Deck 13: Corporate Liability Issues and Employment Laws

Question 1

Which nurses would be most likely to be protected under the Age Discrimination Employment Act of 1967 if fired?

A) A 40-year-old nurse with excellent work history whose replacement is 35 years old
B) A 49-year-old male nurse who held a position in obstetrics
C) A 23-year-old nurse who was told that she was "too young" for the job
D) A 72-year-old nurse who was fired from an OR scheduling position
E) A competent 60-year-old nurse who discovers the nurse hired for his position is 50 years old

Answer 1

A 40-year-old nurse with excellent work history whose replacement is 35 years old
A competent 60-year-old nurse who discovers the nurse hired for his position is 50 years old

Question 2

The nurse and immediate supervisor have a personal conflict. The supervisor warns the nurse that the hospital is an employment-at-will institution. What does that indicate?

A) The nurse must work a given number of hours each week.
B) The nurse can only be dismissed for just cause.
C) The nurse has the choice of working in any hospital unit.
D) The nurse can be dismissed at any time, without cause.

Answer 2

The nurse can be dismissed at any time, without cause.

Question 3

Which statement indicates that a nurse understands how the doctrine of respondeat superior alters his liability for negligent conduct?

A) "If I can prove that this doctrine applies, all of the liability is shifted to the hospital."
B) "Respondeat superior will not alter my liability in any way."
C) "My liability to the patient is reduced by this doctrine."
D) "Since the hospital is liable for my actions, I am liable to my employer to provide competent care."

Answer 3

"Since the hospital is liable for my actions, I am liable to my employer to provide competent care."

Question 4

The hospital acts to revoke the clinical privileges of a physician who has repeatedly refused to respond to emergency calls from nursing staff. Under which doctrine is this action advisable?

A) Respondeat superior
B) Corporate liability
C) Borrowed servant
D) Dual servant

Question 5

The nurse cited "intolerable working conditions" as the reason for resignation. In order to claim constructive discharge, what must the nurse prove?

A) The nurse's performance evaluation was not as good as other nurses on the unit.
B) The workplace stress had increased since hire.
C) The nurse was tired of waiting for a transfer to the day shift that had been promised for 6 months.
D) The employer deliberately created the work condition to force the nurse to resign.
E) Other nurses working on the unit describe the working conditions as intolerable.

Question 6

In an effort to attract clinic physicians, the hospital has agreed to provide a nurse to work in the physician's office. The nurse will work under the direction and supervision of the physician whose clinic is housed with the hospital building. Which doctrine most closely describes the conditions in which this nurse is working?

A) Borrowed servant
B) Dual servant
C) Agent of the principal
D) Independent contractor

Question 7

The nurse who was found to be negligent in a lawsuit was just told by her attorney that the hospital will attempt to recover damages from the nurse pursuant to the principle of indemnification. What will the hospital have to prove for this to occur?

A) The hospital is only liable in the suit because of the employee's actions.
B) The nurse has been employed at the hospital for less than 6 months.
C) The hospital incurred monetary damages because of the employee's actions.
D) The employee has personal professional liability insurance.
E) The money owed by the hospital is in excess of one million dollars.

Question 8

A nurse was granted 12 weeks' leave under the Family and Medical Leave Act for care of an adult son. At the conclusion of the 12 weeks the nurse does not want to return to work. Under which situation might the leave be extended?

A) If the son is under treatment for substance abuse
B) If the son is still too sick to work
C) If the son is a firefighter, police officer, or other public servant
D) If the son is a member of the National Guard

Question 9

A nurse calls the newspaper and reports that circumstances surrounding several deaths in the local hospital are suspicious and that a cover-up is in action. The subsequent article identifies the nurse by name and the nurse is fired. Is the nurse protected under the whistleblower law?

A) No, the report should have been made in person, not by telephone.
B) Yes, since a death occurred, any action to expose the situation is appropriate.
C) Yes, the nurse's action is one that any reasonable and prudent citizen would take.
D) No, the allegations should have been made to the appropriate authorities.

Question 10

The hospital has been sued for the actions of a nurse employee. The hospital proves that the nurse was not providing care within the scope of employment as a nurse. Can the hospital still hold liability in this case?

A) Yes, if the plaintiff can prove the nurse was incompetent and that the hospital was aware of the incompetence.
B) No, the doctrine of ostensible authority relieves the hospital of liability related to a rogue employee.
C) Yes, the hospital is automatically liable for the action of any employee.
D) No, at this point the nurse is considered a "lone ranger" and the hospital is not liable for the nurse's actions.

Question 11

The female nurse works in a nursing home where many of the patients are military service veterans. She discovers that a male nurse with whom she works makes $2.80 per hour more than she makes. In which situations could this be legal under affirmative action?

A) The male nurse's yearly evaluations are better than the female nurse's.
B) The male nurse is friendlier and gets along better with the male patients.
C) The male nurse is also a veteran.
D) The male nurse is physically stronger than the female nurse.
E) The male nurse has worked in the facility 3 years more than the female nurse.

Question 12

A patient who is well known to be violent arrives by ambulance at the emergency department for care of a laceration. What actions should be taken?

A) Sedate the patient prior to repairing the laceration.
B) Send the patient to another hospital.
C) Use a buddy system when providing care.
D) Restrain the patient prior to repairing the laceration.
E) Assign the most experienced nurse to work with this patient.

Question 13

The hospital has outsourced housekeeping services to an independent contractor. A patient who was injured in a fall on wet flooring brings suit against the company. Does the hospital also hold liability?

A) Yes, secondary to the doctrine of borrowed servant
B) No, secondary to the doctrine of respondeat superior
C) Maybe, secondary to the doctrine of dual servant
D) Perhaps, secondary to the doctrine of ostensible authority

Question 14

The nurse says, "I don't want to take care of these patients anymore. I spend my whole day getting patients up to the bathroom or to the bedside chair. My back hurts so badly by the end of my shift." How should the nurse manager interpret this statement?

A) This nurse is likely burned out and needs a few days off work.
B) The nurse should be transferred to a different unit.
C) Additional assessment of the meaning of this statement is necessary.
D) The nurse should be educated about use of lift equipment.

Question 15

Which legal doctrine cannot apply to a nurse's practice as a private duty nurse?

A) Res ipsa loquitur
B) Negligent cause of action
C) Personal liability
D) Respondeat superior