Capella University
Course Number: NHS-FPX6004
Course Title: Healthcare Law and Policy
Exam: Final
Date:2026
A nurse administers a medication to a patient without checking the patient’s ID band, resulting in a
severe allergic reaction. To prove professional negligence or malpractice in a court of law, four
specific elements must be established. Which element is defined as the link between the nurse’s
failure to follow the standard of care and the actual injury sustained by the patient?
A. Breach of duty.
B. Duty to use due care.
C. Proximate causation.
D. Damages or injury.
Answer: C.
Rationale: Proximate causation (or "cause in fact") requires that the injury was a foreseeable and
direct result of the nurse’s breach of duty. Without a clear link between the action and the harm, a
malpractice claim cannot be sustained.
A patient arrives at a hospital’s emergency department with symptoms of an active myocardial
infarction. The hospital is currently at capacity and has no available cardiac monitoring beds.
Under the Emergency Medical Treatment and Labor Act (EMTALA), what is the hospital's
primary legal obligation before transferring the patient to another facility?
A. Verify the patient’s insurance coverage and ability to pay.
B. Obtain a signed release from the patient’s primary care physician.
C. Perform a medical screening exam and provide stabilizing treatment within the hospital's
capability.
1
,D. Immediately call a private ambulance to transport the patient to avoid liability.
Answer: C.
Rationale: EMTALA mandates that any hospital receiving federal funds must provide a medical
screening exam (MSE) to determine if an emergency medical condition exists. If it does, the
facility must stabilize the patient to the best of its ability before a safe transfer can occur.
While working on a surgical unit, a nurse notices that a surgeon is about to perform a procedure on
a patient who has expressed confusion about the surgery and has not yet signed the consent form.
The surgeon tells the nurse to "just get it signed" after the patient is sedated. According to the legal
principles of informed consent, what is the nurse's appropriate role?
A. The nurse should explain the risks and benefits of the surgery so the patient can sign.
B. The nurse should witness the signature only after ensuring the patient has the capacity and has
received adequate information from the provider.
C. The nurse should sign as a proxy for the patient since the surgeon is the lead authority.
D. The nurse should ignore the patient's confusion as long as the surgery is medically necessary.
Answer: B.
Rationale: The legal responsibility to explain the procedure, risks, and benefits lies solely with the
provider performing the treatment. The nurse’s role is to witness the signature and advocate for the
patient if the nurse suspects the patient does not understand the information.
True or False: Under the Doctrine of Respondeat Superior, a hospital can be held vicariously liable
for the negligent actions of a nurse if those actions occurred within the scope of the nurse’s
employment.
Answer: True.
Rationale: Respondeat Superior, meaning "let the master Answer," is a legal doctrine holding that
an employer is responsible for the actions of employees performed within the course of their daily
work duties.
Fill in the blank: The administrative body at the state level that is responsible for enforcing the
Nurse Practice Act and has the power to revoke or suspend a nursing license is the State ________.
Answer: Board of Nursing.
Rationale: Each state has a Board of Nursing (BON) that serves to protect the public by regulating
nursing practice, educational standards, and licensure.
An elderly patient with terminal cancer has a valid Living Will stating they do not wish to be
intubated. The patient’s adult child, who is the designated Durable Power of Attorney for
Healthcare, demands that the nurse initiate intubation when the patient stops breathing. Legally,
whose wishes must the nurse prioritize?
2
,A. The adult child, because they are the legal decision maker.
B. The patient’s Living Will, as it represents the patient’s expressed autonomous wishes.
C. The facility’s ethics committee recommendation.
D. The attending physician’s order for life sustaining treatment.
Answer: B.
Rationale: When a patient is incapacitated, a Living Will provides clear evidence of their wishes. A
healthcare proxy or Power of Attorney is legally obligated to make decisions based on what the
patient would have wanted (substituted judgment), not their own personal desires.
A nurse is accused of "Battery" after a patient refuses a routine flu vaccine but the nurse
administers it anyway while the patient is sleeping. Which characteristic of the nurse’s action meets
the legal definition of battery?
A. Threatening to restrain the patient.
B. Failing to document the medication correctly.
C. Intentional and unauthorized touching of the patient without consent.
D. Causing the patient to feel fearful of an imminent injury.
Answer: C.
Rationale: Battery is an intentional tort involving nonconsensual, offensive, or harmful physical
contact. Even if the intent was "good" (like providing a vaccine), doing so without consent is a
legal violation.
Which federal law prohibits the disclosure of a patient’s protected health information (PHI) to thrid
parties, such as an employer, without the patient’s explicit written authorization?
A. The Patient Self-Determination Act (PSDA).
B. The Health Insurance Portability and Accountability Act (HIPAA).
C. The Americans with Disabilities Act (ADA).
D. The Genetic Information Nondiscrimination Act (GINA).
Answer: B.
Rationale: HIPAA Privacy Rules strictly control the use and disclosure of PHI. Employers have no
inherent right to clinical records unless specific legal exceptions apply or the patient grants
permission.
3
, True or False: A nurse who reports an employer’s illegal or unsafe billing practices to a
government agency is typically protected from retaliatory termination under Whistleblower
Protection laws.
Answer: True.
Rationale: Whistleblower laws are designed to protect employees who speak out against illegal or
unsafe practices within an organization, ensuring they can report in the interest of public safety
without losing their livelihood.
Fill in the blank: In a legal case involving nursing care, the "Standard of Care" is often determined
by the testimony of an ________ witness who possesses similar education and experience to the
defendant.
Answer: Expert.
Rationale: An expert witness is used in malpractice litigation to establish what a "reasonably
prudent nurse" would have done in the same or similar circumstances.
A nurse documents that a patient is "uncooperative, rude, and likely a drug seeker" in the
permanent medical record. If the patient later reads this and sues the nurse for damaging their
reputation in writing, what is the specific legal term for this type of defamation?
A. Slander.
B. Assault.
C. Libel.
D. Malice.
Answer: C.
Rationale: Defamation in a written or permanent form (such as the medical record) is called libel.
Slander is the spoken form of defamation.
A hospital policy requires nurses to use two patient identifiers before every procedure. A nurse
skips this step, and although no harm comes to the patient, the nurse is terminated. The nurse sues
for "unlawful termination," but the hospital argues the nurse’s contract is "At-Will." What does
"At-Will" employment mean in this context?
A. The nurse can only be fired for "Just Cause" after three warnings.
B. Either the employer or the employee can terminate the relationship at any time for any legal
reason.
C. The nurse is guaranteed employment as long as they hold a valid license.
D. The hospital must pay for the nurse’s defense in any future malpractice cases.
4
Course Number: NHS-FPX6004
Course Title: Healthcare Law and Policy
Exam: Final
Date:2026
A nurse administers a medication to a patient without checking the patient’s ID band, resulting in a
severe allergic reaction. To prove professional negligence or malpractice in a court of law, four
specific elements must be established. Which element is defined as the link between the nurse’s
failure to follow the standard of care and the actual injury sustained by the patient?
A. Breach of duty.
B. Duty to use due care.
C. Proximate causation.
D. Damages or injury.
Answer: C.
Rationale: Proximate causation (or "cause in fact") requires that the injury was a foreseeable and
direct result of the nurse’s breach of duty. Without a clear link between the action and the harm, a
malpractice claim cannot be sustained.
A patient arrives at a hospital’s emergency department with symptoms of an active myocardial
infarction. The hospital is currently at capacity and has no available cardiac monitoring beds.
Under the Emergency Medical Treatment and Labor Act (EMTALA), what is the hospital's
primary legal obligation before transferring the patient to another facility?
A. Verify the patient’s insurance coverage and ability to pay.
B. Obtain a signed release from the patient’s primary care physician.
C. Perform a medical screening exam and provide stabilizing treatment within the hospital's
capability.
1
,D. Immediately call a private ambulance to transport the patient to avoid liability.
Answer: C.
Rationale: EMTALA mandates that any hospital receiving federal funds must provide a medical
screening exam (MSE) to determine if an emergency medical condition exists. If it does, the
facility must stabilize the patient to the best of its ability before a safe transfer can occur.
While working on a surgical unit, a nurse notices that a surgeon is about to perform a procedure on
a patient who has expressed confusion about the surgery and has not yet signed the consent form.
The surgeon tells the nurse to "just get it signed" after the patient is sedated. According to the legal
principles of informed consent, what is the nurse's appropriate role?
A. The nurse should explain the risks and benefits of the surgery so the patient can sign.
B. The nurse should witness the signature only after ensuring the patient has the capacity and has
received adequate information from the provider.
C. The nurse should sign as a proxy for the patient since the surgeon is the lead authority.
D. The nurse should ignore the patient's confusion as long as the surgery is medically necessary.
Answer: B.
Rationale: The legal responsibility to explain the procedure, risks, and benefits lies solely with the
provider performing the treatment. The nurse’s role is to witness the signature and advocate for the
patient if the nurse suspects the patient does not understand the information.
True or False: Under the Doctrine of Respondeat Superior, a hospital can be held vicariously liable
for the negligent actions of a nurse if those actions occurred within the scope of the nurse’s
employment.
Answer: True.
Rationale: Respondeat Superior, meaning "let the master Answer," is a legal doctrine holding that
an employer is responsible for the actions of employees performed within the course of their daily
work duties.
Fill in the blank: The administrative body at the state level that is responsible for enforcing the
Nurse Practice Act and has the power to revoke or suspend a nursing license is the State ________.
Answer: Board of Nursing.
Rationale: Each state has a Board of Nursing (BON) that serves to protect the public by regulating
nursing practice, educational standards, and licensure.
An elderly patient with terminal cancer has a valid Living Will stating they do not wish to be
intubated. The patient’s adult child, who is the designated Durable Power of Attorney for
Healthcare, demands that the nurse initiate intubation when the patient stops breathing. Legally,
whose wishes must the nurse prioritize?
2
,A. The adult child, because they are the legal decision maker.
B. The patient’s Living Will, as it represents the patient’s expressed autonomous wishes.
C. The facility’s ethics committee recommendation.
D. The attending physician’s order for life sustaining treatment.
Answer: B.
Rationale: When a patient is incapacitated, a Living Will provides clear evidence of their wishes. A
healthcare proxy or Power of Attorney is legally obligated to make decisions based on what the
patient would have wanted (substituted judgment), not their own personal desires.
A nurse is accused of "Battery" after a patient refuses a routine flu vaccine but the nurse
administers it anyway while the patient is sleeping. Which characteristic of the nurse’s action meets
the legal definition of battery?
A. Threatening to restrain the patient.
B. Failing to document the medication correctly.
C. Intentional and unauthorized touching of the patient without consent.
D. Causing the patient to feel fearful of an imminent injury.
Answer: C.
Rationale: Battery is an intentional tort involving nonconsensual, offensive, or harmful physical
contact. Even if the intent was "good" (like providing a vaccine), doing so without consent is a
legal violation.
Which federal law prohibits the disclosure of a patient’s protected health information (PHI) to thrid
parties, such as an employer, without the patient’s explicit written authorization?
A. The Patient Self-Determination Act (PSDA).
B. The Health Insurance Portability and Accountability Act (HIPAA).
C. The Americans with Disabilities Act (ADA).
D. The Genetic Information Nondiscrimination Act (GINA).
Answer: B.
Rationale: HIPAA Privacy Rules strictly control the use and disclosure of PHI. Employers have no
inherent right to clinical records unless specific legal exceptions apply or the patient grants
permission.
3
, True or False: A nurse who reports an employer’s illegal or unsafe billing practices to a
government agency is typically protected from retaliatory termination under Whistleblower
Protection laws.
Answer: True.
Rationale: Whistleblower laws are designed to protect employees who speak out against illegal or
unsafe practices within an organization, ensuring they can report in the interest of public safety
without losing their livelihood.
Fill in the blank: In a legal case involving nursing care, the "Standard of Care" is often determined
by the testimony of an ________ witness who possesses similar education and experience to the
defendant.
Answer: Expert.
Rationale: An expert witness is used in malpractice litigation to establish what a "reasonably
prudent nurse" would have done in the same or similar circumstances.
A nurse documents that a patient is "uncooperative, rude, and likely a drug seeker" in the
permanent medical record. If the patient later reads this and sues the nurse for damaging their
reputation in writing, what is the specific legal term for this type of defamation?
A. Slander.
B. Assault.
C. Libel.
D. Malice.
Answer: C.
Rationale: Defamation in a written or permanent form (such as the medical record) is called libel.
Slander is the spoken form of defamation.
A hospital policy requires nurses to use two patient identifiers before every procedure. A nurse
skips this step, and although no harm comes to the patient, the nurse is terminated. The nurse sues
for "unlawful termination," but the hospital argues the nurse’s contract is "At-Will." What does
"At-Will" employment mean in this context?
A. The nurse can only be fired for "Just Cause" after three warnings.
B. Either the employer or the employee can terminate the relationship at any time for any legal
reason.
C. The nurse is guaranteed employment as long as they hold a valid license.
D. The hospital must pay for the nurse’s defense in any future malpractice cases.
4
