Deck 7: Legal Issues

Question 1

A colleague asks you to give her your password access so that she can view her partner's health care record.This request violates the patient's right to:

A) Privacy.
B) Confidentiality.
C) Undue authorization of treatment.
D) Protection against slander.

Answer 1

Privacy.

Question 2

Mr.M.complains to you that one of your staff asked him details about his sexual relationships and financial affairs.He says that these questions were probing and unnecessary to his care,but he felt that if he refused to answer,the nurse would be angry with him and would not provide him with good care.Mr.M.'s statements reflect concern with:

A) Privacy.
B) Confidentiality.
C) Veracity.
D) Informed consent.

Answer 2

Privacy.

Question 3

To satisfy duty of care to a patient,a nurse manager is legally responsible for all of the following except:

A) Notifying staff of changes to policies related to medication administration.
B) Scheduling and staffing to ensure safe care.
C) Delegating in accordance with practice acts.
D) Supervising the practice of the physician.

Answer 3

Supervising the practice of the physician.

Question 4

Athena,a registered nurse (RN),has been operating an abortion clinic in one of the city's impoverished neighbourhoods.Athena is at risk for professional sanctions involving which behaviour?

A) Negligence.
B) Misconduct.
C) Incompetence.
D) Conduct unbecoming a member of the profession.

Question 5

Which of the following demonstrates a movement away from a culture of blame and liability to one in which a systematic approach is used to enhancing patient safety?

A) Avoiding harmful misrepresentation while assisting patients to understand their health record.
B) Apology letters to patients who experienced an adverse event inadmissible in a court of law.
C) Encouraging full disclosure of adverse events with patient identification information removed.
D) Instituting monthly meetings of a risk management review committee.

Question 6

A staff nurse who was fired for reporting client abuse to the appropriate state agency files a whistle-blower lawsuit against the former employer.Reasons that the court would use in upholding a valid whistle-blower suit claiming retaliation include which of the following?

A) The nurse had previously reported the complaint,in writing,to hospital administration.
B) The nurse had threatened to give full details of the client abuse to local media sources.
C) The nurse was discharged after three unsuccessful attempts at progressive discipline had failed.
D) The nurse had organized,before filing the complaint,a work stoppage action by fellow employees.

Question 7

You volunteer at a community clinic.A 17-year-old girl claims to have a diagnosis of a sexually transmitted infection and presents with Chlamydia.The team leader at the clinic advises that:

A) The age of legal consent is 18; therefore,no treatment can be delivered.
B) The teen is underage and should be referred to the family general practitioner.
C) Care can be provided as long as consent is voluntary and information about treatment and options is provided.
D) Treatment is provided as long as telephone consent is obtained from a parent or legal guardian.

Question 8

A person in a wheelchair is applying for the position of receptionist in an outpatient clinic.The nurse manager understands that the Canadian Charter of Rights and Freedoms (1982)requires that employers:

A) Make reasonable accommodations for persons who are disabled.
B) Allow modified job expectations for persons recovering from alcoholism.
C) Hire disabled individuals before hiring other qualified,nondisabled persons.
D) For purposes of employment,treat homosexuals and bisexuals as disabled.

Question 9

Which level of government is most responsible for hospitals and health care?

A) Local.
B) Provincial.
C) National.
D) International.

Question 10

Which province in Canada does not have a set of common laws?

A) British Columbia.
B) Ontario.
C) Quebec.
D) Newfoundland.

Question 11

A nurse on your inpatient psychiatric unit is found to have made sexually explicit remarks to a patient with a history of previous sexual abuse.The patient sues,claiming malpractice.Which of the following conditions would probably not apply in this situation?

A) Injury.
B) Causation.
C) Breach of duty.
D) Breach of duty of care owed.

Question 12

Which of the following is the least restrictive in governing health care occupations?

A) Association.
B) College.
C) Registration.
D) Certification.

Question 13

The parents of a toddler,who dies after being brought to the emergency room,launch a lawsuit claiming that the failure of nurses to pursue concerns related to their son's deteriorating condition contributed to his death.The senior nurse executive is viewed as:

A) A global respondent.
B) Vicariously liable.
C) Performing a frivolous action.
D) Being under the element of causation.

Question 14

The nurse manager organizes an orientation for new staff members.As part of the orientation the nurse manager reviews the unit's policy and procedure manual,which is a part of which type of law?

A) Employment law.
B) Common law.
C) Written law.
D) Legislated law.

Question 15

As a charge nurse you counsel your RN staff member that he has satisfied his duty of care by notifying a child's physician of his concerns about deterioration in the child's status at 0330 hours.The physician does not come in.The child dies at 0630 hours.As the charge nurse,you could be held liable for:

A) Professional negligence.
B) Assault.
C) Avoidance.
D) Murder.

Question 16

To reduce the incidence of falls in a skilled nursing unit,the nurse manager contacts the risk manager.Risk management is a process in which people attempt to identify potential hazards and:

A) Compensate for previous injuries.
B) Eliminate these risks before anyone else is harmed.
C) Supersede the need for staff members to file incident reports.
D) Discipline staff members who have been involved in previous incident reports.

Question 17

Which of the following is a publicly funded national health care program in Canada?

A) Blue Cross.
B) Hospital Insurance Program.
C) Medicare.
D) Social assistance.

Question 18

The chart of a patient who has undergone abdominal surgery indicates that one set of vital signs were taken at 7 minutes after surgery; the next set were completed 10 hours after surgery.This level of assessment illustrates which element of malpractice?

A) Breach of duty owed the patient.
B) Foreseeability.
C) Causation.
D) Injury or damage.

Question 19

Which of the following is an unregulated health care worker?

A) Pharmacist.
B) Occupational therapist.
C) Practical nurse.
D) Care aide.

Question 20

Which of the following has the highest standard of proof associated with it?

A) Common law.
B) Criminal law.
C) Negligence law.
D) Malpractice law.

Question 21

Sally observes a colleague reading the chart of a patient who is not assigned to him.She approaches him and inquires why he is reading the chart.His reply is he has a similar diagnosis in one of my patients and "I want to see if this information could help me care for my patient." Sally is concerned there is a breach of patient confidentiality and informs her nurse manager of the incident.The term used to describe Sally's reporting this situation is:

A) Duty of care.
B) Negligence.
C) Duty to report.
D) Ethical dilemma.

Question 22

Nurses cannot refuse to work under what circumstances? (Select all that apply.)

A) It is a usual scope of practice.
B) Employer has inadequate supports.
C) Endangers another person.
D) Places nurse in overtime.

Question 23

Battery is termed which of the following? (Select all that apply.)

A) Intentional tort.
B) Intent to touch without consent.
C) Unintentional tort.
D) Exceeds consent given.

Question 24

The term negligence includes which aspects of the following? (Select all that apply.)

A) Is a common type of unintentional tort.
B) Duty to care was breached.
C) There was reasonable foreseeability.
D) May be legally actionable.
E) None of above

Question 25

Nurses who commit wrongful actions include which of the following? (Select all that apply.)

A) Criminal liability.
B) Have no liability.
C) Professional sanctions.
D) Ensures compliance.

Question 26

One of your staff nurses asks for your advice because a patient refuses to sign a consent form for surgery.The patient says that he will not sign because he does not understand the nature of the surgery.You advise that: (Select all that apply.)

A) Consent must not be coerced.
B) The patient has a right to choose not to consent.
C) The patient must sign the consent because the doctor wants him to sign.
D) Witnessing the signing of a consent from is related only to the voluntary nature of the signature.

Question 27

With regard to nursing practice,nurse managers are held responsible for: (Select all that apply.)

A) Practising within legal guidelines established under provincial or territorial law and nurse practice acts.
B) Ensuring that nursing staff members under their supervision are currently licenced to practice.
C) Referring all errors in nursing judgement to state discipline boards.
D) Ensuring that physicians are properly licenced to provide care on patient care units.