Deck 5: Legal and Legislative Issues

Question 1

What defines the legal boundaries of nursing at the state level?

A) The state's Attorney General
B) The Nurse Practice Act
C) The ANA standards of practice
D) The ANA Code for Nurses

Answer 1

The Nurse Practice Act

Question 2

How is the question of whether a nurse acted with reasonable care generally proven?

A) The expert testimony of nursing witnesses
B) The defendant's explanation of what the nurse did
C) The trial judge, after checking the outcome of prior similar court cases
D) The testimony of expert medical witnesses

Answer 2

The expert testimony of nursing witnesses

Question 3

A doctor orders a medical procedure that the staff nurse has reason to believe will harm the patient. Which statement accurately states the legal consequences of carrying out, or refusing to carry out, the procedure?

A) The staff nurse cannot be held legally liable for any harm to the patient if the procedure is carried out with due care
B) The nurse may lose his or her license by refusing to carry out the procedure
C) The nurse can be held legally liable for any harm if the procedure is carried out without question
D) The nurse can be held accountable for practicing medicine without a license

Answer 3

The nurse can be held legally liable for any harm if the procedure is carried out without question

Question 4

The nurse witnesses a patient sign an operative permit form. Legally, what does the nurse's signature imply?

A) Observed the client sign the consent form
B) Is certain the client understands the proposed procedure
C) Believe the client is capable of understanding the proposed procedure
D) Assumes the client has had an adequate evaluation to agree to the procedure

Question 5

How is the legal expansion of nursing roles accomplished?

A) The expansion of job descriptions in an agency
B) Written contracts between the nurse and the client
C) A written agreement between the nurse and the physician
D) Revision of the Nurse Practice Act

Question 6

What is the responsibility of a charge nurse who discovers that a medication error was made on the previous shift?

A) Share that information with the charge nurse on the previous shift
B) Document the incident as per hospital policy
C) Write a memo to the nurse who made the error requesting incident report be written
D) Write a note in the client's chart that an incident report will be completed

Question 7

What is the best reason that nurse-managers have an ongoing responsibility to be aware of legislation affecting nursing practice?

A) This will prevent them from getting sued
B) Laws are fluid and subject to change
C) It will protect the agency from a lawsuit
D) It will ensure that correct procedure is carried out

Question 8

Which characteristics are required of a reasonable and prudent nurse?

A) Years of clinically focused nursing experience
B) Specialized nursing skills
C) Average nursing judgment and skills
D) Earned advanced nursing degree

Question 9

A state Nurse Practice Act is an example of which source of law?

A) Statutes
B) Constitution
C) Administrative
D) Judicial

Question 10

A verdict of suspension or loss of licensure represents what type of law?

A) Criminal
B) Civil
C) Administrative
D) Judicial

Question 11

A lawsuit pertaining to professional negligence must include duty, breach of duty, injury, and a causal relationship between breach of duty and injury. What else must be included? Which element is necessary to prove professional negligence? Select all that apply.

A) Breach of duty
B) Presence of injury
C) Ability to foresee harm
D) Causal relationship

Question 12

What component of professional negligence is represented when a patient experiences a seizure resulting from a medication error?

A) Duty to use due care
B) Failure to meet standard of care
C) Foreseeability of harm
D) A causal relationship

Question 13

What component of professional negligence is represented when a nurse fails to look up an unfamiliar medication before administering it?

A) Duty to use due care
B) Failure to meet standard of care
C) Foreseeability of harm
D) A direct relationship between failure to meet the standard of care (breach) and injury can be proved

Question 14

What element must be included in the process of securing informed consent?

A) A timeline of when the treatment is expected to occur
B) Written information on what the post procedure outcomes will be
C) Information regarding the risks involved in the proposed procedure
D) An explanation of the nature of all associated treatment provided by the nurse

Question 15

Which situations is a nurse-manager illegally responsible for reporting? Select all that apply.

A) Suspected incidents of elder abuse
B) Examples of substandard medical care
C) Client-reported incidents of child abuse
D) Confirmed case of a communicable disease

Question 16

What is one way to promote open communication between patients and practitioners?

A) Involving health-care consumers as active members of the health-care team
B) Promoting the creation of cultures of patient safety in health-care organizations
C) Establishing a federal leadership locus for advocacy of patient safety and health-care quality
D) Building an evidence-based information and technology system that impacts patient safety and pursue proposals to offset implementation costs

Question 17

What document permits a registered nurse to offer special skills and knowledge to the public in a particular jurisdiction when such practice would otherwise be unlawful?

A) A state nursing license
B) Institutional licensure
C) ANA certificate
D) ANA practice standards

Question 18

Professional organizations generally espouse standards of care that have what relationship to those required by law? Select all that apply.

A) Higher than those required by law
B) The same as those required by law
C) Are established after those required by law
D) Are established prior to those required by law

Question 19

What is an example of an unintentional tort?

A) Professional negligence
B) Assault
C) Battery
D) False imprisonment

Question 20

Malpractice or professional negligence is the failure of a person with professional training to act in a reasonable and prudent manner. How many components must be present for an individual to be found guilty of malpractice?

A) Three
B) Four
C) Five
D) Six

Question 21

Which statement is true regarding criminal law cases? Select all that apply.

A) Incarceration is a likely consequence of being found guilty of a criminal offense
B) Intentionally giving an overdose of a potent narcotic is a criminal offense
C) A guilty verdict requires evidence beyond a reasonable doubt
D) Most malpractice cases are tried in criminal court

Question 22

Which behavior will best minimize a nurse's risk for a malpractice claim?

A) Always carry a personal liability insurance policy
B) Always function with the state's nursing practice act
C) Ask for assistance when engaged in complicated procedures
D) Devote time to establishing an effective nurse-patient relationship

Question 23

Which statement is true regarding the implications of a Good Samaritan law for a registered nurse? Select all that apply.

A) A nurse has a legal responsibility to provide emergency services
B) Such laws are universally worded so as to minimize state-to-state differences
C) In order for protection to apply, the nursing care cannot be considered negligent
D) A nurse who provided out-of-scope care is not protected by the Good Samaritan law

Question 24

Which action demonstrates appropriate management regarding legal issues? Select all that apply.

A) Remains current on all institutional policies and procedures
B) Delegates with consideration to appropriate scopes of practice
C) Requires physical proof of appropriate professional licensure each year
D) Provides yearly in-services on the operation of newly acquired equipment

Question 25

Which statement best describes the impact that the concept of respondeat superior has on the issue of nursing liability?

A) It allows for joint liability among physicians, nurses, and health-care organizations
B) It supports the sharing of blame among all involved sources of health-care services
C) It encourages legal intervention when health care is thought to be substandard
D) It implies that the institution is responsible for the acts of its employees