2022 Hesi Leadership & Management Exam Version 1
& 2 (V1-V2
Laws that Govern Nursing? - ANSWER: Nurse Practice Act
Nurse Practice Act provide the laws that? - ANSWER: control the practice of nursing
in each state: 1. Assignments commensurate w/education, experience and
knowledge. 2. supervise care provided by nursing personnel for which he/she is
responsible administratively responsible for. 3. Sterile/invasive procedures assigned
to prof. nurse (RN)
Torts (utorts) - ANSWER: Act involving injury/damage to another resulting in civil
liability(victim can sue)
Negligence (utorts) - ANSWER: THE (COMMISSION) OF DOING AN ACT OR THE
(OMISSION) OF NOT DOING AN ACT THAT A REASONABLY PRUDENT PERSON WOULD
HAVE PERFORMED IN SIMILAR SITUATION
Malpractice (utorts) - ANSWER: Act or omission to act that breaches the duty of due
care and results in or is responsible for a person's injuries.
4 elements necessary to prove negligence/malpractice? - ANSWER: Duty, Breach of
Duty, Injury/damages and Causation
Duty - ANSWER: Obligation to use due care-what a reasonable prudent nurse would
do, failure to care for to protect others against unreasonable risk and anticipate
foreseeable risks.
Breech of Duty - ANSWER: Failure to conform to the standard of practice, thus
creating a risk for the client. Ie leaving the bedrails down.
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/remoteness of damage"
Hospital Policies (utorts) - ANSWER: provide guide for nursing actions-not laws-but
courts usually rule against nurses who have violated employer's policies.
Incident reports (utorts) - ANSWER: alert administration to possible liability claims
and need for investigation-do not protect against legal action
,Examples of negligence/malpractice (utorts) - ANSWER: burning a client w/heating
pad, leaving sponges/instruments in a client's body after surgery, performing
incomplete assessments, ignoring s and s of bleeding, forgetting to give meds or give
wrong dose
Assault (Itorts) - ANSWER: Mental/physical threat(forcing w/o touching)-client to
take medications
Battery (Itorts) - ANSWER: Touching, w/w out intent to do harm(hitting/striking a
client) If a mentally competent adult is force to have treatment he/she has refused ,
battery occurs
Invasion of privacy (Itorts) - ANSWER: encroachment/trespassing on anothers
body/personality
False imprisonment (Itorts INV of Priv) - ANSWER: intentional confinement or
restraint of another person without authority or justification and without that
person's consent
Exposure of a person (Itorts INV of Priv) - ANSWER: Exposure/discussion of clients
case. **After death client has the right to be unobserved, excluded from
unwarranted operations and protected from unauthorized touching of the body**
Defamation (Itorts INV of Priv) - ANSWER: Divulgence of privileged
info/communication (e.g. through charts, conversations, observations)
Fraud (Itorts) - ANSWER: Willful/purposeful misrepresentation that could cause/ or
has caused loss or harm to a person or property
Examples of Fraud (Itorts) - ANSWER: Presenting false credentials for purpose of
entering nursing school, obtaining license or employment, describing myth regarding
a treatment (e.g. placebo has no side effects, telling procedure or x ray wont hurt)
Crimes - ANSWER: wrongs punishable by state, committed against the state w/intent
usually present
Commission of a crime involves these behaviors. - ANSWER: 1. Person omits an act,
when there is legal obligation, 2. Criminal conspiracy=2 or more people agree to
commit crime, 3. person commits a deed contrary to criminal law, 4. Ass/giving aide
to a person to commit crime, 5. Ignoring law, 6. Assault (justified for self
defense=only enough force used to maintain self-protection), 7. Search warrants
required prior to searching, 8. Not reporting suspected child abuse.
Psych nursing Civil procedures - ANSWER: Methods used to protect rights of psych
clients
, Psych nursing Voluntary Admission - ANSWER: Client admits himself/herself to
institution for treatment and **retains civil rights**
Psych nursing Involuntary admission - ANSWER: Someone other than client applies
for the client's admission to an institution-**1. requires certification by health care
provider that client is danger to self and others, 2. Individuals have right to legal
hearing w/in certain # of hours-days, 3. Most states limit commitment to 90 days, 4.
Extended commitment no longer than 1 year**
Psych nursing Emergency Admission - ANSWER: Any adult may apply for emergency
detention of another-medical/judicial approval required to **detain beyond 24
hours**//1. held against will can file writ of habeas corpus to try get court to hear
case and release person, 2. Court determines sanity+alleged unlawful restraint of a
person.
Psych nursing Legal and Civil rights of hospitalized clients - ANSWER: right to wear
own clothes, keep personal items, some cash, storage space, see visitors, reasonable
access to phone w/privacy, recieve and send mail, refuse shock treatments and
lobotomy
Psych nursing Competency Hearing - ANSWER: Legal hearing held to determine a
persons ability to make responsible decisions about self, dependents or property.
Psych nursing Persons declared Incompetent - ANSWER: have legal status of a
MINOR---they CANNOT--1. vote, 2. make contracts or wills, 3. drive a car, 4. sue or
be sued, 5. hold a professional license
Psych nursing Insanity - ANSWER: Accused is not criminally responsible for the
unlawful act committed because he/she is mentally ill
Psych nursing Inability to stand trial - ANSWER: Accused of committing a crime and is
not mentally capable of standing trial--1. He/she cannot understand the charge
against him/herself, 2. Must be sent to psych unit until legally determined
competent for trial, 3. Once mentally fit, must stand trial and serve sentence if
convicted
Joint Commission implemented new patient id requirements? - ANSWER: ask name,
birth date whenever taking blood samples, admin meds, admin blood products.
**patient room # may not be used**
Surgical Permit - ANSWER: Must be obtained prior to surgical procedure, however
minor it may be. Legally it must be 1. written, 2. obtained voluntarily, 3. explained to
client(informed consent must be obtained)
Informed Consent - ANSWER: Operation has been fully explained to client including
1. complications/disfigurements, 2. removal of organs or parts of body
& 2 (V1-V2
Laws that Govern Nursing? - ANSWER: Nurse Practice Act
Nurse Practice Act provide the laws that? - ANSWER: control the practice of nursing
in each state: 1. Assignments commensurate w/education, experience and
knowledge. 2. supervise care provided by nursing personnel for which he/she is
responsible administratively responsible for. 3. Sterile/invasive procedures assigned
to prof. nurse (RN)
Torts (utorts) - ANSWER: Act involving injury/damage to another resulting in civil
liability(victim can sue)
Negligence (utorts) - ANSWER: THE (COMMISSION) OF DOING AN ACT OR THE
(OMISSION) OF NOT DOING AN ACT THAT A REASONABLY PRUDENT PERSON WOULD
HAVE PERFORMED IN SIMILAR SITUATION
Malpractice (utorts) - ANSWER: Act or omission to act that breaches the duty of due
care and results in or is responsible for a person's injuries.
4 elements necessary to prove negligence/malpractice? - ANSWER: Duty, Breach of
Duty, Injury/damages and Causation
Duty - ANSWER: Obligation to use due care-what a reasonable prudent nurse would
do, failure to care for to protect others against unreasonable risk and anticipate
foreseeable risks.
Breech of Duty - ANSWER: Failure to conform to the standard of practice, thus
creating a risk for the client. Ie leaving the bedrails down.
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/remoteness of damage"
Hospital Policies (utorts) - ANSWER: provide guide for nursing actions-not laws-but
courts usually rule against nurses who have violated employer's policies.
Incident reports (utorts) - ANSWER: alert administration to possible liability claims
and need for investigation-do not protect against legal action
,Examples of negligence/malpractice (utorts) - ANSWER: burning a client w/heating
pad, leaving sponges/instruments in a client's body after surgery, performing
incomplete assessments, ignoring s and s of bleeding, forgetting to give meds or give
wrong dose
Assault (Itorts) - ANSWER: Mental/physical threat(forcing w/o touching)-client to
take medications
Battery (Itorts) - ANSWER: Touching, w/w out intent to do harm(hitting/striking a
client) If a mentally competent adult is force to have treatment he/she has refused ,
battery occurs
Invasion of privacy (Itorts) - ANSWER: encroachment/trespassing on anothers
body/personality
False imprisonment (Itorts INV of Priv) - ANSWER: intentional confinement or
restraint of another person without authority or justification and without that
person's consent
Exposure of a person (Itorts INV of Priv) - ANSWER: Exposure/discussion of clients
case. **After death client has the right to be unobserved, excluded from
unwarranted operations and protected from unauthorized touching of the body**
Defamation (Itorts INV of Priv) - ANSWER: Divulgence of privileged
info/communication (e.g. through charts, conversations, observations)
Fraud (Itorts) - ANSWER: Willful/purposeful misrepresentation that could cause/ or
has caused loss or harm to a person or property
Examples of Fraud (Itorts) - ANSWER: Presenting false credentials for purpose of
entering nursing school, obtaining license or employment, describing myth regarding
a treatment (e.g. placebo has no side effects, telling procedure or x ray wont hurt)
Crimes - ANSWER: wrongs punishable by state, committed against the state w/intent
usually present
Commission of a crime involves these behaviors. - ANSWER: 1. Person omits an act,
when there is legal obligation, 2. Criminal conspiracy=2 or more people agree to
commit crime, 3. person commits a deed contrary to criminal law, 4. Ass/giving aide
to a person to commit crime, 5. Ignoring law, 6. Assault (justified for self
defense=only enough force used to maintain self-protection), 7. Search warrants
required prior to searching, 8. Not reporting suspected child abuse.
Psych nursing Civil procedures - ANSWER: Methods used to protect rights of psych
clients
, Psych nursing Voluntary Admission - ANSWER: Client admits himself/herself to
institution for treatment and **retains civil rights**
Psych nursing Involuntary admission - ANSWER: Someone other than client applies
for the client's admission to an institution-**1. requires certification by health care
provider that client is danger to self and others, 2. Individuals have right to legal
hearing w/in certain # of hours-days, 3. Most states limit commitment to 90 days, 4.
Extended commitment no longer than 1 year**
Psych nursing Emergency Admission - ANSWER: Any adult may apply for emergency
detention of another-medical/judicial approval required to **detain beyond 24
hours**//1. held against will can file writ of habeas corpus to try get court to hear
case and release person, 2. Court determines sanity+alleged unlawful restraint of a
person.
Psych nursing Legal and Civil rights of hospitalized clients - ANSWER: right to wear
own clothes, keep personal items, some cash, storage space, see visitors, reasonable
access to phone w/privacy, recieve and send mail, refuse shock treatments and
lobotomy
Psych nursing Competency Hearing - ANSWER: Legal hearing held to determine a
persons ability to make responsible decisions about self, dependents or property.
Psych nursing Persons declared Incompetent - ANSWER: have legal status of a
MINOR---they CANNOT--1. vote, 2. make contracts or wills, 3. drive a car, 4. sue or
be sued, 5. hold a professional license
Psych nursing Insanity - ANSWER: Accused is not criminally responsible for the
unlawful act committed because he/she is mentally ill
Psych nursing Inability to stand trial - ANSWER: Accused of committing a crime and is
not mentally capable of standing trial--1. He/she cannot understand the charge
against him/herself, 2. Must be sent to psych unit until legally determined
competent for trial, 3. Once mentally fit, must stand trial and serve sentence if
convicted
Joint Commission implemented new patient id requirements? - ANSWER: ask name,
birth date whenever taking blood samples, admin meds, admin blood products.
**patient room # may not be used**
Surgical Permit - ANSWER: Must be obtained prior to surgical procedure, however
minor it may be. Legally it must be 1. written, 2. obtained voluntarily, 3. explained to
client(informed consent must be obtained)
Informed Consent - ANSWER: Operation has been fully explained to client including
1. complications/disfigurements, 2. removal of organs or parts of body
