Test Bank NURS 2900 legal issues Questions and Answers,100% CORRECT

Test Bank NURS 2900 legal issues Questions and Answers 1. Which of the following is an example of statutory law? A) Permission for care B) Consent for minor client C) Nurse practice act D) Inferring consent Ans: C Feedback: Statutory law is a law that any local, state, or federal legislative body enacts. An example of statutory law is the nurse practice act in each state. Clients sign a general permission for care and treatment on hospitalization. The parent or guardian should provide consent if the client is a minor to protect healthcare workers from being charged with battery. In an emergency, healthcare providers can infer consent. 2. Which of the following is a component of the nurse practice acts of various states? A) Breaches of duty owed by one person to another B) Determining the grounds for disciplinary action C) Expected action based on moral or legal obligations D) Injury due to the failure to act Ans: B Feedback: Nurse practice acts define nursing practice and set standards for nurses in each state. Each state has its own nurse practice act, but one of the common components is the grounds for disciplinary action. Tort law is the body of law that governs breaches of duty owed by one person to another. A duty is an expected action that is based on moral or legal obligations. A tort is an injury that occurred because of another person's intentional or unintentional actions or failure to act. 3. Which of the following is a measure taken to protect healthcare workers from being charged with battery? A) The client's signed release is obtained for presentations. B) The nurse uses initials instead of names in written reports. C) Clients sign a written consent before undergoing any kind of procedure. D) The nurse draws bedside curtains while giving personal care. Ans: C Feedback: To protect healthcare workers from being charged with battery, clients sign a general permission for care and treatment at the time of hospitalization. They also sign a written consent before undergoing special tests, procedures, or surgery. Obtaining a signed release for recognizable photographs for publications, using initials or code numbers instead of names in written reports or research papers, and drawing bedside curtains when giving personal care are essential for protecting a client's privacy. 4. Which of the following statements is applicable when a competent client wants to leave a hospital or long-term care facility before being discharged by the physician? A) Physical or chemical restraints are used to detain the client. B) The nurse applies restraints based on a current medical order. C) The nurse determines whether the client's safety or the safety of others is at risk. D) The client signs a form releasing the healthcare facility from its responsibility. Ans: D Feedback: A nurse should not detain a competent client who wants to leave a hospital or long-term care facility before being discharged by the physician. If a client wants to leave the facility against medical advice, the client should sign a form that releases the healthcare facility from its responsibility. Mentally impaired, confused, or disoriented clients may be restrained if their safety or the safety of others is at risk. This does not apply to a competent client. 5. Which of the following statements regarding the statute of limitations is correct? A) It is applicable only in the case of a minor. B) There is no designated time for a person to file a lawsuit. C) The designated time is typically calculated from the time the incident occurred. D) It provides legal immunity to rescuers who provide first aid in the case of an emergency. Ans: C Feedback: A statute of limitations is the designated time for a person to file a lawsuit. The time is typically calculated from the time the incident occurred. If the injured party is a minor, the statute of limitations sometimes does not commence until the victim reaches adulthood. Good Samaritan laws ensure legal immunity for rescuers who provide first aid in the case of an emergency to accident victims. 6. Which of the following is stated in a living will? A) Legal consent regarding healthcare B) Designation of another person as healthcare proxy C) Wishes regarding healthcare if terminally ill D) Medical orders for end-of-life instructions Ans: C Feedback: A living will is a document that states a client's wishes regarding healthcare if he or she is terminally ill. It is not necessarily a legal consent. A client may designate another person to be the medical durable power of attorney or healthcare proxy. Do-not- resuscitate orders contain written medical orders for end-of-life instructions. 7. Which of the following is a true statement with regard to laws? A) They deal with right and wrong. B) They are written rules for conduct and actions. C) They consider beliefs about morals and values. D) They do not have a formal enforcement system. Ans: B Feedback: Laws are written rules for conduct and actions. Ethical standards dictate the rightness or wrongness of human behavior. Ethics are moral principles and values. Laws do have a formal enforcement system. 8. Which type of law concerns offenses that violate the public's welfare? A) Statutory law B) Common law C) Administrative law D) Criminal law Ans: D Feedback: Criminal law concerns offenses that violate the public's welfare. Statutory law is law that any local, state, or federal legislative body enacts. Common is based on earlier court decisions, judgment, and decrees. Administrative law means that regulatory agencies enforce the rules and regulations that concern health, welfare, and safety of federal and state citizens. 9. Allowing unauthorized people to observe a client during treatment is an example of which of the following? A) False imprisonment B) Invasion of privacy C) Battery D) Assault Ans: B Feedback: The right to privacy means that people have the right to expect that they and their property will be left alone. False imprisonment occurs when healthcare workers physically or chemically restrain a person from leaving a healthcare institution. Battery is actual physical contact with another person without that person's consent. Assault is an act that involves a threat or attempt to do bodily harm. 10. Which of the following is a true statement about a living will? A) It states the client's wishes regarding healthcare if terminally ill. B) It specifies information regarding nontreatment only. C) It is legal consent. D) It is a type of financial attainment. Ans: A Feedback: A living will states the client's wishes regarding healthcare if terminally ill. It does not specify information regarding nontreatment only, it is not a legal consent, and it is not a type of financial attainment. 11. The nurse understands that laws and ethics are made in order to maintain order and harmony within society. What is the difference between laws and ethics? A) Laws are written rules for conduct and actions, and ethics are moral principles and values that guide our behavior. B) Laws are written to protect society from unsavory people, and ethics are rules for appropriate behavior. C) Laws are written to ensure appropriate behavior and ethics are to conduct actions. D) Ethics determine how a client is to be treated, and laws are forms of punishment. Ans: A Feedback: Laws are written rules for conduct and actions and ensure the protection of rights, and ethics are moral principles and values that guide the behavior of honorable people. Ethical standards dictate the rightness or wrongness of human behavior. The other answers do not address this as clearly. 12. The nursing student asks the instructor why it is important for them to know about the law and ethics when they will be taking care of client's physical and psychosocial needs and not be practicing law. What is the best response by the instructor? A) “You will need to understand these things if you are ever sued.” B) “This is part of the curriculum, so we have to cover this material.” C) “You will probably never encounter any difficulty, but it is good to know just in case it happens.” D) “You will need to have a basic understanding of laws and ethics because it may affect your practice.” Ans: D Feedback: The healthcare delivery system affects and is affected by societal beliefs, values, and laws. Nurses today require a basic understanding of laws and ethics that may affect their practice. Issues related to competence, safety, and optimal care; protecting client's rights; and practicing according to professional standards of care are of most concern to nurses. Being sued is not the only issue that a nurse may face in her practice and does not cover the ethical portion of practice. The answer regarding the curriculum does not answer the question and demeans the importance of the topic. 13. The LPN has been fired from her job at the nursing home and reported to the state board of nursing for giving medication to a client without a physician's order. The LPN states that she was not aware that this was a violation of scope of practice. What is the LPN's responsibility regarding knowing how to practice within their scope? A) The nurse should call the state board and ask for a list of what she can and cannot do. B) The nurse should access her state nurse practice act to determine the set standard for nurses in her state. C) The nurse should ask an RN what their scope of practice is. D) The nurse should ask another LPN what she can and cannot do. Ans: B Feedback: Nurse practice acts define nursing practice and set standards for nurses in each state. These legal statues regulate the practice of nursing to protect the health and safety of citizens. Although each state has its own nurse practice act, they all share common components. The LPN should have accessed this information directly from the board website or asked for a written nurse practice act from the state of practice. The nurse practice act does not designate what specific tasks the nurse can and cannot perform. The LPN should not ask others who may not have the answers. 14. The LPN is working in a perioperative setting, and formalin is being used in an unvented room that could result in a health hazard to the other staff as well as client's. The nurse is aware that the Occupational Safety and Health Administration (OSHA) is an agency that will fine the hospital for this type of infraction. What type of law does the LPN understand empowers OSHA to regulate for the health, welfare, and safety of federal and state citizens? A) Common law B) Civil law C) Criminal law D) Administrative law Ans: D Feedback: Statutory law empowers regulatory agencies to create and carry out the laws. These federal and regulatory agencies practice administrative law, the rules and regulations that concern the health, welfare, and safety of federal and state citizens. For example, OSHA is the federal agency that develops the rules and regulations governing workplace safety. Common law is based on earlier court decisions, judgments, and decrees. Civil law applies to disputes that arise between individual citizens. Criminal law concerns offenses that violate the public's welfare. 15. The nurse overhears a certified nursing assistant (CNA) tell an older adult client loudly, “If you don't get in that bed, I will throw you in there and tie you down so that you don't get up again!” What type of intentional tort does the nurse understand that the CNA has committed? A) Assault B) Battery C) False imprisonment D) Invasion of privacy Ans: A Feedback: Assault is an act that involves a threat or attempt to do bodily harm. Types of assault include physical intimidation, verbal remarks, or gestures that lead the client to believe that force or injury may be forthcoming. Battery is actual physical contact with another person without that person's consent. False imprisonment occurs when healthcare workers physically or chemically restrain an individual from leaving a healthcare institution. 16. The nurse is caring for an alert and oriented client in the hospital. The client is unhappy with the care he is receiving and state he is leaving and don't care if he sees the physician ever again. The nurse brings the client a sedative and tells the client that it is for his blood pressure to prevent the client from leaving the facility. What type of intentional tort is this nurse guilty of? A) Assault B) Battery C) False imprisonment D) Invasion of privacy Ans: C Feedback: False imprisonment occurs when healthcare workers physically or chemically restrain an individual from leaving a healthcare institution. A nurse cannot detain a competent client who wishes to leave a hospital or long-term care facility before being discharged by the physician. The client may sign an against medical advice form that releases the hospital from liability. Assault is an act that involves a threat or attempt to do bodily harm. Battery is actual physical contact with another person without that person's consent. Invasion of privacy means the failure of the right to expect that the clients and their property will be left alone. 17. The LPN was assisting a client with a bath, and some of the bathwater spilled on the floor. The nurse assisted the client back to the bed and left the room, forgetting to clean the spill. The client got out of the bed to use the bedside commode and slipped on the water and fractured her hip. What type of unintentional tort may the client sue the nurse for? A) Battery B) Negligence C) Assault D) False imprisonment Ans: B Feedback: Negligence describes the failure to act as a reasonable person would have acted in a similar situation. If harm results from the action, a person may sue that individual for negligence. The nurse was negligent in not cleaning up the spill and caused the client harm. Battery, assault, and false imprisonments are all intentional torts. 18. The LPN has the responsibility to take the vital signs for a client who had a surgical procedure earlier that day. The blood pressure results were 78/42 mm Hg from a previous 132/74 mm Hg. The LPN documented the results without reporting them to the RN in charge. The client developed shock and died 3 hours later. What type of unintentional tort may the nurse be sued for? A) Defamation B) Battery C) Assault D) Malpractice Ans: D Feedback: The law defines malpractice as professional negligence. It refers to harm that result from a licensed person's actions or lack of action. A jury must determine if the responsible person's conduct deviated from the standard expected of others with similar education and experience. All other answers are intentional torts. 19. An LPN is at a community softball game observing the game when the person sitting next to her, clutches his chest and falls to the ground. The nurse begins cardiopulmonary resuscitation (CPR), and in the process, one of the ribs cracked. The client is taken by rescue squad to the hospital and survives a heart attack. What may protect the nurse from this outcome? A) The state board of nursing B) Statute of limitations C) Good Samaritan law D) Assumption of risk Ans: C Feedback: Many states have enacted Good Samaritan laws, which provide legal immunity for rescuers who provide first aid to accident victims in an emergency. The law defines an emergency as one occurring outside a hospital, not in an emergency department. Statute of limitations is the designated time in which a person can file a lawsuit. Assumption of risk is if a client is forewarned of a potential hazard to his or her safety and chooses to ignore the warning; the court may hold the client responsible. The state board of nursing would not be involved unless the nurse was reported for negligent or care outside of the scope of practice. 20. The LPN administered a medication to a client complaining of pain. When checking the armband and the medication administration record, there were no allergies listed. The client then informs the nurse that he told the admitting nurse that he was allergic to that medication. What documentation on the incident form would be the best option? A) “Medication is administered to client by mouth; states he has an allergy to the medication and causes hives.” B) “The admitting nurse failed to document that the client has an allergy to the medication.” C) “The client states he is allergic to the medication, but I really don't think so. I didn't see any hives.” D) “I should have asked the RN if the client is allergic to any medication.” Ans: A Feedback: Healthcare workers complete incident reports when they make or discover errors or when an event occurs that results in harm. The first option is concise and to the point without any accusation. In answer B, the LPN is accusing the admitting nurse of failure to document. Answer C is using judgment and placing blame on the client. Answer D places the blame on herself. 21. The nurse is preparing a client for a colonoscopy at the hospital. Who does the nurse understand is responsible for obtaining the informed consent from this client? A) The nurse B) The physician C) The anesthesiologist D) The physician's office nurse Ans: B Feedback: The physician obtains the informed consent and must inform the client of the description of the procedure, potential benefits, material risk involved, acceptable alternatives available, expected outcome, and consequences if the procedure is not done. Because the physician has the responsibility, the other answers are incorrect. 22. A client has designated her daughter as a person to make healthcare decisions for the client if he is not able to do so. What type of advance directive is this considered? A) Power of attorney B) Do-not-resuscitate order (DNR) C) Living will D) Durable power of attorney (DPOA) for healthcare Ans: D Feedback: A client may designate another person to be the DPOA for healthcare or healthcare proxy. This person has the authority to make healthcare decisions for the client if he or she is no longer competent or able to make these decisions. A general power of attorney does not give that designated person the ability to make healthcare decision. In DNR order, the client wishes to have no resuscitative action taken if he or she experiences a cardiac or respiratory arrest. A living will is a document that states a client's wishes regarding healthcare if he or she is terminally ill. 23. A client who has been diagnosed with terminal cancer states that he wants no further treatment and also informs the physician that he does not want any resuscitative action taken if he experiences a cardiac or respiratory arrest. What type of order does the nurse anticipate the physician will write? A) A do-not-resuscitate order B) Intubation and mechanical ventilation only if respiratory arrest occurs C) Emergency medications only D) Do everything except resuscitate Ans: A Feedback: The DNR order is written when the client wishes to have no resuscitative action taken if he or she experiences a cardiac or respiratory arrest. The other answers are resuscitative measures that are against the client's wishes. 24. The nurse has a client who is confused and disrupting the unit by screaming obscenities and making a lot of noise. The client has been medicated as ordered but is not responding to the sedation. The other clients on the unit are agitated and complaining. The nurse makes the decision to move the client to a location further down the hall where fewer clients are. What theory of ethics is the nurse demonstrating? A) Utilitarianism B) Deontology C) The idea of rights D) Obligation of duty Ans: A Feedback: Utilitarianism is an outcome-oriented approach for decision making. There are two important principles: “the greatest good for the greatest number” and “the end justifies the means.” Deontology argues that consequences are not the only important consideration in ethical dilemmas. Answers C and D are not theories. 25. The nurse considers that she has strong professional values and uses ethical values to make decisions about care. What four characteristics are shared between these concepts? Select all that apply. A) They are consistent. B) Take priority over other values C) Concern the treatment of others D) Are well thought out E) Treat all clients the same regardless of illness Ans: A, B, C, D Feedback: Values are the beliefs that individuals find most meaningful. People value many different ideas, and not all ideas are ethical. Ethical values are rules or principles a person uses to make decision about right and wrong. They share four characteristics: Ethical values are consistent, take priority over other values, concern the treatment of others, and are well thought out. Treating the clients the same is not part of the shared values. 26. The nurse is caring for a client who has been intubated and on a mechanical ventilator and has been restrained with soft wrist restraints. The client no longer requires the restraints, so the nurse removes them. What type of ethical decision making does the nurse display? A) Fidelity B) Autonomy C) Beneficence D) Nonmaleficence Ans: C Feedback: Beneficence is the duty to do good for the clients assigned to the nurse's care. The nurse has a duty to remove wrist restraints whenever possible (removing a harm) and to help the client regain independence (promoting and doing good). Fidelity is the duty to maintain commitments of professional obligations and responsibilities. Autonomy refers to a client's right to self-determination or the freedom to make choices without opposition. Nonmaleficence is the duty to do no harm to the client. 27. The nurse is to administer a potassium supplement to the client. The nurse does not check the potassium level prior to administering the medication and later finds that the potassium level was at a critical high. What principle has this nurse violated? A) Beneficence B) Nonmaleficence C) Autonomy D) Fidelity Ans: B Feedback: Nonmaleficence is the duty to do no harm to the client. For instance, if a nurse fails to check an order for an unusually high dose of insulin and administers it, he or she has violated the principle of nonmaleficence. Beneficence is the duty to do good for the clients assigned to the nurse's care. The nurse has a duty to remove wrist restraints whenever possible (removing a harm) and to help the client regain independence (promoting and doing good). Fidelity is the duty to maintain commitments of professional obligations and responsibilities. Autonomy refers to a client's right to self- determination or the freedom to make choices without opposition. 28. The nurse is administering a medication to a client for the treatment of his constipation. The client states that he prefers not to take the medication today. The nurse respects the client's right and informs him if he needs it later, just let the nurse know. What professional value is the nurse displaying? A) Beneficence B) Nonmaleficence C) Autonomy D) Fidelity Ans: C Feedback: Autonomy refers to a client's right to self-determination or the freedom to make choices without opposition. Nonmaleficence is the duty to do no harm to the client. If a nurse fails to check an order for an unusually high dose of insulin and administers it, he or she has violated the principle of nonmaleficence. Beneficence is the duty to do good for the clients assigned to the nurse's care. The nurse has a duty to remove wrist restraints whenever possible (removing a harm) and to help the client regain independence (promoting and doing good). Fidelity is the duty to maintain commitments of professional obligations and responsibilities. 29. A client who has end-stage chronic obstructive pulmonary disease (COPD) asks the nurse, “Am I going to be getting better? Is there a cure?” What is the best response by the nurse that demonstrates the professional value, veracity? A) “Everything will be fine.” B) “Did someone tell you that there is a cure for this?” C) “You don't need to worry about that; just get better.” D) “Although there is no cure for this disease, we will keep you as comfortable as possible.” Ans: D Feedback: The professional value of veracity is the duty to tell the truth. The nurse must provide factual information to the client so that he or she may exercise autonomy. The other answers given are nontherapeutic responses that do not answer the client's question. 30. The nurse is assigned to care for a client who is admitted to the medical unit with an infection after having an abortion. The nurse is uncomfortable caring for this client because the religious beliefs of the nurse are very firm on the issue of abortion. What first step can the nurse make in order to solve the ethical dilemma? A) Evaluate the decision in terms of effects and results. B) Make the decision and follow through on it. C) List all possible options for solving the dilemma. D) Obtain as much information as possible to understand the situation. Ans: D Feedback: The first step in the ethical dilemma decision-making process is to obtain as much information as possible to understand the situation. Evaluating the decision in terms of effects and results is the fifth step in the process. Making the decision and following through is the fourth step of the process, and listing all possible options is the second step in the process. 31. The nurse is caring for a client in the intensive care unit that is on life support measures. The family members are opposed in their decision to take the client off of life support. What option does the nurse discuss with the nurse manager? A) Ask the family to go out of the unit and make a decision that is final. B) Contact the ethics committee for their input. C) Have the physician inform the family that they are not responsible for the decision. D) Taking the client off of life support when the family is not present. Ans: B Feedback: The ethics committee may be called on to act as an advocate for clients who no longer are mentally capable of making their own decisions. Ethics committees are a valuable resource for reviewing difficult cases and helping ensure a careful and unbiased decision. The nurse is not practicing within the scope of practice by taking the client off of life support. The nurse does not mandate to the physician decisions that should be made. It is nontherapeutic for the nurse to ask the family to go out and make a decision. 32. The nurse is concerned that she will be sued for a possible act of malpractice. What essential elements of malpractice must be present for this to occur? Select all that apply. A) Harm to an individual B) Duty of a professional toward an individual C) Breach of duty by the professional D) Poor rapport built with the client E) Cause of harm is the breach of duty Ans: A, B, C, E Feedback: The essential elements of malpractice must include harm to the individual, duty of a professional toward an individual, breach of duty by the professional, and cause of harm is the breach of duty. Not building a rapport can contribute to a possible malpractice suit but is not an essential element. 33. A client jumped out of a window on the second floor of the hospital and sustained a spinal cord injury that resulted in the inability to have upper and lower extremity sensation. What type of documentation by the nurse would be appropriate in this situation? A) “The client must have been depressed and wanted to commit suicide.” B) “I saw the client get ready to jump and was unable to get to him fast enough.” C) “Client observed standing on the window ledge; asked client to come down and proceeded to enter the room, and client jumped through the glass.” D) “The previous shift should have notified the physician that the patient was suicidal.” Ans: C Feedback: The documentation for answer C was objective, accurate, and concise. The other choices were judgmental, subjective, and vague. 34. The nurse is assigned to a group of clients on the medical floor. A visitor tells the nurse that their neighbor is a client at the hospital and doesn't know what is wrong. The nurse goes to the chart and proceeds to inform the visitor about the client's diagnosis. What type of violation has the nurse committed? Choose the best answer. A) HIPAA violation B) Trust violation C) Hospital policy violation D) Violation of the code of ethics Ans: A Feedback: The client has the right to request restrictions and confidential communications concerning protected health information, which is an overview of the major client protections provided by HIPAA. Although a violation of trust and hospital policy, it is first and foremost a violation of HIPAA. 35. The nurse finds that she must choose between two undesirable alternatives involving a client that she is caring for. The client wants to be told about his prognosis, and the family member does not want the client to know. What type of situation does the nurse understand she is in? A) Ethical dilemma B) Bioethical dilemma C) Value dilemma D) Personal dilemma Ans: A Feedback: An ethical dilemma is a situation in which an individual must choose between two undesirable alternatives, and it often involves examining rights and obligations of particular individuals. A bioethical dilemma is an ethical question surrounding life and death questions and concerns regarding quality of life as it relates to advanced technology. Values are ideals and beliefs that are held by an individual or group. This does not relate to a personal dilemma because it does not affect the nurse.