C HAPTER 03: L EGAL I SSUES
Urden: Critical Care Nursing, 9th Edition
MULTIPLE CHOICE
1. Why is restraining a competent patient against h is or her wishes
considered an intentional tort?
a. The nurse did not document the patient’s need for restraints.
b. The nurse failed to get a physician’s order for restraints.
c. The nurse touched the patient in an unauthorized manner.
d. The nurse does not inform th e patient that the restraints were
needed.
ANS: C
Assault and battery are examples of intentional torts that are frequentl y
brought against health care providers. Battery occurs if the health care
professional actuall y touches the patient in an unauthori zed manner.
The act of restraining a patient without consent is battery.
PTS: 1 DIF: Cognitive Level: Understanding REF: p.
32 OBJ: Nursing Process Step: Intervention TOP:
Legal MSC: NC LEX: Safe and Effective Care Environment
2. What is the best actio n a nurse could take to prevent allegations of
malpractice?
a. Carrying malpractice insurance
, b. Clarifying orders with the nursing supervisor
c. Delegating care to nursing assistants
d. Providing care according to standards of practice
ANS: D
Maintaining standards of practice is the best way to reduce risk. The
hallmark of risk reduction is knowledge of the professional standards
of care, delivery and documentation of that care, and consistent
demonstration that the standards are met. Nurses caring for acutel y and
criticall y ill patients may be alleged to have acted in a manner that is
inconsistent with standards of care or standards of professional
practice and may find themselves involved in civil litigation that
focuses in whole or in part on the alleged failure.
PTS: 1 DIF: Cognitive Level: Understanding REF: p.
24 OBJ: Nursing Process Step: N/A TOP: Legal MSC:
NCLEX: Safe and Effective Care Environment
3. While participating in rounds, a nurse is interrupted by the wife of a
ventilated patient, who informs t he nurse that her husband is having
difficult y breathing. The patient is found to be disconnected from the
ventilator and unresponsive when the nurse enters the room after rounds.
The alarm mode on the ventilator had been turned off. This situation is an
example of what legal situation?
a. Assault
b. Battery
c. Injury
d. Malpractice
, ANS: D
All four elements of negligence are present: dut y and standard of care,
breach of dut y, causation, and injury. If a nurse caring for acutel y and
criticall y ill patients is accused of failing to act in a manner consistent
with the standard of care, that nurse is subject to liabilit y for
professional malpractice (negligence applied to a professional). Assault
occurs if the patient fears harmful or offensive touching. Battery is any
intentional act that brings about actual harmful or offensive contact
with the plaintiff.
PTS: 1 DIF: Cognitive Level: Evaluating REF: p. 27 | p.
28 OBJ: Nursing Process Step: N/A TOP: Legal MSC:
NCLEX: Safe and Effective Care Environment
4. After admission a patient shares with the nurse a concern that her adult
children will not be able to reach agreement on what to do if she is no
longer able to make decisions for herself. The nurse informs the patient
that it is possible to grant authorit y to one per son to make decision
through which mechanism?
a. Court-appointed guardian
b. Do-not-resuscitate order
c. Durable power of attorney for health care
d. Living will
ANS: C
A durable power of attorney for health care includes legall y binding
documents that allow individ uals to specify a variet y of preferences,
particular treatments he or she wants to avoid, and circumstances in
Urden: Critical Care Nursing, 9th Edition
MULTIPLE CHOICE
1. Why is restraining a competent patient against h is or her wishes
considered an intentional tort?
a. The nurse did not document the patient’s need for restraints.
b. The nurse failed to get a physician’s order for restraints.
c. The nurse touched the patient in an unauthorized manner.
d. The nurse does not inform th e patient that the restraints were
needed.
ANS: C
Assault and battery are examples of intentional torts that are frequentl y
brought against health care providers. Battery occurs if the health care
professional actuall y touches the patient in an unauthori zed manner.
The act of restraining a patient without consent is battery.
PTS: 1 DIF: Cognitive Level: Understanding REF: p.
32 OBJ: Nursing Process Step: Intervention TOP:
Legal MSC: NC LEX: Safe and Effective Care Environment
2. What is the best actio n a nurse could take to prevent allegations of
malpractice?
a. Carrying malpractice insurance
, b. Clarifying orders with the nursing supervisor
c. Delegating care to nursing assistants
d. Providing care according to standards of practice
ANS: D
Maintaining standards of practice is the best way to reduce risk. The
hallmark of risk reduction is knowledge of the professional standards
of care, delivery and documentation of that care, and consistent
demonstration that the standards are met. Nurses caring for acutel y and
criticall y ill patients may be alleged to have acted in a manner that is
inconsistent with standards of care or standards of professional
practice and may find themselves involved in civil litigation that
focuses in whole or in part on the alleged failure.
PTS: 1 DIF: Cognitive Level: Understanding REF: p.
24 OBJ: Nursing Process Step: N/A TOP: Legal MSC:
NCLEX: Safe and Effective Care Environment
3. While participating in rounds, a nurse is interrupted by the wife of a
ventilated patient, who informs t he nurse that her husband is having
difficult y breathing. The patient is found to be disconnected from the
ventilator and unresponsive when the nurse enters the room after rounds.
The alarm mode on the ventilator had been turned off. This situation is an
example of what legal situation?
a. Assault
b. Battery
c. Injury
d. Malpractice
, ANS: D
All four elements of negligence are present: dut y and standard of care,
breach of dut y, causation, and injury. If a nurse caring for acutel y and
criticall y ill patients is accused of failing to act in a manner consistent
with the standard of care, that nurse is subject to liabilit y for
professional malpractice (negligence applied to a professional). Assault
occurs if the patient fears harmful or offensive touching. Battery is any
intentional act that brings about actual harmful or offensive contact
with the plaintiff.
PTS: 1 DIF: Cognitive Level: Evaluating REF: p. 27 | p.
28 OBJ: Nursing Process Step: N/A TOP: Legal MSC:
NCLEX: Safe and Effective Care Environment
4. After admission a patient shares with the nurse a concern that her adult
children will not be able to reach agreement on what to do if she is no
longer able to make decisions for herself. The nurse informs the patient
that it is possible to grant authorit y to one per son to make decision
through which mechanism?
a. Court-appointed guardian
b. Do-not-resuscitate order
c. Durable power of attorney for health care
d. Living will
ANS: C
A durable power of attorney for health care includes legall y binding
documents that allow individ uals to specify a variet y of preferences,
particular treatments he or she wants to avoid, and circumstances in
