Chapter 2 Legal and Ethical Issues 43
18. ANSWER: 4. 3. Mandatory reporting laws, such as the reporting of neg-
Rationales: lect or abuse of children, older adults, and people with
1. This event is not reportable to authorities in any state. A mental illness or developmental impairments, are designed
release against medical advice is a form that must be signed to protect those who are unable to protect themselves.
by a patient who wants to leave a hospital when the patient is 4. Incident reports are designed to identify problems and
advised not to do so by the primary health-care provider. It areas for quality improvement.
protects the health-care team members and the agency from Content Area: Legal and Ethical Issues
legal liability in the event of negative consequences. Integrated Processes: Nursing Process: Analysis
2. Notifying an agency, such as the health department, Client Need: Safe and Effective Care Environment; Man-
about the presence of a communicable disease is mandated agement of Care
in all states. Cognitive Level: Comprehension
3. All states have laws that mandate that suspected child
abuse or neglect be reported to appropriate authorities; for
21. ANSWER: 1.
Rationales:
example, child protective services.
1. The nurse can be charged with malpractice. Malprac-
4. Not all states have mandatory reporting laws that pro-
tice occurs when the nurse does not adhere to standards
tect adults over 60 years of age when abuse or neglect is
of nursing practice and it results in injury to the patient.
suspected.
Nurses are expected to act in a way a reasonably prudent
Content Area: Legal and Ethical Issues
person with the same education and experience would act
Integrated Processes: Communication/Documentation;
in a similar circumstance.
Nursing Process: Implementation
2. Administering a medication to the wrong patient is not
Client Need: Safe and Effective Care Environment; Man-
an example of assault. Assault occurs when a nurse inten-
agement of Care
tionally threatens to harm or touch a patient in an insult-
Cognitive Level: Knowledge
ing, unjustifiable, or offensive manner. An example is
19. ANSWER: 3. saying, “If you don’t behave, you can’t have your pain
Rationales: medication.”
1. The issue is beyond solving at the primary nurse level. 3. Administering a medication to the wrong patient is not
The adult children on both sides of the issue have a deter- an example of battery. Battery occurs when a nurse inten-
mined position. tionally touches a patient’s body or clothing or anything
2. Although this may be suggested to facilitate a different held by or attached to a patient in an angry, willful, negli-
perspective of the issue that may help promote agreement, gent, or violent manner without consent. Examples include
the spiritual advisor may have a limited focus that will not forcefully undressing a patient, resuscitating a patient who
include the short- and long-term health-care issues. has a do-not-attempt-to-resuscitate order, and administer-
3. This ensures that the two sides of this issue are explored ing a medication refused by a patient.
in a nonconfrontational environment. The ethics commit- 4. Administering a medication to the wrong patient is not
tee will act as the patient’s advocate and protect the rights an example of fraud. Fraud occurs when there is purpose-
of the patient, which is the focus of its activities. ful misrepresentation intended to produce unlawful gain.
4. The nurse should not give advice. Fraud is a reckless disregard of the truth. An example is
TEST-TAKING TIP: Identify the word in the stem that sets a stating, “You should not feel any pain with this proce-
priority. The word best in the stem sets a priority. Identify dure,” when it is commonly known that the procedure is
the option with a specific determiner. The word all in painful.
option 1 is a specific determiner. Rarely is an option with Content Area: Legal and Ethical Issues
a specific determiner the correct answer. Integrated Processes: Nursing Process: Analysis
Content Area: Legal and Ethical Issues Client Need: Safe and Effective Care Environment; Man-
Integrated Processes: Communication/Documentation; agement of Care
Nursing Process: Implementation Cognitive Level: Application
Client Need: Safe and Effective Care Environment; Man-
agement of Care
22. ANSWER: 3, 4, 5.
Rationales:
Cognitive Level: Application
1. Failure to complete an incident report after a patient
20. ANSWER: 1. falls is not associated with HIPAA. This is related to failure
Rationales: to follow a policy or procedure of the agency.
1. The Americans with Disabilities Act protects a person 2. Sharing clinical events and learning with other student
with a disability from discrimination by an employer. An nurses during a clinical post conference does not violate
employer is required by law to provide reasonable HIPAA as long as all members of the class maintain confi-
accommodation within the work setting to facilitate the dentiality of the patient’s protected health information.
job performance of a disabled person. 3. Any professional health caregiver who discusses pro-
2. Nurse practice acts protect patients and society. They tected personal health information within the hearing of
establish the minimum standards of care to be delivered by unauthorized individuals is in violation of maintaining
practicing nurses. protected personal health information.
18. ANSWER: 4. 3. Mandatory reporting laws, such as the reporting of neg-
Rationales: lect or abuse of children, older adults, and people with
1. This event is not reportable to authorities in any state. A mental illness or developmental impairments, are designed
release against medical advice is a form that must be signed to protect those who are unable to protect themselves.
by a patient who wants to leave a hospital when the patient is 4. Incident reports are designed to identify problems and
advised not to do so by the primary health-care provider. It areas for quality improvement.
protects the health-care team members and the agency from Content Area: Legal and Ethical Issues
legal liability in the event of negative consequences. Integrated Processes: Nursing Process: Analysis
2. Notifying an agency, such as the health department, Client Need: Safe and Effective Care Environment; Man-
about the presence of a communicable disease is mandated agement of Care
in all states. Cognitive Level: Comprehension
3. All states have laws that mandate that suspected child
abuse or neglect be reported to appropriate authorities; for
21. ANSWER: 1.
Rationales:
example, child protective services.
1. The nurse can be charged with malpractice. Malprac-
4. Not all states have mandatory reporting laws that pro-
tice occurs when the nurse does not adhere to standards
tect adults over 60 years of age when abuse or neglect is
of nursing practice and it results in injury to the patient.
suspected.
Nurses are expected to act in a way a reasonably prudent
Content Area: Legal and Ethical Issues
person with the same education and experience would act
Integrated Processes: Communication/Documentation;
in a similar circumstance.
Nursing Process: Implementation
2. Administering a medication to the wrong patient is not
Client Need: Safe and Effective Care Environment; Man-
an example of assault. Assault occurs when a nurse inten-
agement of Care
tionally threatens to harm or touch a patient in an insult-
Cognitive Level: Knowledge
ing, unjustifiable, or offensive manner. An example is
19. ANSWER: 3. saying, “If you don’t behave, you can’t have your pain
Rationales: medication.”
1. The issue is beyond solving at the primary nurse level. 3. Administering a medication to the wrong patient is not
The adult children on both sides of the issue have a deter- an example of battery. Battery occurs when a nurse inten-
mined position. tionally touches a patient’s body or clothing or anything
2. Although this may be suggested to facilitate a different held by or attached to a patient in an angry, willful, negli-
perspective of the issue that may help promote agreement, gent, or violent manner without consent. Examples include
the spiritual advisor may have a limited focus that will not forcefully undressing a patient, resuscitating a patient who
include the short- and long-term health-care issues. has a do-not-attempt-to-resuscitate order, and administer-
3. This ensures that the two sides of this issue are explored ing a medication refused by a patient.
in a nonconfrontational environment. The ethics commit- 4. Administering a medication to the wrong patient is not
tee will act as the patient’s advocate and protect the rights an example of fraud. Fraud occurs when there is purpose-
of the patient, which is the focus of its activities. ful misrepresentation intended to produce unlawful gain.
4. The nurse should not give advice. Fraud is a reckless disregard of the truth. An example is
TEST-TAKING TIP: Identify the word in the stem that sets a stating, “You should not feel any pain with this proce-
priority. The word best in the stem sets a priority. Identify dure,” when it is commonly known that the procedure is
the option with a specific determiner. The word all in painful.
option 1 is a specific determiner. Rarely is an option with Content Area: Legal and Ethical Issues
a specific determiner the correct answer. Integrated Processes: Nursing Process: Analysis
Content Area: Legal and Ethical Issues Client Need: Safe and Effective Care Environment; Man-
Integrated Processes: Communication/Documentation; agement of Care
Nursing Process: Implementation Cognitive Level: Application
Client Need: Safe and Effective Care Environment; Man-
agement of Care
22. ANSWER: 3, 4, 5.
Rationales:
Cognitive Level: Application
1. Failure to complete an incident report after a patient
20. ANSWER: 1. falls is not associated with HIPAA. This is related to failure
Rationales: to follow a policy or procedure of the agency.
1. The Americans with Disabilities Act protects a person 2. Sharing clinical events and learning with other student
with a disability from discrimination by an employer. An nurses during a clinical post conference does not violate
employer is required by law to provide reasonable HIPAA as long as all members of the class maintain confi-
accommodation within the work setting to facilitate the dentiality of the patient’s protected health information.
job performance of a disabled person. 3. Any professional health caregiver who discusses pro-
2. Nurse practice acts protect patients and society. They tected personal health information within the hearing of
establish the minimum standards of care to be delivered by unauthorized individuals is in violation of maintaining
practicing nurses. protected personal health information.
