Chapter 7: Legal Dimensions of Nursing Practice

Answer Key Any use or attempted use of PrepU or the content herein other than as specifically authorized within the Terms & Conditions of our licensing agreement with you—without the express prior written permission of Wolters Kluwer—is strictly prohibited and will, among other things, terminate this licensing agreement and, as result, your right to use PrepU and its content. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws. Accessing PrepU constitutes your acceptance of this end user licensing agreement. Question 1 See full question 33s Report this Question A client is in a persistent vegetative state. The client has no immediate family and is a ward of the state. Under these circumstances, who will speak on this client's behalf? You Selected:  A surrogate decision maker Correct response:  A surrogate decision maker Explanation: Infants, young children, people with severe cognitive impairment or who are incapacitated, and people in a persistent vegetative state or coma do not have the capacity to participate in decision-making about their health care. For such people, a surrogate decision maker must be legally designated to act on their behalf. The surrogate decision maker may be any one of the individuals listed in the other answers, if properly identified by the hospital authorities. Reference: A nurse, while off-duty, tells the physiotherapist that a client who was admitted to the nursing unit contracted AIDS due to exposure to sex workers at the age of 18. The client discovers that the nurse has revealed the information to the physiotherapist. With what legal action could the nurse be charged?  Slander Explanation: The nurse can be charged with slander, which is a verbal attack on a person's character. Libel pertains to damaging written statements read by others. Both libel and slander are considered defamation of character-an intentional tort in which one party makes derogatory remarks about another that diminish the other party's reputation. To be found guilty of slander or libel, the statement must be proved false. Negligence and malpractice pertain to actions which are committed or omitted, thereby causing physical harm to a client. Reference:  Taylor, C., Lynn, P., & Bartlett, J., Fundamentals of Nursing, 9th ed., Philadelphia, Wolters Kluwer, 2019, Chapter 7: Legal Dimensions of Nursing Practice, p. 125. Chapter 7: Legal Dimensions of Nursing Practice - Page 125 Add a Note Question 3 See full question 1m 26s Report this Question A nurse is writing a letter to a U.S. congressman to support the promotion of health care issues. Which guidelines would ensure a properly written letter? Select all that apply. You Selected:  The nurse should name the city and state where the nurse lives and votes.  The nurse should state the purpose of the letter briefly and clearly in the first paragraph.  The nurse should restate exactly what the legislator should do at the end of the letter. Correct response:  The nurse should state the purpose of the letter briefly and clearly in the first paragraph.  The nurse should name the city and state where the nurse lives and votes.  The nurse should restate exactly what the legislator should do at the end of the letter. Explanation: Writing a letter to a U.S. congressman should be in the format of a formal letter, stating the nurse’s concerns in a way that best relays this information. The formal letter should state the purpose of the letter briefly and clearly in the first paragraph, state the city and state where the nurse lives and votes, and restate exactly what the legislator should do at the end of the letter. The nurse should cite specific examples from the workplace to support the position. The letter should be kept to one page. The letter should be addressed to one legislator only, not a group of individuals. Reference:  Taylor, C., Lynn, P., & Bartlett, J., Fundamentals of Nursing, 9th ed., Philadelphia, Wolters Kluwer, 2019, Chapter 7: Legal Dimensions of Nursing Practice, p. 122. A legal document that states a client's health-related wishes — such as a preference for pain management if the client becomes terminally ill — and also allows the client's adult child to direct the client's care, is:  an advance directive. Explanation: Clients communicate their wishes to health care providers by verbally participating in health care decision making and by employing written documents called advance directives. A will is a legal document where one communicates wishes of how to dispose of personal effects and belongings upon one's death. The terms license and standard of care have no application in this scenario. Reference:  Taylor, C., Lynn, P., & Bartlett, J., Fundamentals of Nursing, 9th ed., Philadelphia, Wolters Kluwer, 2019, Chapter 7: Legal Dimensions of Nursing Practice, p. 140. In some cases, the act of providing nursing care in unexpected situations is covered by the Good Samaritan laws. Which nursing action would most likely be covered by these laws?  a choking victim in a restaurant Correct response:  Emergency care for a choking victim in a restaurant Explanation: Good Samaritan laws are designed to protect health practitioners when they give aid to people in emergency situations in which the practitioner is off duty, such as providing emergency care to a choking victim in a restaurant. The other examples listed are not situations covered by the Good Samaritan law. A nurse is caring for a client following endotracheal intubation. Before applying soft wrist restraints to prevent the client from pulling out the endotracheal tube, what is the most appropriate action of the nurse?  Obtain a medical order. Explanation: Nurses must obtain a medical order before each and every instance in which they use restraints. Due to the severity of the client illness requiring endotracheal intubation, the client may not be able to provide a written consent. The client does not need to be sedated unless medically necessary, and although it is appropriate to notify the family, this is not the priority. Action has been taken against a nurse’s license based on a claim that the nurse acted outside of nursing’s scope of practice. The nurse’s attorney determines that the nurse needs more education about the purpose of the board of nursing when the nurse makes which statement?  “The rules made by the board of nursing don’t reflect my practice.” Explanation: A nurse’s practice should reflect the rules of the board of nursing rather than vice versa. Boards of nursing are established by state legislation through the state’s nurse practice act and exist to protect the public. These rules help to keep unlicensed people from practicing nursing. A nurse is called to a deposition for a malpractice charge that has resulted in the death of a client. As the chart is reviewed, the prosecuting attorney questions the nurse about several defaming comments written in the medical record about the client. What charges can be filed against the nurse due to these comments? Correct response:  Libel Explanation: Libel is damaging statements written and read by others. Because defaming comments were written in the chart, libel charges could be appropriate. Malpractice is negligence in performing or failing to perform expected duties of one's profession. Slander is oral defamation of character. Negligence is performing an action a reasonable person would not perform or failing to perform an action that a reasonable person would perform, resulting in harm to another. Nurses complete incident reports as dictated by the agency protocol. What is the primary reason nurses fill out an incident report?  To improve quality of care