Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
TESTBANK Chapter Title: Legal Issues Chapter #: 3 1. The legal standard of care for a nurse's actions is defined as: 1. minimal competency under the Nurse Practice Act. 2. the ability to distinguish what is right or wrong for the patient. 3. the demonstration of satisfactory knowledge of policies and procedures. 4. providing reasonably, prudent care comparable to that of like practitioners. 2. If the nurse refuses to allow an alert, oriented patient to leave the facility against medical advice, the nurse may be alleged to have committed which of the following torts? 1. Assault 2. False imprisonment 3. Negligence 4. Battery 3. The failure to meet an ordinary duty or standard of care resulting in injury is termed: 1. negligence. 2. malpractice. 3. assault. 4. battery. Topic: Legal Cognitive Level: Comprehension Correct answer: 4 Rationale: The nurse is legally obligated to provide reasonable and prudent care comparable to that which would be provided by practitioners facing similar situations Page Reference: 31 Topic: Legal Cognitive Level: Application Correct answer: 2 Rationale: Refusing to allow an alert and oriented patient to leave against medical advice may support an allegation of false imprisonment. Page Reference: 32-33 Topic: Legal Cognitive Level: Comprehension Correct answer: 1 Rationale: The failure to meet an ordinary duty or standard of care resulting in injury is termed negligence. Malpractice is a specialized form of negligence. Page Reference: 33 4. Two nurses talking about a patient's condition in the cafeteria Topic: Legal may lead to allegations of: Cognitive Level: Application 1. slander. Correct answer: 3 2. libel. Rationale: Talking in an unrestricted area that reveals 3. invasion of privacy. confidential information without authorization may support an 4. defamation. allegation of invasion of privacy. Page Reference: 33 5. Malpractice is a specialized form of: Topic: Legal 1. injury. Cognitive Level: Comprehension 2. negligence. Correct answer: 2 3. law. Rationale: Any individual who fails to meet a duty of due care 4. damages. resulting in injury may be alleged to have committed negligence. Only professionals commit malpractice. Page Reference: 34 6. When an employer is held responsible for the injurious acts of its employee, which of the following theories of liability has been applied? 1. Personal 2. Vicarious 3. Corporate 4. Strict 7. The most effective method for risk reduction for liability is: 1. maintaining consistent standards of care. 2. identifying litigious patients. 3. preventing medication errors. 4. following professional standards of care. Topic: Legal Cognitive Level: Knowledge Correct answer: 2 Rationale: Vicarious liability is indirect liability—for example, the liability of an employer for the acts of an employee. Page Reference: 36 Topic: Legal Cognitive Level: Comprehension Correct answer: 4 Rationale: The hallmark of risk reduction is knowledge of the professional standards of care, delivery and documentation of that care, and a consistent showing that the standards are met. Page Reference: 36 Copyright © 2003, Elsevier Science (USA). All rights reserved. 2 8. When the patient signs a consent for an invasive procedure, his consent is termed: 1. waived. 2. implied. 3. express. 4. general. Topic: Legal Cognitive Level: Application Correct answer: 3 Rationale: When the patient communicates consent in writing or verbally, consent is termed express. Page Reference: 38 9. When the patient extends an arm for insertion of an intravenous catheter, his consent is termed: 1. waived. 2. implied. 3. express. 4. general. Topic: Legal Cognitive Level: Application Correct answer: 2 Rationale: Implied consent may be implied in fact from an assumption based on patient behavior. Page Reference: 38 10. Consent requirements are generally waived when: 1. the patient is a minor. 2. an emergency situation exists. 3. the treatment offered is well-understood. 4. an elective procedure is planned. Topic: Legal Cognitive Level: Application Correct answer: 2 Rationale: An emergency situation constitutes an exception 11. As a result of legal relationships that form on employment Topic: Legal Cognitive Level: Knowledge Correct answer: 2 Rationale: The nurse has a legal obligation to provide in critical care, the professional nurse owes the: 1. employer a willingness to work overtime whenever needed. 2. patient the provision of reasonable and prudent care. 3. physician the ability to carry out all written orders. 4. state membership in a professional nursing organization. 12. Restraining an angry, competent patient against his or her wishes is an intentional tort because the nurse: 1. did not document the patient’s need for restraints in the nursing notes. 2. failed to get a physician’s order for restraints. 3. purposefully restrained the patient against his or her wishes. 4. reassured the patient that the restraints were needed to maintain safety. 13. Actions nurses can take to prevent allegations of malpractice include: 1. carrying malpractice insurance. 2. clarifying orders with the nursing supervisor. 3. delegating care to nursing assistants. 4. providing care according to standards of practice. 14. While participating in critical care rounds, the nurse is interrupted by the wife of a ventilated patient, who informs the nurse that her husband is experiencing difficulty breathing. The patient is found disconnected from the ventilator and unresponsive when the nurse enters the room following rounds. This is an example of 1. assault. 2. battery. 3. injury. 4. negligence. to the general requirement of informed consent prior to treatment. Page Reference: 39 reasonable and prudent care in any employment setting as identified in the ANA Code for Nurses. Page Reference: 31 Topic: Legal Cognitive Level: Analysis Correct answer: 3 Rationale: Restraining the patient involved a specific act with purposeful intent. These are the criteria for an intentional tort. Page Reference: 32-33 Topic: Legal Cognitive Level: Comprehension Correct answer: 4 Rationale: Maintaining standards of practice is the best way to reduce risk. Page Reference: 32-33 Topic: Legal Cognitive Level: Synthesis Correct answer: 4 Rationale: All four elements of negligence are present: duty and standard of care, breach of duty, causation, and injury. Page Reference: 34-35 Copyright © 2003, Elsevier Science (USA). All rights reserved. 3 15. Following admission to the ICU a patient shares with the nurse a concern that her adult children will not be able to reach agreement on what to do if she is no longer able to make decisions for herself. The nurse informs the patient that it is possible to grant authority to one person to make decisions by procuring a: 1. court appointed guardian. 2. do not resuscitate order. 3. durable power of attorney for health care. 4. living will. 16. In which of the following situations did the nurse disregard the patient’s right to privacy? 1. Informing the physician that the patient was verbalizing suicidal thoughts. 2. Notifying the health department of a patient’s positive TB diagnosis. 3. Reporting possible dependent adult abuse to the police. 4. Warning a visitor to wear gloves giving a back rub, since the patient is HIV positive. 17. Malpractice insurance: 1. is a contract between the nurse and the lawyer providing counsel. 2. is limited to occurrence based coverage. 3. protects the nurse’s license in the event of a lawsuit. 4. provides protection of personal assets and wages in the event of a lawsuit. 18. During transport to the OR for mitral valve replacement, a patient with a signed consent form says that she doesn’t want to go through with the surgery and asks to be returned to her room. The best response from the nurse is: 1. “The OR is prepared, let’s not keep the surgeon waiting.” 2. “You have the right to cancel surgery, but it could be weeks before you are rescheduled.” 3. “You sound frightened, tell me what you are thinking.” 4. “Your pre-op meds will have you feeling more relaxed in a minute, it will be OK.” 19. Which of the following forms of consent applies when a patient is alone, unconscious, and requires surgery for a life-threatening condition? 1. Expressed 2. Implied 3. Informed 4. Voluntary 20. Which of the following defines the scope of practice for nursing? 1. Hospital policies 2. State Nurse Practice Act 3. State Board of Nursing 4. State Department of Health Topic: Legal Cognitive Level: Application Correct answer: 3 Rationale: This form of advance directive allows the individual to grant legal authority to another to make health care decisions if he or she is no longer competent. Page Reference: 40 Topic: Legal Cognitive Level: Analysis Correct answer: 4 Rationale: Telling the visitor of the patient's HIV status violated the patient’s right to privacy. The nurse could have ensured the visitor’s safety by providing gloves and explaining universal precautions. Page Reference: 36 Topic: Legal Cognitive Level: Knowledge Correct answer: 4 Rationale: Most malpractice policies cover the nurse’s legal fees, expenses related to litigation, and the final award. Page Reference: 36-37 Topic: Legal Cognitive Level: Synthesis Correct answer: 3 Rationale: The patient has the right to withdraw consent at any time. The nurse must listen and then clarify if that is really what the patient desires. If it is, then the surgeon should be notified. Page Reference: 39 Topic: Legal Cognitive Level: Knowledge Correct answer: 2 Rationale: Consent is implied in the law, which maintains that someone in need of emergency care for survival would give consent. Page Reference: 38 Topic: Nurse Practice Act Cognitive Level: Knowledge Correct answer: 2 Rationale: State Nurse Practice Acts establish entry requirements, definitions of practice, and criteria for discipline. Page Reference: 37-38 Copyright © 2003, Elsevier Science (USA). All rights reserved.