Unit 1 - Legal and Ethical Responsibilities Flashcards
Berman Book - Chapter 2
It is a civil wrong committed against a person or a person’s property and usually litigated in court by civil action between individuals.
A Tort
Berman Book - Chapter 2
What are some examples of unintentional torts?
Negligence
Malpractice
Berman Book - Chapter 2
Define negligence
It is a misconduct or practice that is below the standard expected of an ordinary, reasonable, and prudent person. Such conduct places another person at risk for harm.
Berman Book - Chapter 2
What is gross negligence?
Involves extreme lack of knowledge, skill, or decision making that the person clearly should have known would put others at risk for harm.
Berman Book - Chapter 2
Define malpractice
It is “professional negligence” or negligence that occurred while the person was performing as a professional.
Berman Book - Chapter 2
What are the five elements that must be present for a case of nursing malpractice to be proven:
- Duty
- Breach of Duty
- Foreseeability
- Causation
- Harm or injury
Berman Book - Chapter 2
What are some examples of intentional torts?
Assault Battery False imprisonment Invasion of privacy Defamation Libel Slander
Berman Book - Chapter 2
What is Libel?
It is defamation by means of print, writing, or pictures. Communication that is false or made with a careless disregard for the truth and results in injury to the reputation of the person.
Berman Book - Chapter 2
What is slander?
It is defamation by spoken word, stating unprivileged or false words by which a reputation is damaged.
Berman Book - Chapter 2
What is an expressed contract?
When two parties discuss and agree orally or in writing, to terms and conditions during the creation of the contract. (i.e. during the employment interview)
Berman Book - Chapter 2
What is an implied contract?
It is one that has not been explicitly agreed to by the parties but that the law nevertheless considers existing. (i.e., A nurse is expected to be competent and to follow hospital procedures, even if these expectations were not written or discussed)
Berman Book - Chapter 2
What are Good Samaritan Acts?
Laws designed to protect health care providers who provide assistance at the scene of an emergency against claims of malpractice. (as long as no money is exchanged for the services)
Berman Book - Chapter 2
What was the act that was implemented in 1991 and requires all health care facilities receiving Medicare and Medicaid reimbursement to recognize advance directives, ask clients whether they have advance directives, and provide educational materials advising clients of their rights to declare the right to declare their personal wishes regarding treatment decisions, including the right to refuse medical treatment?
The Patient Self-Determination Act
Berman Book - Chapter 2
What are advanced health care directives?
They are a variety of legal and lay documents that allow persons to specify aspects of care they wish to receive should they become unable to make or communicate their preferences.
Berman Book - Chapter 2
What are the two types of health care directives?
The living will
The health care proxy or surrogate
Berman Book - Chapter 2
What is nonmaleficence?
The duty to “do no harm”
Berman Book - Chapter 2
What is beneficence?
means “doing good”
Berman Book - Chapter 2
What is justice?
Referred to as “fairness”. Nurses must provide equal care to everyone.
Berman Book - Chapter 2
What is fidelity?
Keeping one’s promise. To be faithful to agreements and promises. (i.e., a nurse promises a patient, “I’ll be right back with your pain medication”)
Berman Book - Chapter 2
What is veracity
To tell the truth
Berman Book - Chapter 2
A primary care provider’s orders indicate that a surgical consent form needs to be signed. Since the nurse was not present when the primary care provider discussed the surgical procedure, which statement best illustrates the nurse fulfilling the client advocate role?
A. “The doctor has asked that you sign this consent form.”
B. “Do you have any questions about the procedure?”
C. “What were you told about the procedure you are going to have?”
D. “Remember that you can change your mind and cancel the procedure.”
C. “What were you told about the procedure you are going to have?”
Berman Book - Chapter 2
Although the client refused the procedure, the nurse insisted and inserted a nasogastric tube in the right nostril. The nurse has committed which of the following?
A. An unintentional tort
B. Assault
C. Invasion of privacy
D. Battery
D. Battery
Berman Book - Chapter 2
A primary care provider prescribes one tablet, but the nurse accidentally administers two. After notifying the primary care provider, the nurse monitors the client carefully for untoward effects of which there were none. Is the client likely to be successful in suing the nurse for malpractice?
A. No, the client was not harmed.
B. No, the nurse notified the physician.
C. Yes, breach of duty exists.
D. Yes, foreseeability is present
A. No, the client was not harmed.
Berman Book - Chapter 2
A nursing student is employed and working as an unlicensed assistive personnel (UAP) on a busy surgical unit. The nurses know that the UAP is enrolled in a nursing program and will be graduating soon. A nurse asks the UAP if he has performed a urinary catheterization on clients while in the nursing program. When the UAP says, “Yes,” the nurse asks him to help her out by doing a urinary catheterization on a postsurgical client. What is the best response by the UAP?
A. “Let me get permission from the client first.”
B. “Sure. Which client is it?”
C. “I can’t do it unless you supervise me.”
D. “I can’t do it. Is there something else I can help you with?”
D. “I can’t do it. Is there something else I can help you with?”
Berman Book - Chapter 2
The nurse’s partner/spouse undergoes exploratory surgery at the hospital where the nurse is employed. Which of the following practices is most appropriate?
A. Because the nurse is an employee, access to the chart is allowed.
B. The relationship with the client provides the nurse special access to the chart.
C. Access to the chart requires a signed release form from the client.
D. The nurse can ask the surgeon to discuss the outcome of the surgery.
C. Access to the chart requires a signed release form from the client.
Berman Book - Chapter 2
An ethical issue arises involving the nurse’s assigned client. One of the most important nursing responsibilities in managing this client care situation would be which of the following:
A. Be able to defend the morality of one’s own actions.
B. Remain neutral and detached when making ethical decisions.
C. Ensure that a team is responsible for deciding ethical questions.
D. Follow the client’s and family’s wishes exactly.
A. Be able to defend the morality of one’s own actions.
Berman Book - Chapter 2
Which of the following situations most clearly demonstrates that the nurse is violating the underlying principles associated with professional nursing ethics?
A. The nurse applies fetal monitoring, which hospital policy permits despite literature that both supports and refutes the value of this practice.
B. When asked about the purpose of a medication, a nurse colleague responds, “Oh, I never look them up. I just give what is prescribed.”
C. The nurses on the unit agree to sponsor a fundraising event to support a labor strike proposed by fellow nurses at another facility.
D. A client reports that he didn’t quite tell the doctor the truth when asked if he was following his therapeutic diet at home.
B. When asked about the purpose of a medication, a nurse colleague responds, “Oh, I never look them up. I just give what is prescribed.”
Berman Book - Chapter 2
Following a motor vehicle accident, the parents refuse to permit withdrawal of life support from the child who has no apparent brain function. Although the nurse believes the child should be allowed to die and organ donation should be considered, the nurse supports their decision. Which moral principle provides the basis for the nurse’s actions?
A. Respect for autonomy
B. Nonmaleficence
C. Beneficence
D. Justice
A. Respect for autonomy
Berman Book - Chapter 2
Which of the following statements would be most helpful when a nurse is assisting clients in clarifying their values?
A. “That was not a good decision. Why did you think it would work?”
B. “The most important thing is to follow the plan of care. Did you follow all your doctor’s orders?”
C. “Some people might have made a different decision. What led you to make your decision?”
D. “If you had asked me, I would have given you my opinion about what to do. Now, how do you feel about your choice?”
C. “Some people might have made a different decision. What led you to make your decision?”
ATI - Fundamentals Book Chapter 3
A client decides not to have open heart surgery despite significant blockages is an example of which ethical principle?
A. Beneficence
B. Fidelity
C. Autonomy
D. Nonmaleficence
C. Autonomy
ATI - Fundamentals Book Chapter 3
A nurse offers pain medication to a client who is postoperative prior to ambulation is an example of which ethical principle?
A. Fidelity
B. Justice
C. Nonmaleficence
D. Beneficence
D. Beneficence
ATI - Fundamentals Book Chapter 3
A nurse takes a client outdoors in a wheelchair as promised is an example of which ethical principle?
A. Fidelity
B. Justice
C. Nonmaleficence
D. Beneficence
A. Fidelity
ATI - Fundamentals Book Chapter 3
All clients waiting for a kidney transplant have to meet the same qualifications is an example of which ethical principle?
A. Fidelity
B. Justice
C. Nonmaleficence
D. Beneficence
B. Justice
ATI - Fundamentals Book Chapter 3
A nurse questions a medication prescription as being too extreme in light of the client’s advanced age and unstable condition is an example of which ethical principle?
A. Fidelity
B. Justice
C. Nonmaleficence
D. Beneficence
C. Nonmaleficence
ATI - Fundamentals Book Chapter 3
Which of the following is an ethical dilemma?
A. A nurse on a medical-surgical unit demonstrates signs of chemical impairment.
B. A nurse is overheard telling an older adult client that if he doesn’t stay in bed, she will have to place him in a restraint.
C. Family has conflicting feelings about the initiation of nasogastric tube feedings for their father, who is terminally ill.
D. A client who is terminally ill is hesitant to name her spouse on her durable power of attorney form.
C. Family has conflicting feelings about the initiation of nasogastric tube feedings for their father, who is terminally ill.
ATI - Fundamentals Book Chapter 4
A nurse reviewing a client’s chart discovers that the client’s DNR order has expired. The client’s condition has not been stable today. Which of the following actions should the nurse take?
A. Assume that the client still wishes to be a DNR client.
B. Write a note on the front of the provider order sheet asking that the DNR be reordered.
C. Notify the nurse manager that the DNR order has expired.
D. Call the provider to get the order immediately reinstated.
D. Call the provider to get the order immediately reinstated.
ATI - Fundamentals Book Chapter 4
Which of the following actions by a nurse can minimize her chances of being charged with negligence? (Select all that apply.)
A. Throughly explaining procedures prior to performing them.
B. Approaching the client in a caring manner.
C. Asking the client if she has any questions about her care.
D. Providing care according to the plan of care.
E. Documenting assessments in the client’s medical record.
F. Carrying out the provider’s orders without question.
A. Throughly explaining procedures prior to performing them.
B. Approaching the client in a caring manner.
C. Asking the client if she has any questions about her care.
D. Providing care according to the plan of care.
E. Documenting assessments in the client’s medical record.
ATI - Fundamentals Book Chapter 4
A nurse witnesses an assistive personnel under her supervision reprimanding a client for not using the urinal properly. The AP threatens to put a diaper on the client if he does not use urinal more carefully next time. Which of the following torts is the AP committing?
A. Assault
B. Battery
C. False imprisonment
D. Invasion of privacy
A. Assault
Burke Book - Chapter 1
A choice between two unpleasant alternatives is known as:
A. Ethics.
B. Assessment.
C. Dilemma.
D. Evaluation.
C. Dilemma.
Burke Book - Chapter 1
The ethical principle that involves the nurse doing no harm to clients is:
A. Beneficence.
B. Autonomy.
C. Accountability.
D. Nonmaleficence.
D. Nonmaleficence.
Hint:
NOmaleficence = Duty to do NO harm.
Burke Book - Chapter 1
Laws that limit nursing practice to those licensed and practicing as nurses within a state are known as:
A. scope of practice.
B. statutory law.
C. regulatory law.
D. administrative law.
A. scope of practice.
Burke Book - Chapter 1
The nurse going to the cafeteria with friends begins to tell them about a new client. The nurse says that he is the mother’s neighbor and continues to discuss this medical care. The nurse should understand that this is a violation of:
A. ethics.
B. malpractice.
C. HIPPA
D. standards.
C. HIPPA
Burke Book - Chapter 1
When a nurse administers a medication against the will of a mentally competent client, it is known as:
A. battery.
B. assault.
C. defamation.
D. false imprisonment.
A. battery.
Berman WKBK - Chapter 2
A nurse caring for a client enters into a contract that is which of the following?
A. Implied consent
B. Expressed consent
C. Informed consent
D. Expected
A. Implied consent
Berman WKBK - Chapter 2
Which of the following is true about the nurse practice acts?
A. They provide standard of care.
B. They do not protect the client from harm.
C. They allow the nurse to write orders independently.
D. They place responsibility to care on the physician.
A. They provide standard of care.
Berman WKBK - Chapter 2
A nurse is encouraged to carry liability insurance because:
A. nurses can be sued or countersued.
B. nurses can provide diagnoses for friends.
C. the insurance can provide job security.
D. insurance can provide a tax write-off.
A. nurses can be sued or countersued.
Berman WKBK - Chapter 2
Nurses should always be vigilant and observant and need to report any practices that endanger the health and safety of clients. The reporting of these events is referred to as which of the following?
A. Tattling
B. Squealing
C. Testifying
D. Whistle-blowing
D. Whistle-blowing
Berman WKBK - Chapter 2
Laws that are designed to protect health care providers who offer assistance to a person outside the workplace during a trauma are called which of the following?
A. Good neighbor acts
B. Good Samaritan acts
C. Nurse practice acts
D. Standards of care
B. Good Samaritan acts
Berman WKBK - Chapter 2
Euthanasia is also known as which of the following?
A. Involuntary death
B. Mercy Killing
C. Accidental death
D. A criminal act
B. Mercy Killing
Berman WKBK - Chapter 2
Which state department oversees the state board of nursing?
A. ANA
B. NLN
C. Department of health
D. NCSB
C. Department of health
