Chapter 07 Legal And Ethical Issues in Nursing 6th Edition by Ginny Wacker Guido

Chapter 07 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

The nurse has been sued for defamation after charting that the patient is a prostitute. What is the nurse’s best defense in this case?

1. Define the contributing factors.
2. Prove that the statement is true.
3. No defense exists for defamation.
4. Provide hearsay evidence.

Correct Answer: 2

Rationale 1: Contributory negligence is a defense used when there is a need to identify fault in the injury.

Rationale 2: Truth is one of the primary defenses for defamation. The nurse must prove that the statement identifying the patient as a prostitute is completely true.

Rationale 3: There are defenses against the charge of defamation.

Rationale 4: Hearsay is not a way of validating truth.

Global Rationale:

 

Cognitive Level: Applying

Client Need: Safe Effective Care Environment

Client Need Sub: Management of Care

Nursing/Integrated Concepts: Nursing Process: Planning

Learning Outcome: 7.1 Define the term defense and give examples of defenses that may be used against intentional, quasi-intentional, and negligence torts.

 

Question 2

Type: MCSA

A patient refused to ambulate postoperatively and subsequently developed bilateral pneumonia, causing his hospital stay to be lengthened. After discharge, the patient filed a lawsuit claiming his primary nurse was negligent in allowing him to develop pneumonia. What is the nurse’s best defense in this case?

1. The patient was told that complications could arise when signing the informed consent form.
2. The patient should have anticipated a longer hospital stay if complications arose.
3. The patient was aware of the substandard care at the time it occurred.
4. The patient’s conduct contributed to his complications.

Correct Answer: 4

Rationale 1: While the patient assumes risk with informed consent, which could be a potential defense, the patient did not follow advice or instructions.

Rationale 2: The logic that complications will result in longer hospital stays does not help support the nurse’s defense.

Rationale 3: Admitting to the knowledge that care was substandard would hinder the defense, not help it.

Rationale 4: The patient’s own negligence in this case could be argued as a contributory cause. This factor becomes the best defense in this scenario.

Global Rationale:

 

Cognitive Level: Analyzing

Client Need: Safe Effective Care Environment

Client Need Sub: Management of Care

Nursing/Integrated Concepts: Nursing Process: Planning

Learning Outcome: 7.1 Define the term defense and give examples of defenses that may be used against intentional, quasi-intentional, and negligence torts.

 

Question 3

Type: MCSA

A patient, injured at work, was seen by the factory occupational nurse. The nurse treated the wound and instructed the patient to get a tetanus antitoxin injection at the county health department. The patient failed to follow instructions, developed tetanus, and subsequently filed a suit against the nurse. What is the most likely result of the ensuing trial?

1. The nurse is not liable, because tetanus is a reportable disease and the health department should have insisted the patient take the injection.
2. The nurse is liable, because there was no follow-up to ensure that the patient received the injection.
3. The nurse is liable, because tetanus is easily treatable after diagnosis.
4. The nurse is not liable for damages, because the nurse has a right to expect that instructions will be followed.

Correct Answer: 4

Rationale 1: Unless the disease is one that is a danger to the general public if not treated, the patient can refuse treatment at the health department as well.

Rationale 2: While follow-up is common, the patient still retains the right to follow or not follow instructions.

Rationale 3: Tetanus is not easily treatable, but the ease of treatment is not a factor in this case.

Rationale 4: The court recognizes that the patient’s own negligence could contribute to adverse outcomes, as in this case. The patient has a right to refuse or follow advice or instructions but must bear the results of that decision. When this occurs, the legal system applies the concept of contributory or comparative negligence.

Global Rationale:

 

Cognitive Level: Analyzing

Client Need: Safe Effective Care Environment

Client Need Sub: Management of Care

Nursing/Integrated Concepts: Nursing Process: Implementation

Learning Outcome: 7.1 Define the term defense and give examples of defenses that may be used against intentional, quasi-intentional, and negligence torts.

 

Question 4

Type: MCSA

When a patient became confused and dangerous to himself and others in the setting, restraints were applied, and the patient was confined to bed. What is the nurse’s best defense for applying restraints?

1. Necessity
2. Consent
3. Self-defense
4. Privilege

Correct Answer: 3

Rationale 1: Necessity is a defense that allows a nurse to interfere with a patient’s property rights to avoid a threatened injury, which does not apply to this scenario.

Rationale 2: The nurse did not get consent.

Rationale 3: Self-defense and defense of others may be justifiable to protect oneself and others in the area from harm.

Rationale 4: It is not a privilege to act in this manner.

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: 7.1 Define the term defense and give examples of defenses that may be used against intentional, quasi-intentional, and negligence torts.