CHAPTER 2: LEGAL AND ETHICAL ISSUES

CHAPTER 2: LEGAL AND ETHICAL ISSUES

 

Complete Chapter Questions With Answers

 

Sample Questions Are Posted Below

 

MULTIPLE CHOICE

 

1. When the nurse is dealing with a specific and actual legal problem involving a child or adolescent, which of the following actions is most important for the nurse to take?

a.	Consult with legal counsel who is familiar with the laws in the state where the problem occurred.
b.	Select an attorney who appears to be sympathetic to pediatric clients, who has had success in similar cases, and who is willing to work with the nurse.
c.	Contact the nursing school where he or she graduated to see if it has free legal counsel.
d.	Wait to see if the problem will resolve itself without further action on the part of the nurse.

 

 

ANS:  A

 

	Feedback
A	Correct: If a nurse needs a legal opioion about an issue or concern, a licensed attorney who is familiar with the specific area of law in the state where the problem occurred should be consulted.
B	Incorrect: Although all of these attributes may be desirable in an attorney, the most important action for the nurse to take is consulting an attorney who is familiar with the specific area of law in that state. The answers to many legal questions vary from state to state, depending on the specific laws of the state and how the courts interpret those laws.
C	Incorrect:  The most important action for the nurse to take is consulting an attorney who is familiar with the specific area of law in the state where the problem occurred. The nurse may have graduated from a nursing school in a state other than where the legal problem ocurred.
D	Incorrect: Waiting to see if the problem will resolve itself does not change the fact that the problem involves the legal system. Often waiting will only exaccerbate the problem.

 

 

PTS:   1                    REF:   p. 30 – Legal Considerations

OBJ:   Cognitive Level: Comprehension

 

2. Nurse Practice Acts, Mandatory Reporting Laws, and Good Samaritan Acts are examples of laws affecting nurses. Which of the following is the source for such laws and acts?

a.	constitutional law	c.	state laws and regulations
b.	federal law and regulations	d.	case law

 

 

ANS:  C

 

	Feedback
A	Incorrect: Constitutional law upholds the constitution, Bill of Rights, and 16 Constitutional amendments. It is not a source for Nurse Practice Acts, Mandatory Reporting Laws, and Good Samaritan Acts.
B	Incorrect: Federal laws and regulations uphold congressional laws and federal statutes.
C	Correct: State laws and regulations are the source for Nurse Practice Acts, Mandatory Reporting Laws, and Good Samaritan Acts.
D	Incorrect: Case laws are laws that result from judicial decisions.

 

 

PTS:   1                    REF:   p. 30 – Table 2-1                              OBJ:   Cognitive Level: Knowledge

 

3. Which of the following factors is not necessary to review when obtaining informed consent?

a.	risks of the procedure	c.	alternatives to the procedure
b.	benefits of the procedure	d.	cost of the procedure

 

 

ANS:  D

 

	Feedback
A	Incorrect: Informed consent must include the nature of the procedure, the risks and hazards of the procedure, the alternatives to the procedure, and the benefits of the procedure. Risks of the procedure is a factor that must be reviewed.
B	Incorrect: The benefits of the procedure are one of the factors that must be reviewed when obtaining informed consent.
C	Incorrect: Alternatives to the procedure are one of the factors that must be reviewed when obtaining informed consent.
D	Correct: The cost of the procedure is not a necessary factor to review when obtaining informed consent.

 

 

PTS:   1                    REF:   p. 30 – Informed Consent and Assent for Health Care

OBJ:   Cognitive Level: Knowledge

 

4. In the majority of cases, pediatric clients are asked to give their consent or permission before receiving a procedure or treatment. This process is referred to as which of the following terms?

a.	inclusion	c.	consideration
b.	assent	d.	co-permission

 

 

ANS:  B

 

	Feedback
A	Incorrect: Inclusion is derived from the word include. Include means to involve as a subordinate part.
B	Correct: While pediatric clients are entitled to informed consent, it is usually the role of the parent or legal guardain to give informed consent. A child is asked to give assent prior to a procedure or treatment. Assent means the child has been informed about what will happen during a treatment or procedure, and is willing to permit a health care provider to perform the care.
C	Incorrect: Consideration refers to taking an individual’s opinion into account. However, this is not the correct legal term for giving consent or permission.
D	Incorrect: Co-permission refers to jointly allowing, authorizing, or consenting such as a child with the parent or legal guardian. However, this is not the correct legal term for giving their consent or permission.

 

 

PTS:   1                    REF:   p. 30 – Informed Consent and Assent for Health Care

OBJ:   Cognitive Level: Knowledge

 

5. The major benefit of getting assent from a child is which of the following?

a.	having the assurance of not being sued
b.	enhancing the self-esteem of the child
c.	lessening the controlling nature of caregivers
d.	obtaining the child’s cooperation and lessening the trauma

 

 

ANS:  D

 

	Feedback
A	Incorrect: While getting assent from a child may prevent being sued, it is not the major benefit for obtaining assent.
B	Incorrect: Getting assent from a child should have no effect on his/her self-esteem.
C	Incorrect: Lessening the controlling nature of caregivers is not the major benefit for obtaining assent.
D	Correct: While assent from a child is not legally required, it is always better to have the child’s cooperation prior to giving care. A child’s assent may minimize any trauma to the child.

 

 

PTS:   1                    REF:   p. 30 – Informed Consent and Assent for Health Care

OBJ:   Cognitive Level: Application