Deck 5: Legal Issues

Question 1

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) treat, for purposes of employment, homosexuals and bisexuals as disabled.

Answer 1

make reasonable accommodations for persons who are disabled.

Question 2

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

Answer 2

Common law

Question 3

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

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

Answer 3

Provincial

Question 4

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

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

Question 5

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 6

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 7

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 8

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.

Question 9

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.

Question 10

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.

Question 11

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 12

Which of the following is an unregulated health care worker?

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

Question 13

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 14

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 15

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 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

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 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 surgical.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

Nurses are often "floated" to other patient care areas in health care organizations.One means of ensuring that such nurses are qualified to work in those areas is

A) employing additional staff to assist with orientation processes.
B) cross-educating staff members with regard to other areas of the institution.
C) transferring clients to units where the staffing pattern is optimal.
D) orienting staff members to all patient care areas as part of their general orientation to the institution.

Question 20

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 21

With regard to nursing practice,nurse managers are held responsible for

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.

Question 22

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

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

Question 23

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

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.