Chapter 08: Legal Issues in Nursing and Health Care Cherry: Contemporary Nursing:
Issues, Trends, and Management, 9th Edition
MULTIPLE CHOICE
1. A client arrives in active labor and exhibits toxemia with irregular fetal heart tones. theclient is
an immigrant and is uninsured. Which act would prevent theclient from being transferred to
another facility?
a. The Emergency Medical Treatment and Active Labor Law
b. Health Insurance Portability and Accountability Act
c. Patient Self-Determination Act
d. The Patient Safety and Quality Improvement Act
ANS: A
The Emergency Medical Treatment and Active Labor Law is a federal statute that was
enacted in 1986 to prohibit thetransfer of unstable clients, including women in labor, from
one facility to another. This law also prohibits refusal of care for indigent and uninsured
clients who seek medical assistance in theemergency department.
DIF:Comprehension
2. A nurse is caring for a client with malignant hypertension whose blood pressure has increased
by 40 mm Hg during thepast hour. thenurse goes to lunch and fails to report thechange to
thephysician. thenurse is at risk for being charged with which legal claim? a. Negligence
b. Assault
c. Defamation of character
d. Tort
ANS: A
Negligence is defined as failure to act in a reasonable and prudent manner. themost frequent
allegations of nursing negligence include failure to ensure client safety, improper treatment,
failure to monitor theclient and report significant findings, medication errors, and failure to
follow theagency‘s policies and procedures.
DIF:Comprehension
3. A nurse is caring for a client who just suffered a stroke and is medicated for pain. thenurse
completes thefollowing interventions: places theclient on theexamining table, completes a
thorough history and physical, covers theclient with a sheet, places thecall button within reach,
and goes out in thehall to speak with theclient‘s primary care provider. theclient tries to get up
to speak with his family and falls, sustaining a hematoma on thehead and a broken hip.
thenurse‘s actions reflect which legal claim?
a. Invasion of privacy
b. Libel
c. Slander
, d. Negligence
ANS: D
The nurse is failing to ensure client safety after medication administration; this is defined as
negligence.
DIF:Comprehension
4. A nursing student planning to apply for licensure knows that being charged with which offense
would result in a misdemeanor criminal offense? a. Solicitation of illegal drugs
b. Stealing a car
c. Failing to report elder abuse
d. Billing Medicare for services not rendered
ANS: C
Failing to report elder abuse can lead to penalty of fine or imprisonment and is tried as a
misdemeanor offense.
DIF:Comprehension
5. When differentiating between slander and libel, thenurse knows that libel is characterized by
what action?
a. Defamation caused by subjective comments written in thenurse‘s notes
b. Negative subjective comments made to those who are not providing care
c. Verbally describing to theoncoming nurse assigned to theclient objective data that place
theclient in a negative light
d. Repeating prejudiced comments made by theprimary caregiver to a neighbor at thelocal
supermarket
ANS: A
Libel is defined as comments that are written about a person that are defaming. Nurses may
be subject to a charge of libel for subjective comments meant to denigrate theclient that are
placed in themedical record or in other written materials read by others. Slander refers to an
injury to one‘s reputation caused by thespoken word.
DIF:Comprehension
6. A client states, ―I am leaving. No one here knows what they are doing.‖ thenurse completing
theAgainst Medical Advice form must implement what intervention to best assure client
safety?
a. Notify theprimary health care provider of theclient‘s wish to leave.
b. Alert family that theclient will be leaving thefacility.
c. Inform theclient that leaving could result in complications and impairment.
d. Require security staff to accompany theclient to thefacility‘s main entrance.
Issues, Trends, and Management, 9th Edition
MULTIPLE CHOICE
1. A client arrives in active labor and exhibits toxemia with irregular fetal heart tones. theclient is
an immigrant and is uninsured. Which act would prevent theclient from being transferred to
another facility?
a. The Emergency Medical Treatment and Active Labor Law
b. Health Insurance Portability and Accountability Act
c. Patient Self-Determination Act
d. The Patient Safety and Quality Improvement Act
ANS: A
The Emergency Medical Treatment and Active Labor Law is a federal statute that was
enacted in 1986 to prohibit thetransfer of unstable clients, including women in labor, from
one facility to another. This law also prohibits refusal of care for indigent and uninsured
clients who seek medical assistance in theemergency department.
DIF:Comprehension
2. A nurse is caring for a client with malignant hypertension whose blood pressure has increased
by 40 mm Hg during thepast hour. thenurse goes to lunch and fails to report thechange to
thephysician. thenurse is at risk for being charged with which legal claim? a. Negligence
b. Assault
c. Defamation of character
d. Tort
ANS: A
Negligence is defined as failure to act in a reasonable and prudent manner. themost frequent
allegations of nursing negligence include failure to ensure client safety, improper treatment,
failure to monitor theclient and report significant findings, medication errors, and failure to
follow theagency‘s policies and procedures.
DIF:Comprehension
3. A nurse is caring for a client who just suffered a stroke and is medicated for pain. thenurse
completes thefollowing interventions: places theclient on theexamining table, completes a
thorough history and physical, covers theclient with a sheet, places thecall button within reach,
and goes out in thehall to speak with theclient‘s primary care provider. theclient tries to get up
to speak with his family and falls, sustaining a hematoma on thehead and a broken hip.
thenurse‘s actions reflect which legal claim?
a. Invasion of privacy
b. Libel
c. Slander
, d. Negligence
ANS: D
The nurse is failing to ensure client safety after medication administration; this is defined as
negligence.
DIF:Comprehension
4. A nursing student planning to apply for licensure knows that being charged with which offense
would result in a misdemeanor criminal offense? a. Solicitation of illegal drugs
b. Stealing a car
c. Failing to report elder abuse
d. Billing Medicare for services not rendered
ANS: C
Failing to report elder abuse can lead to penalty of fine or imprisonment and is tried as a
misdemeanor offense.
DIF:Comprehension
5. When differentiating between slander and libel, thenurse knows that libel is characterized by
what action?
a. Defamation caused by subjective comments written in thenurse‘s notes
b. Negative subjective comments made to those who are not providing care
c. Verbally describing to theoncoming nurse assigned to theclient objective data that place
theclient in a negative light
d. Repeating prejudiced comments made by theprimary caregiver to a neighbor at thelocal
supermarket
ANS: A
Libel is defined as comments that are written about a person that are defaming. Nurses may
be subject to a charge of libel for subjective comments meant to denigrate theclient that are
placed in themedical record or in other written materials read by others. Slander refers to an
injury to one‘s reputation caused by thespoken word.
DIF:Comprehension
6. A client states, ―I am leaving. No one here knows what they are doing.‖ thenurse completing
theAgainst Medical Advice form must implement what intervention to best assure client
safety?
a. Notify theprimary health care provider of theclient‘s wish to leave.
b. Alert family that theclient will be leaving thefacility.
c. Inform theclient that leaving could result in complications and impairment.
d. Require security staff to accompany theclient to thefacility‘s main entrance.
