2022 Hesi Leadership & Management Exam Version 1
& 2 (V1-V2
Laws Governing Nursing - ANSWER: Nurse Practice Acts
Nurse Practice Acts - ANSWER: provide the laws that control the practice of nursing
in each state.
Mandatory Nurse Practice Acts - ANSWER: authorize that, under the law, only
licensed professionals an practice nursing.
Nurse's Responsibility in making assignments - ANSWER: governed by Nurse Practice
Acts. 1. Assignments should be commensurate with the nursing personnel's
educational preparation, experience, and knowledge. 2. The nurse should supervise
the care provided by nursing personnel for which he or she is administratively
responsible. 3. Sterile or invasive procedures should be assigned to or supervised by
a professional nurse (RN).
Torts - ANSWER: An act involving injury or damage to another (except breach of
contract) resulting in civil liability (i.e., the victim can sue) instead of criminal liability
Unintentional Torts - ANSWER: Negligence and malpractice
Negligence - ANSWER: performing an act that a reasonable and prudent person
would not perform. The measure of negligence is "reasonableness" (i.e., would a
reasonable and prudent nurse act in the same manner under the same
circumstances?)
Malpractice - ANSWER: negligence by professional personnel (e.g., professional
misconduct or unreasonable lack of skill in carrying out professional duties)
Four elements necessary to prove negligence or malpractice - ANSWER: duty, breach
of duty, injury/damages, causation
Duty - ANSWER: Obligation to use due care (what a reasonable, prudent nurse would
do); failure to care for and/or to protect others against unreasonable risk. The nurse
must anticipate foreseeable risks. Example: If a floor has water on it, the nurse is
responsible for anticipating the risk for a client's falling.
Breach of duty - ANSWER: failure to perform according to the established standard
of conduct in providing nursing care
, Injury/damages - ANSWER: failure to meet standard of care, which causes actual
injury or damage to the client, either physical or mental.
Causation - ANSWER: a connection exists between conduct and the resulting injury
referred to as "proximate cause" or "remoteness of damage"
Hospital policies - ANSWER: provide a guide for nursing actions. They are not laws,
but courts generally rule against nurses who have violated the employer's policies.
Hospital can be liable for poorly formulated or poorly implemented policies
Incident reports - ANSWER: alert administration to possible liability claims and the
need for investigation; they do not protect against legal action being taken for
negligence or malpractice
Examples of negligence or malpractice - ANSWER: 1. Burning a client with a heating
pad. 2. Leaving sponges or instruments in a client's body after surgery. 3. Performing
incompetent assessments. 4. Failing to heed warning signs of shock or impending MI.
5. Ignoring signs and symptoms of bleeding. 6. Forgetting to give a med or giving the
wrong med
Intentional Torts - ANSWER: Assault and battery, Invasion of privacy, False
imprisonment, Exposure of a person, Defamation, Fraud
Assault - ANSWER: Mental or physical threat (e.g., forcing [without touching] a client
to take a medication or treatment)
Battery - ANSWER: touching, with or without the intent to do harm (e.g., hitting or
striking a client). If a mentally competent adult is forced to have a treatment he or
she has refused, battery occurs.
Invasion of privacy - ANSWER: Encroachment or trespassing on another's body or
personality
False imprisonment - ANSWER: confinement without authorization
Exposure of a person - ANSWER: Exposure or discussion of a client's case. After
death, a client has the right to be unobserved, excluded from unwarranted
operations, and protected from unauthorized touching of the body.
Defamation - ANSWER: divulgence of privileged information or communication (e.g.,
through charts, conversations, or observations)
Fraud - ANSWER: willful and purposeful misrepresentation that could cause, or has
caused, loss or harm to a person or property. Examples of fraud include: 1.
Presenting false credential for the purpose of entering nursing school, obtaining a
license, or obtaining employment. 2. Describing a myth regarding a treatment (e.g.,
telling a client that a placebo has not side effects and will cure the disease or telling a
& 2 (V1-V2
Laws Governing Nursing - ANSWER: Nurse Practice Acts
Nurse Practice Acts - ANSWER: provide the laws that control the practice of nursing
in each state.
Mandatory Nurse Practice Acts - ANSWER: authorize that, under the law, only
licensed professionals an practice nursing.
Nurse's Responsibility in making assignments - ANSWER: governed by Nurse Practice
Acts. 1. Assignments should be commensurate with the nursing personnel's
educational preparation, experience, and knowledge. 2. The nurse should supervise
the care provided by nursing personnel for which he or she is administratively
responsible. 3. Sterile or invasive procedures should be assigned to or supervised by
a professional nurse (RN).
Torts - ANSWER: An act involving injury or damage to another (except breach of
contract) resulting in civil liability (i.e., the victim can sue) instead of criminal liability
Unintentional Torts - ANSWER: Negligence and malpractice
Negligence - ANSWER: performing an act that a reasonable and prudent person
would not perform. The measure of negligence is "reasonableness" (i.e., would a
reasonable and prudent nurse act in the same manner under the same
circumstances?)
Malpractice - ANSWER: negligence by professional personnel (e.g., professional
misconduct or unreasonable lack of skill in carrying out professional duties)
Four elements necessary to prove negligence or malpractice - ANSWER: duty, breach
of duty, injury/damages, causation
Duty - ANSWER: Obligation to use due care (what a reasonable, prudent nurse would
do); failure to care for and/or to protect others against unreasonable risk. The nurse
must anticipate foreseeable risks. Example: If a floor has water on it, the nurse is
responsible for anticipating the risk for a client's falling.
Breach of duty - ANSWER: failure to perform according to the established standard
of conduct in providing nursing care
, Injury/damages - ANSWER: failure to meet standard of care, which causes actual
injury or damage to the client, either physical or mental.
Causation - ANSWER: a connection exists between conduct and the resulting injury
referred to as "proximate cause" or "remoteness of damage"
Hospital policies - ANSWER: provide a guide for nursing actions. They are not laws,
but courts generally rule against nurses who have violated the employer's policies.
Hospital can be liable for poorly formulated or poorly implemented policies
Incident reports - ANSWER: alert administration to possible liability claims and the
need for investigation; they do not protect against legal action being taken for
negligence or malpractice
Examples of negligence or malpractice - ANSWER: 1. Burning a client with a heating
pad. 2. Leaving sponges or instruments in a client's body after surgery. 3. Performing
incompetent assessments. 4. Failing to heed warning signs of shock or impending MI.
5. Ignoring signs and symptoms of bleeding. 6. Forgetting to give a med or giving the
wrong med
Intentional Torts - ANSWER: Assault and battery, Invasion of privacy, False
imprisonment, Exposure of a person, Defamation, Fraud
Assault - ANSWER: Mental or physical threat (e.g., forcing [without touching] a client
to take a medication or treatment)
Battery - ANSWER: touching, with or without the intent to do harm (e.g., hitting or
striking a client). If a mentally competent adult is forced to have a treatment he or
she has refused, battery occurs.
Invasion of privacy - ANSWER: Encroachment or trespassing on another's body or
personality
False imprisonment - ANSWER: confinement without authorization
Exposure of a person - ANSWER: Exposure or discussion of a client's case. After
death, a client has the right to be unobserved, excluded from unwarranted
operations, and protected from unauthorized touching of the body.
Defamation - ANSWER: divulgence of privileged information or communication (e.g.,
through charts, conversations, or observations)
Fraud - ANSWER: willful and purposeful misrepresentation that could cause, or has
caused, loss or harm to a person or property. Examples of fraud include: 1.
Presenting false credential for the purpose of entering nursing school, obtaining a
license, or obtaining employment. 2. Describing a myth regarding a treatment (e.g.,
telling a client that a placebo has not side effects and will cure the disease or telling a
