Functions in Nursing: Theory and Application 11th
Edition by by Carol J.
Two registered nurses have disagreed about their scope of practice regarding
medication administration. What resource should the nurse consult?
A. The Nurse Practice Act
B. The nursing standards of practice
C. The attorney general's office
D. The code of ethics - ANSWER A. The Nurse Practice Act
Feedback: Nurse Practice Acts define and limit the practice of nursing, stating what
constitutes authorized practice as well as what exceeds the scope of authority. An
attorney
general's office cannot supersede the provisions of a Nurse Practice Act. Ethical
guidelines
do not establish a nurse's scope of practice. Standards of practice describe the
quality of a
nurse's care but not the legal scope.
A nurse is facing a malpractice suit after a client was injured in a fall. When
establishing whether the nurse committed a breach of duty, the court will consult
with:
A. Medical experts from the same area of specialty
B. Members of public who have been treated in similar care setting
C. The administrators of health facility where the fall occurred
D. Other nurses who practice in similar settings and specialties - ANSWER D.
Other nurses who practice in similar settings and specialties
Feedback: The testimony of other nurses in the same specialty as the defendant
may be used
to prove breach of duty. These people are considered a reliable and valid source of
information by the court, more so than members of the public, administrators, or
medical
experts
A health care provider prescribes a medical procedure that the staff nurse has
reason to believe will harm the client. Which principle should guide the nurses choice
of action?
a. The staff nurse cannot be held legally liable for any harm to the client if the
procedure is carried out with due care.
b. The nurse may lose his or her license by refusing to carry out the procedure.
c. The nurse can be held legally liable for any harm if the procedure is carried out
without questioning it.
d. Liability rests with the health-care provider, not the nurse. - ANSWER ANS: C
, Feedback: The rule of personal liability says that every person is liable for his or her
own
conduct, even if someone else prescribed the intervention. The law does not permit
a
wrongdoer to avoid legal liability for his or her own wrongdoing, even though
someone else
also may be sued and held legally liable. "Due care" does not negate the
consequences of
the nurse's actions or release the nurse from liability if he or she knowingly
committed an
unsafe act. Refusal to carry out the procedure would not be a basis for losing a
nursing
license.
The preoperative admitting nurse witnessed a client sign an operative consent form.
The
nurse then cosigned the same document as a witness. The client suffered an injury
during
surgery and names the nurse in the suit because the nurse witnessed the consent
form. What
is the most likely outcome?
a. The nurse is not likely liable because the signature only specifies that the nurse
witnessed the client signing the consent form.
b. The nurse is likely not liable because surgery is beyond the nurse's scope of
practice.
c. The nurse may be liable because cosigning the consent form makes the nurse an
equal member of the surgical team.
d. The nurse is liable because cosigning the consent form confirms that the client
fully understood the risks of surgery. - ANSWER ANS: A
Feedback: Informed consent is obtained by a physician; therefore, in most cases, a
nurse is
not legally responsible for informed consent but is confirming that the client signed
the
consent form. If the nurse acts solely in the role of a witness, there are not likely to
be legal
consequences for the nurse. The nurse would not be considered to be a full member
of the
surgical team if his or her role was limited to admitting the client. Surgery is beyond
the
nurse's scope of practice, but this does not form the basis for the nurse's likely
exemption
from liability.
A client is preparing to be discharged from the health-care facility and has told the
nurse
that he would like to read his medical record. What is the nurse's best initial action?
a. Arrange for the medical record to be provided to the client.
b. Inform the client that this request will be communicated to the facility's ethics
committee.
c. Confirm the facility's policy around providing medical records to clients.