Chapter 13 Legal And Ethical Issues in Nursing 6th Edition by Ginny Wacker Guido

Chapter 13 Legal And Ethical Issues in Nursing 6th Edition by Ginny Wacker Guido

 

Complete Chapter Questions With Answers

 

Sample Questions Are Posted Below

 

Question 1

Type: MCSA

Which statement indicates that a nurse understands how the doctrine of respondeat superior alters his liability for negligent conduct?

1. “If I can prove that this doctrine applies, all of the liability is shifted to the hospital.”
2. ”Respondeat superior will not alter my liability in any way.”
3. “My liability to the patient is reduced by this doctrine.”
4. “Since the hospital is liable for my actions, I am liable to my employer to provide competent care.”

Correct Answer: 4

Rationale 1: Vicarious liability is not a shift of liability, but an extension of liability allowing justice to be fairly distributed.

Rationale 2: If respondeat superior applies to this case, the nurse’s liability will be altered.

Rationale 3: The nurse is always liable for all actions in the care of the patient.

Rationale 4: The courts have supported the concept that the employer is liable for its employees’ actions as an element of the master-servant relationship; therefore, the nurse is liable to the employer. The employer is liable for the conduct and actions of the employee, but the employee is responsible to the employer.

Global Rationale:

 

Cognitive Level: Applying

Client Need: Safe Effective Care Environment

Client Need Sub: Management of Care

Nursing/Integrated Concepts: Nursing Process: Evaluation

Learning Outcome: 13.1 Describe the doctrines of respondeat superior, borrowed and dual servant doctrines, ostensible authority, corporate negligence, and direct corporate liability.

 

Question 2

Type: MCSA

In an effort to attract clinic physicians, the hospital has agreed to provide a nurse to work in the physician’s office. The nurse will work under the direction and supervision of the physician whose clinic is housed with the hospital building. Which doctrine most closely describes the conditions in which this nurse is working?

1. Borrowed servant
2. Dual servant
3. Agent of the principal
4. Independent contractor

Correct Answer: 1

Rationale 1: Borrowed servant occurs when a person, while under contract to one entity, is “loaned” to another entity that will direct and supervise the details of the person’s work.

Rationale 2: A dual servant is one who can be shown to serve both entities at the same time.

Rationale 3: As an agent of the principal, the person is under the control of only the principal or single employer.

Rationale 4: An independent contractor is one who arranges with another to perform a service for him or her but who is not under the control or right to control of the second person.

Global Rationale:

 

Cognitive Level: Applying

Client Need: Safe Effective Care Environment

Client Need Sub: Management of Care

Nursing/Integrated Concepts: Nursing Process: Assessment

Learning Outcome: 13.1 Describe the doctrines of respondeat superior, borrowed and dual servant doctrines, ostensible authority, corporate negligence, and direct corporate liability.

 

Question 3

Type: MCSA

The hospital has outsourced housekeeping services to an independent contractor. A patient who was injured in a fall on wet flooring brings suit against the company. Does the hospital also hold liability?

1. Yes, secondary to the doctrine of borrowed servant
2. No, secondary to the doctrine of respondeat superior
3. Maybe, secondary to the doctrine of dual servant
4. Perhaps, secondary to the doctrine of ostensible authority

Correct Answer: 4

Rationale 1: Borrowed servant occurs when a person, while under contract to one entity, is “loaned” to another entity that will direct and supervise the details of the person’s work.

Rationale 2: Respondeat superior is the common law principle of substituted liability based on a master-servant relationship.

Rationale 3: A dual servant is one who can be shown to serve both entities at the same time.

Rationale 4: Ostensible authority is an application of agency law that allows a principal to be liable for acts and omissions by independent contractors working within the principal’s place of business or at the direction of the principal, and a third party misinterprets the relationship as employer-employee.

Global Rationale:

 

Cognitive Level: Applying

Client Need: Safe Effective Care Environment

Client Need Sub: Management of Care

Nursing/Integrated Concepts: Nursing Process: Assessment

Learning Outcome: 13.1 Describe the doctrines of respondeat superior, borrowed and dual servant doctrines, ostensible authority, corporate negligence, and direct corporate liability.

 

Question 4

Type: MCSA

The hospital acts to revoke the clinical privileges of a physician who has repeatedly refused to respond to emergency calls from nursing staff. Under which doctrine is this action advisable?

1. Respondeat superior
2. Corporate liability
3. Borrowed servant
4. Dual servant

Correct Answer: 2

Rationale 1: Respondeat superior is the common law principle of substituted liability based on a master-servant relationship.

Rationale 2: Under the doctrine of corporate liability, corporations have a direct duty to the public they serve, ensuring that competent and qualified practitioners deliver quality health care to consumers.

Rationale 3: Borrowed servant occurs when a person, while under contract to one entity, is “loaned” to another entity that will direct and supervise the details of the person’s work.

Rationale 4: A dual servant is one who can be shown to serve both entities at the same time.

Global Rationale:

 

Cognitive Level: Applying

Client Need: Safe Effective Care Environment

Client Need Sub: Management of Care

Nursing/Integrated Concepts: Nursing Process: Assessment

Learning Outcome: 13.1 Describe the doctrines of respondeat superior, borrowed and dual servant doctrines, ostensible authority, corporate negligence, and direct corporate liability.