Chapter 20: Legal Issues
MULTIPLE CHOICE
1. What action must occur to prove a breach of duty?
a. Liability testimony of physician
b. Testimony from state board of nurses
c. Expert testimony
d. Testimony of coworkers
ANS: C.
The duty of a nurse is to act as a reasonable nurse would under the same or similar
circumstances. An expert witness may testify as to what a reasonable nurse in the
same or similar circumstances would be expected to do. Testimony from a physician,
the state board of nursing, or coworkers does not establish a breach of duty. The state
board of nursing provides the statutes and laws that govern nursing practice.
PTS: 1 DIF: Cognitive Level: Knowledge/Remembering REF: pp.
458-459
OBJ: Be able to identify the elements of nursing negligence and how they are
proven in a negligence claim. TOP: Breach of duty
MSC: NCLEX®: Safe and effective care environment—management of care.
2. What is a significant action a nurse can take to prevent being named in
malpractice suits?
a. Refuse to care for suit-prone patients. .
b. Carry professional liability insurance.
c. Maintain updated professional knowledge and skills.
d. Check with a nursing supervisor before undertaking care.
, ANS: C
When you become a registered nurse, you will have a license to practice nursing. This
license sets certain standards, which you must follow as a nurse in the state. Should
you not live up to these standards, your state can take away your ability to practice as
a nurse. The best way to maintain those standards to practice professionally is to stay
updated on skills and knowledge. Refusing to care for patients does not prevent you
from being named in other malpractice suits. Carrying professional liability insurance
does not prevent a malpractice suit but may provide assistance and monies in paying
out claims. Although it is important to check with a supervisor about questions
concerning nursing care, it may not prevent you from being named if you perform a
procedure or intervention incorrectly.
PTS: 1 DIF: Cognitive Level: Application/Applying REF: p.
458 OBJ: Incorporate an understanding of legal risks into your nursing
practice and how to minimize these risks. TOP: Malpractice
MSC: NCLEX®: Safe and effective care environment—management of care
3. A nurse places a heating pad on the lower leg of a patient with peripheral
vascular disease. When the heating pad is removed, it is apparent that the patient
has sustained partial-thickness burns to the area covered by the pad, and the nurse
is sued for malpractice. Which statement is true?
a. All elements are present to find the nurse liable for damages.
b. Proximate cause cannot be established, so the nurse will not be found
liable.
c. The standard of care in such a situation cannot be established, so the nurse
will not be found liable.
d. No duty to the patient exists, so the nurse will not be held liable.
ANS: A
, The nurse had a duty, that duty was breached, the patient suffered harm (partial-
thickness burn), and that harm was caused by the nurse’s actions. All four elements
for a malpractice suit are present. The other options do not show that all elements are
present and are therefore incorrect.
PTS: 1 DIF: Cognitive Level: Knowledge/Remembering
REF: p. 457 OBJ: Be able to identify the elements of nursing
negligence and how they are proven in a negligence claim. TOP: Malpractice
MSC: NCLEX®: Safe and effective care environment—management of care
4. A nurse has relocated to another state and wants to find a full-time nursing job.
What action should be taken first in order to provide care as a nurse?
a. Begin applying for jobs at the local hospital.
b. Contact the board of nursing in the nurse’s new state to obtain licensure.
c. Begin practicing immediately, as the nurse is still licensed in the other
state.
d. Begin practice on a part-time basis so that a new license is not needed.
ANS: B.
The nurse should contact the board of nursing in the state the nurse just moved to in
order to determine what needs to be done to obtain licensure to practice in that state.
The nurse should not begin practicing without an updated license even on a part-time
basis. Each state may require a new license, and the nurse will not be covered by a
license issued in another state unless the state is part of the nurse licensure compact.
Either way, the nurse will need to contact the board of nursing first.
PTS: 1 DIF: Cognitive Level: Application/Applying REF: p.
455 OBJ: Describe your responsibilities for obtaining and maintaining your
license. TOP: Legal control over nursing practice
MSC: NCLEX®: Safe and effective care environment—management of care
MULTIPLE CHOICE
1. What action must occur to prove a breach of duty?
a. Liability testimony of physician
b. Testimony from state board of nurses
c. Expert testimony
d. Testimony of coworkers
ANS: C.
The duty of a nurse is to act as a reasonable nurse would under the same or similar
circumstances. An expert witness may testify as to what a reasonable nurse in the
same or similar circumstances would be expected to do. Testimony from a physician,
the state board of nursing, or coworkers does not establish a breach of duty. The state
board of nursing provides the statutes and laws that govern nursing practice.
PTS: 1 DIF: Cognitive Level: Knowledge/Remembering REF: pp.
458-459
OBJ: Be able to identify the elements of nursing negligence and how they are
proven in a negligence claim. TOP: Breach of duty
MSC: NCLEX®: Safe and effective care environment—management of care.
2. What is a significant action a nurse can take to prevent being named in
malpractice suits?
a. Refuse to care for suit-prone patients. .
b. Carry professional liability insurance.
c. Maintain updated professional knowledge and skills.
d. Check with a nursing supervisor before undertaking care.
, ANS: C
When you become a registered nurse, you will have a license to practice nursing. This
license sets certain standards, which you must follow as a nurse in the state. Should
you not live up to these standards, your state can take away your ability to practice as
a nurse. The best way to maintain those standards to practice professionally is to stay
updated on skills and knowledge. Refusing to care for patients does not prevent you
from being named in other malpractice suits. Carrying professional liability insurance
does not prevent a malpractice suit but may provide assistance and monies in paying
out claims. Although it is important to check with a supervisor about questions
concerning nursing care, it may not prevent you from being named if you perform a
procedure or intervention incorrectly.
PTS: 1 DIF: Cognitive Level: Application/Applying REF: p.
458 OBJ: Incorporate an understanding of legal risks into your nursing
practice and how to minimize these risks. TOP: Malpractice
MSC: NCLEX®: Safe and effective care environment—management of care
3. A nurse places a heating pad on the lower leg of a patient with peripheral
vascular disease. When the heating pad is removed, it is apparent that the patient
has sustained partial-thickness burns to the area covered by the pad, and the nurse
is sued for malpractice. Which statement is true?
a. All elements are present to find the nurse liable for damages.
b. Proximate cause cannot be established, so the nurse will not be found
liable.
c. The standard of care in such a situation cannot be established, so the nurse
will not be found liable.
d. No duty to the patient exists, so the nurse will not be held liable.
ANS: A
, The nurse had a duty, that duty was breached, the patient suffered harm (partial-
thickness burn), and that harm was caused by the nurse’s actions. All four elements
for a malpractice suit are present. The other options do not show that all elements are
present and are therefore incorrect.
PTS: 1 DIF: Cognitive Level: Knowledge/Remembering
REF: p. 457 OBJ: Be able to identify the elements of nursing
negligence and how they are proven in a negligence claim. TOP: Malpractice
MSC: NCLEX®: Safe and effective care environment—management of care
4. A nurse has relocated to another state and wants to find a full-time nursing job.
What action should be taken first in order to provide care as a nurse?
a. Begin applying for jobs at the local hospital.
b. Contact the board of nursing in the nurse’s new state to obtain licensure.
c. Begin practicing immediately, as the nurse is still licensed in the other
state.
d. Begin practice on a part-time basis so that a new license is not needed.
ANS: B.
The nurse should contact the board of nursing in the state the nurse just moved to in
order to determine what needs to be done to obtain licensure to practice in that state.
The nurse should not begin practicing without an updated license even on a part-time
basis. Each state may require a new license, and the nurse will not be covered by a
license issued in another state unless the state is part of the nurse licensure compact.
Either way, the nurse will need to contact the board of nursing first.
PTS: 1 DIF: Cognitive Level: Application/Applying REF: p.
455 OBJ: Describe your responsibilities for obtaining and maintaining your
license. TOP: Legal control over nursing practice
MSC: NCLEX®: Safe and effective care environment—management of care
