationale:
Common causes of suspension or revocation of a nursing license include professional negligence; felony(crime) conviction(berife) for a crime that is related to nursing duties such as drug use but not failure to pay child support; practicing nursing without a license, such as on an expired license; and failure to report substandard medical and/or nursing care.
How can the nurse manager best minimize the personal risk for legal liability? 法的責任
a) Creating a work environment that prioritizes patient needs
b) Possessing a working knowledge of current laws affecting nursing practice
c) Upholding the enforcement of laws, rules, and regulations affecting patient care
d) Dealing with all members of the staff and all patients in a nondiscriminatory fashion
a
Rationale:
caring, respect, and honesty as part of nurse–patient relationships are emphasized. If these functions and roles are truly integrated, the risks of patient harm and nursing liability are greatly reduced. While the remaining options are appropriate, they fall under the broad situation suggested by the correct option.
TheHIPAA ensures strong privacy protections for the patient without threatening access to which areas of care? SATA
a) Health care clearinghouses
b) Health care plans
c)Legally reportable information
d) Exchange of patient information among appropriate health care providers
e) Sharing of information with family
a,b,d
Rationale:
The Privacy Rule applies to health plans, health care clearinghouses(bank), and health care providers. Information is not shared with family unless specific permission is given by the patient. Legally reportable information is not limited by this act.
It is appropriate to make a change for which reason? Select all that apply.
A) To solve an existing problem
B) To increase staff efficiency
C) To reduce unnecessary workload
D) To improve staff productivity
A, B, C, D
Feedback:
Change should be implemented only for good reasons such as the solution of an existing
problem, increasing staff efficiency, eliminating unnecessary workload and improving
productivity.
Boredom(tired) alone is not a sufficient reason to institute change.