Deck 7: Nursing and the Law: What Are the Rules?

Question 1

The term used to describe a competent patient's agreement to have a surgical procedure after the physician explains the procedure, the desired outcome, possible complications, and possible alternative treatment is

A) statute.
B) competency.
C) informed consent.
D) standard of care.

Answer 1

informed consent.

Question 2

The instructor tells an SP/VN, "You have functioned at a substandard level of clinical performance recently. Now you have a chance to redeem yourself. I'm assigning you to a complex nursing situation. I expect you to function without asking for assistance." What is the most accurate assessment of the instructor's action?

A) The action will enable the instructor to determine whether the student should pass or fail the course.
B) The instructor is accountable for making an unsafe patient care assignment.
C) It is an acceptable teaching practice to challenge students to higher levels of performance.
D) The instructor should be investigated for fraud by the state board of nursing.

Answer 2

The instructor is accountable for making an unsafe patient care assignment.

Question 3

The nurse discusses the patient's condition on the phone with the patient's brother. On learning this, the patient is upset, saying he has not spoken with his brother for years and does not want his brother to know anything about his condition. The nurse has

A) slandered the patient.
B) committed a felony.
C) breached confidentiality.
D) assaulted the patient.

Answer 3

breached confidentiality.

Question 4

With regard to HIPAA implementation, the LPN/LVN who is newly employed at a health care agency should

A) realize that enough was learned about the provisions of the act in school to function effectively at work.
B) be aware that each agency may interpret HIPAA provisions somewhat differently.
C) operate on the assumption that all agency privacy practices are similar.
D) depend on the HIPAA website to provide all necessary job-related information.

Question 5

How should an LPN/LVN explain the term accountability to a student nurse?

A) "Accountability is the transfer of responsibility for wrong actions."
B) "Accountability is shared responsibility with the physician for wrongdoing."
C) "Accountability is assuming personal responsibility for one's nursing actions."
D) "Accountability is giving up responsibility when the situation dictates."

Question 6

A nurse who angrily tells a patient, "If you don't go to sleep, I'm going to give you an injection," can be accused of

A) defamation.
B) breach of confidentiality.
C) assault.
D) respondeat superior.

Question 7

A nurse is found liable for battery. What does this mean?

A) The nurse threatened the patient, causing fear of bodily harm.
B) The nurse, without consent, touched the patient in a way that caused harm.
C) The nurse detained the patient against his will.
D) The nurse incorrectly performed a procedure that is within her scope of practice.

Question 8

A resident asks an LPN/LVN, "What is meant by the practical/vocational nurse's standard of care in a long-term care agency?" The LPN/LVN should respond, "The practical/vocational nurse who provides care for residents in a long-term care agency must implement care that is consistent with

A) shortcuts acceptable to the agency that allow nurses to assume larger and more complex patient assignments."
B) care that an ordinary, prudent LPN/LVN with the same education and experience would perform in similar circumstances."
C) the minimum competency necessary to function as a health care giver in the state in which the nurse resides."
D) customs of the agency in which the nurse is employed."

Question 9

Which of the following is an example of breach of duty?

A) The LPN/LVN walks off the unit during the shift.
B) The LPN/LVN resigns from the position.
C) The LPN/LVN delegates duties to unlicensed assistive personnel.
D) The LPN/LVN does not perform duties according to the standard of care.

Question 10

Legally, student practical/vocational nurses are held to the level of performance

A) described in the job description for nursing assistants.
B) described in the outline/syllabus of the course in which the student is enrolled.
C) of the LPN/LVN.
D) of the LPN/LVN instructor.

Question 11

The instructor tells a student nurse, "You have functioned at a substandard level of clinical performance recently. Now you have a chance to redeem yourself. I'm assigning you to a complex nursing situation. I expect you to function without asking for assistance." The most appropriate response from the student nurse would be

A) "I'll try my best, but I will need someone on staff to answer my questions."
B) "Is this your way of asking for my resignation from the program?"
C) "I cannot accept the assignment. Complex nursing situations are beyond my abilities."
D) "You'd better remember that if anything goes wrong, the hospital will hold you responsible."

Question 12

The patient tells the nurse, "I want to make sure that my daughter can make health care decisions for me in the event I'm unable to make decisions for myself. What do I need to do?" The nurse should advise the patient that he or she needs to execute a(n)

A) living will.
B) civil action.
C) informed consent.
D) durable medical power of attorney.

Question 13

When documenting patient behavior, the LPN/LVN should

A) record subjective interpretations of patient behavior.
B) avoid mentioning communicating with supervisors to report changes in condition.
C) record all interventions performed and patient instruction given.
D) Use white-out to erase errors in documentation.

Question 14

A patient tells the LPN/LVN, "I want you to bring my medical record so I can read it. I know HIPAA gives me the right to see it." The LPN/LVN should

A) bring the record from the nurses' station to the patient within the hour.
B) explain that the request will be made to the RN, who will follow agency policy.
C) try to talk the patient out of seeing the record by offering to answer questions.
D) tell the patient to make the request in writing to the physician.

Question 15

Civil law is concerned with

A) acts that threaten society.
B) decision making based on the nursing process.
C) intentional and unintentional torts.
D) guilt associated with criminal behavior.

Question 16

The student nurse caring for a patient with a large decubitus ulcer photographs the ulcer without obtaining permission from the patient. The patient developed the ulcer while being cared for at home by her physician husband. The student plans to give the patient's history and use the photograph in a paper she is writing. The instructor explains to the student that this action is unacceptable and could result in a court action for

A) battery.
B) malpractice.
C) negligence.
D) libel.

Question 17

Patient A, who has Alzheimer's disease, wanders and is often noisy and intrusive. The patient has a prn order for haloperidol (Haldol) IM for assaultive behavior. At report, the LPN/LVN charge nurse explains that staffing is poor and she is unable to provide the supervision the patient needs. She directs the medication nurse to administer the patient's prn haloperidol q4h during the shift. This action constitutes

A) negligence.
B) libel.
C) assault.
D) false imprisonment.

Question 18

An example of a criminal action committed by a nurse is

A) restraining a patient without a physician's order.
B) releasing information without the patient's consent.
C) discontinuing a ventilator without a physician's order.
D) making a medication error.

Question 19

A new LPN/LVN passes the NCLEX-PN examination and obtains licensure in state X. The LPN/LVN wishes to work in a state other than state X but is unsure of how to proceed. Which statement provides sound advice in this situation?

A) The effect of current national licensure allows a nurse licensed in one state to work in any other state for a maximum of 2 years without applying for endorsement.
B) The nurse can work legally in any state that borders state X without applying for endorsement.
C) The nurse should contact the state board of nursing of the state in which she wishes to work to determine whether they have multistate licensure with state X.
D) The nurse should apply to take the NCLEX-PN examination in the state in which she wishes to work.

Question 20

To function within the scope of the law, the nurse must know that the legal duties and functions of the nurse in a given state are determined by the

A) U.S. Constitution.
B) Bill of Rights.
C) bylaws of the professional organization.
D) Nurse Practice Act of the state.

Question 21

Individual A has worked as an LPN/LVN for a year. The agency where she works discovers that the registration document she presented at the time she was hired was altered to remove the name of the rightful registrant and show her name instead. What are the possible outcomes of this situation? (Select all that apply.)

A) The state board of nursing, when notified, will charge the nurse with fraud and deceit.
B) The agency will terminate the employment of the individual.
C) The agency will notify all patients for whom the individual cared to determine injury.
D) The individual will be arrested for misrepresentation.
E) The individual's license to practice will be revoked.

Question 22

What is the nurse's responsibility regarding an improper medical order that, if carried out, may harm a patient?

A) The nurse must carry out the orders as written without questioning.
B) The nurse must go directly to the physician and, if necessary, refuse to carry out the order.
C) The nurse must go directly to the patient and ask the patient to make a decision about the order.
D) The nurse should carry out the order and then immediately resign so as not to be held responsible.

Question 23

A legal document that describes the kinds of medical or life-sustaining treatments the person would want if seriously or terminally ill is known as a ________________.

Question 24

A nurse damages a patient's reputation by verbalizing private information about the patient to a third party. This is an example of

A) libel.
B) assault.
C) battery.
D) slander.

Question 25

A nurse damages a physician's reputation through false written communication without the physician's permission. This is an example of

A) libel.
B) assault.
C) battery.
D) slander.

Question 26

An example of statutory law is

A) informed consent.
B) the Nurse Practice Act.
C) a patient's right to refuse treatment.
D) a hospital's written policies and procedures.

Question 27

Which of the following is true regarding informed consent?

A) Informed consent must be obtained for surgical procedures only.
B) Parents can give informed consent for the treatment of their children.
C) Informed consent means the patient is informed in medical language.
D) A patient is informed that he or she has the right to revoke consent at any time.

Question 28

An example of battery is

A) a patient who refuses to be suctioned and is suctioned anyway after refusal.
B) a patient who uses the call light and yells out repeatedly is threatened with bodily harm.
C) a patient who threatens to leave the hospital against medical advice is told she will be restrained.
D) a patient who refuses to take his medications is threatened with being forcibly given the medications.

Question 29

Which statement is true regarding durable medical power of attorney and living wills?

A) They set standards for care of terminally ill patients by nurses.
B) They allow patients a voice about medical interventions after they are incapable of acting.
C) They prevent occurrences of intentional torts.
D) They complicate ethical decision making for nurses.

Question 30

A nursing student is assigned to care for a patient who requires several technical procedures. The student was busy and did not prepare in advance for the assignment. In preconference, the student is unable to describe the care to be given. The instructor would be justified in

A) telling the student to be very careful during caregiving.
B) sending the student off duty and turning the patient's care over to staff.
C) suspending the student.
D) dismissing the student from the program.

Question 31

Nurse A is assigned to care for a patient with diabetes who is being regulated on new types of insulin. The patient performs most of her own care and rarely uses the call bell to summon the nurse. The nurse knows this and leaves the patient unobserved most of the shift. Just before change of shift report, the aide reports that she cannot rouse the patient. The patient has entered a vegetative state as the result of brain damage related to severe hypoglycemia. Which, if any, of the four elements needed to prove malpractice are present? (Select all that apply.)

A) Duty
B) Breach of duty
C) Damages
D) Proximate cause
E) No elements are present

Question 32

A risk management strategy a nurse can use to prevent being named in malpractice lawsuits is

A) carrying malpractice insurance.
B) requesting supervision for all care.
C) not signing her or his name to patient medical records.
D) maintaining good relationships with patients and families.

Question 33

Which statements are accurate with regard to a living will? (Select all that apply.)

A) An attorney is required to draft a living will.
B) Living wills are recognized as legal documents in Canada.
C) A living will does not let the person select someone to make decisions for them.
D) Living wills are recognized as legal documents in 47 states in the United States, the District of Columbia, and Guam.
E) The living will is filled out by the individual and witnessed by a person who will benefit by the death of that individual.
F) A living will is a legal document that describes the kind of medical or life-sustaining treatments the person would want if seriously or terminally ill.

Question 34

In the following list, identify the instances of possible malpractice. (Select all that apply.)

A) The nurse accidentally administers an excessively large dose of a prescribed medication, and the patient becomes comatose.
B) The nurse runs a red light en route to work and causes an auto accident in which three people are seriously injured and one dies.
C) The nurse notes the patient's poor capillary return distal to a cast, becomes busy and does not report it, and the patient later loses limb function.
D) The nurse discusses a patient's condition in a disparaging way in a hospital elevator and is overheard by the patient's husband.