Deck 7: Nursing Liability: Defenses

Question 1

A patient, injured at work, was seen by the factory occupational nurse. The nurse treated the wound and instructed the patient to get a tetanus antitoxin injection at the county health department. The patient failed to follow instructions, developed tetanus, and subsequently filed a suit against the nurse. What is the most likely result of the ensuing trial?

A) The nurse is not liable, because tetanus is a reportable disease and the health department should have insisted the patient take the injection.
B) The nurse is liable, because there was no follow-up to ensure that the patient received the injection.
C) The nurse is liable, because tetanus is easily treatable after diagnosis.
D) The nurse is not liable for damages, because the nurse has a right to expect that instructions will be followed.

Answer 1

The nurse is not liable for damages, because the nurse has a right to expect that instructions will be followed.

Question 2

A lawsuit is being tried in a state that recognizes pure comparative negligence. The attorney for the nurse defendant is attempting to prove the plaintiff has some responsibility for the injury that occurred. If this proof can be established, can the plaintiff recover damages?

A) Only if the plaintiff is over 51% at fault
B) Yes, even if the plaintiff is 99% at fault
C) Only if the plaintiff is less than 50% at fault
D) No; if the plaintiff has any fault, damages cannot be recovered.

Answer 2

Yes, even if the plaintiff is 99% at fault

Question 3

The nurse has been sued for defamation after charting that the patient is a prostitute. What is the nurse's best defense in this case?

A) Define the contributing factors.
B) Prove that the statement is true.
C) No defense exists for defamation.
D) Provide hearsay evidence.

Answer 3

Prove that the statement is true.

Question 4

The plaintiff was injured by a defective intravenous catheter. In order to win a product liability case, what must the plaintiff prove first?

A) The intravenous catheter was defective.
B) The intravenous catheter was used incorrectly.
C) The intravenous catheter was sold to him.
D) The hospital purchases the poorly manufactured intravenous catheters.

Question 5

While vacationing in a different state, the nurse encounters an emergency in which a person needs immediate care. What should the nurse assume about the Good Samaritan law of this state?

A) A Good Samaritan law exists in the state.
B) The nurse has a legal obligation to provide emergency care.
C) The nurse will be protected by the Good Samaritan law in the state of licensure.
D) The Good Samaritan law in this state may be different than the one in the state of licensure.
E) There is a standard definition of what constitutes an emergency.

Question 6

A patient refused to ambulate postoperatively and subsequently developed bilateral pneumonia, causing his hospital stay to be lengthened. After discharge, the patient filed a lawsuit claiming his primary nurse was negligent in allowing him to develop pneumonia. What is the nurse's best defense in this case?

A) The patient was told that complications could arise when signing the informed consent form.
B) The patient should have anticipated a longer hospital stay if complications arose.
C) The patient was aware of the substandard care at the time it occurred.
D) The patient's conduct contributed to his complications.

Question 7

In caring for a 6-year-old who entered the emergency center for treatment of a broken arm, the nurse noted that the child had multiple bruises on his trunk and legs. When ed, the child said his father hit him and broke his arm so that the child would remember to be good. What should the nurse do?

A) Chart that the child is a victim of child abuse, so that there is a record of the abuse should such behavior reoccur.
B) Report the incident immediately to the nursing supervisor or physician so that the incident will be reported to the proper authorities.
C) Do nothing, because the nurse cannot prove the child was really abused, and saying anything could open the institution to a possible defamation lawsuit.
D) Downplay the child's comments, because children often exaggerate.

Question 8

A representative from a drug company tells a group of nurses that one of the company's products is unavoidably unsafe. How should the nurses interpret this information?

A) The drug has risks that cannot be eliminated.
B) The benefits of using the medication outweigh its risks.
C) The medication has been recalled by the manufacturer.
D) Patients who have been administered this medication are very likely to have severe side effects.
E) There is no safer medication to use an alternative.

Question 9

The cardiac telemetry unit nurses repeatedly cautioned a patient not to leave the floor because input from telemetry monitors is limited to that area. The patient went to the cafeteria and suffered a fatal dysrhythmia. What is the nurses' best defense in the negligence lawsuit brought for the patient's survivors?

A) Assumption of risk
B) Defense of the fact
C) Immunity
D) Exculpatory agreement

Question 10

In which situations would the manufacturer of a drug designated as unavoidably unsafe be held liable for injuries to a patient receiving the drug?

A) The physician did not educate the patient about the risks of the medication.
B) The physician prescribed the medication after being told that problems with the drug had been corrected.
C) The nurse was not warned of risks by the pharmacist.
D) The nurse did not educate the patient about the risks of the drug.
E) The information printed in the drug information sheet accompanying the medication was wrong.

Question 11

A patient became confused and used a pocket knife to threaten others. The nurse confiscated the knife. What is the nurse's best defense for this action?

A) Privilege
B) Self-defense
C) Necessity
D) Consent

Question 12

The nurse is stopped at the scene of a motor vehicle accident with injury. What actions should the nurse take?

A) Start assessing the injured as is required by all registered nurses.
B) Ask the injured person for permission to help.
C) Move the patient only if it is necessary to prevent further harm.
D) Instruct someone to call for additional aid.
E) Graciously accept any payment the injured patient may offer.

Question 13

When a patient became confused and dangerous to himself and others in the setting, restraints were applied, and the patient was confined to bed. What is the nurse's best defense for applying restraints?

A) Necessity
B) Consent
C) Self-defense
D) Privilege

Question 14

In which scenarios would the nurse assume that apparent consent has been provided?

A) The patient follows directions to swallow sips of water as the nurse inserts a nasogastric tube.
B) The patient's family member signed the consent to treat.
C) The patient smiled and held out his arm when the nurse said, "I need to start an intravenous line."
D) The patient voluntarily signed a consent form for an invasive procedure.
E) An unconscious patient is brought to the hospital following a motor vehicle accident.