Chapter 06 Legal And Ethical Issues in Nursing 6th Edition by Ginny Wacker Guido

Chapter 06 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

A nurse is leaving the parking lot at the hospital and carelessly runs over a patient who was just discharged. Ironically, the nurse had been assigned to care for that patient that day. If the patient sues this nurse, which statement is true?

1. The nurse cannot be held liable for either malpractice or negligence based upon this set of facts.
2. The nurse can be held liable for both negligence and malpractice.
3. The nurse can be held liable for malpractice but not negligence.
4. The nurse can be held liable for negligence but not malpractice.

Correct Answer: 4

Rationale 1: The nurse may be held liable for this injury depending upon circumstances.

Rationale 2: While the nurse may be held liable for injuries, this liability does not fall under malpractice.

Rationale 3: Malpractice addresses a professional practice standard and professional status of the caregiver.

Rationale 4: The nurse may be considered negligent related to driving performance as driving action resulted in harm to an individual. This has nothing to do with the nurse’s nursing practice and the care provided to the patient that day, so malpractice does not apply.

Global Rationale:

 

Cognitive Level: Applying

Client Need: Safe Effective Care Environment

Client Need Sub: Management of Care

Nursing/Integrated Concepts: Nursing Process: Implementation

Learning Outcome: 6.1 Distinguish negligence from malpractice.

 

Question 2

Type: MCSA

Punitive damages of one million dollars were awarded to the family of a patient who died following a nursing medication error. What is true of these punitive damages?

1. These damages are awarded to set an example to other nurses.
2. The jury believes the nurse’s actions were an honest mistake.
3. This jury identified this case as representing simple negligence.
4. The damages are awarded instead of the nurse serving prison time.

Correct Answer: 1

Rationale 1: Punitive damages may be awarded if there is malicious, willful, or wanton misconduct; are usually considerable; and are awarded to deter similar conduct in the future.

Rationale 2: Awarding of punitive damages indicates that the jury absolutely does not think the error was an honest mistake but rather that it was willful in some manner.

Rationale 3: Awarding of punitive damages indicates that the jury absolutely does not think the error was simple negligence but rather that it was willful in some manner.

Rationale 4: Punitive damages do not substitute for prison time.

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: 6.2 List the six elements of malpractice and give examples of each element in professional nursing practice.

 

Question 3

Type: MCSA

A lawsuit has been filed claiming that a nurse’s actions caused the death of a neonate. Why does the attorney for the plaintiff want to prove proximate cause?

1. Proximate cause determines how far the nurse’s liability extends for consequences of the alleged negligent actions.
2. The need for expert witnesses is eliminated because harm can be approximated.
3. A direct line of causation, from incident to injury, is proved.
4. To identify if the harm could have been predicted to result from the action of the defendant

Correct Answer: 1

Rationale 1: Proximate cause attempts to determine if the defendant is liable for occurrences that happen after the negligent act took place.

Rationale 2: Even if the cause is determined, expert witnesses may be needed to testify on other aspects of the case, such as practice standards.

Rationale 3: The direct line of causation from incident to injury describes the concept of cause-in-fact. Proximate cause can be difficult to prove because there are often intervening variables.

Rationale 4: Foreseeability is the concept that the harm that occurred could have been predicted as a result of the action of the defendant.

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: 6.2 List the six elements of malpractice and give examples of each element in professional nursing practice.