Module 49 Legal Issues

Module 49   Legal Issues

 

Complete Chapter Questions With Answers

 

Sample Questions Are Posted Below

 

The Concept of Legal Issues

 

1) During a clinical rotation a nursing student administers a medication to the wrong child while the instructor was with another student. What should the instructor explain to the student who committed the medication error?

1. A) “You have placed the nursing student program in danger.”
2. B) “You may be sued by the hospital for the extra care cost to the client.”
3. C) “You are expected to practice like a licensed nurse.”
4. D) “You have set a bad example for the other students.”

Answer:  C

Explanation:

1. A) A nursing student is held to the standard of conduct of an experienced, licensed professional nurse. Students are required to know the standards and to follow them. Hospitals do not generally sue nurses to recover money for extended care due to an error. It is not likely that the teaching program is in danger as people do make mistakes and hospitals do rely on nursing schools to help provide care to clients. It is not likely that the other students are apt to follow the example of a student who fails to follow policy.
2. B) A nursing student is held to the standard of conduct of an experienced, licensed professional nurse. Students are required to know the standards and to follow them. Hospitals do not generally sue nurses to recover money for extended care due to an error. It is not likely that the teaching program is in danger as people do make mistakes and hospitals do rely on nursing schools to help provide care to clients. It is not likely that the other students are apt to follow the example of a student who fails to follow policy.
3. C) A nursing student is held to the standard of conduct of an experienced, licensed professional nurse. Students are required to know the standards and to follow them. Hospitals do not generally sue nurses to recover money for extended care due to an error. It is not likely that the teaching program is in danger as people do make mistakes and hospitals do rely on nursing schools to help provide care to clients. It is not likely that the other students are apt to follow the example of a student who fails to follow policy.
4. D) A nursing student is held to the standard of conduct of an experienced, licensed professional nurse. Students are required to know the standards and to follow them. Hospitals do not generally sue nurses to recover money for extended care due to an error. It is not likely that the teaching program is in danger as people do make mistakes and hospitals do rely on nursing schools to help provide care to clients. It is not likely that the other students are apt to follow the example of a student who fails to follow policy.

Page Ref: 2655

Cognitive Level:  Applying

Client Need:  Safe and Effective Care Environment

Nursing Process:  Implementation

Learning Outcome:  1. Discuss elements of professional negligence and malpractice in nursing.

 

2) The nurse is concerned that a client is going to sue the nurse for negligence when providing care. Which nursing action(s) should the nurse question when determining if negligence occurred when providing client care?

Select all that apply.

1. A) Client fell getting out of bed because the call light was not used.
2. B) Client name band was checked prior to providing all medications.
3. C) Client’s morning medications administered in the early afternoon.
4. D) Client states not understanding activity restrictions and wound eviscerated.
5. E) Client documentation did not include appearance of infiltrated IV site.

Answer:  A, C, D, E

Explanation:

1. A) One strategy to prevent instances of professional negligence is to ensure client safety. The client fell when getting out of bed because the call light was not used. Because there is no way of knowing if the client knew how to use the call light, the nurse should be concerned with this situation. Checking the client name band before providing medications is not an action that is negligent. However providing medications beyond the prescribed time can be viewed as negligent care. Clear communication of directions, explanations, and providing effective client education regarding the client’s healthcare requirements can help decrease the risk of bad outcomes so the wound evisceration could be viewed as negligent care. Poor documentation about care, wounds, and intravenous sites could be viewed as negligent care.
2. B) One strategy to prevent instances of professional negligence is to ensure client safety. The client fell when getting out of bed because the call light was not used. Because there is no way of knowing if the client knew how to use the call light, the nurse should be concerned with this situation. Checking the client name band before providing medications is not an action that is negligent. However providing medications beyond the prescribed time can be viewed as negligent care. Clear communication of directions, explanations, and providing effective client education regarding the client’s healthcare requirements can help decrease the risk of bad outcomes so the wound evisceration could be viewed as negligent care. Poor documentation about care, wounds, and intravenous sites could be viewed as negligent care.
3. C) One strategy to prevent instances of professional negligence is to ensure client safety. The client fell when getting out of bed because the call light was not used. Because there is no way of knowing if the client knew how to use the call light, the nurse should be concerned with this situation. Checking the client name band before providing medications is not an action that is negligent. However providing medications beyond the prescribed time can be viewed as negligent care. Clear communication of directions, explanations, and providing effective client education regarding the client’s healthcare requirements can help decrease the risk of bad outcomes so the wound evisceration could be viewed as negligent care. Poor documentation about care, wounds, and intravenous sites could be viewed as negligent care.

 

1. D) One strategy to prevent instances of professional negligence is to ensure client safety. The client fell when getting out of bed because the call light was not used. Because there is no way of knowing if the client knew how to use the call light, the nurse should be concerned with this situation. Checking the client name band before providing medications is not an action that is negligent. However providing medications beyond the prescribed time can be viewed as negligent care. Clear communication of directions, explanations, and providing effective client education regarding the client’s healthcare requirements can help decrease the risk of bad outcomes so the wound evisceration could be viewed as negligent care. Poor documentation about care, wounds, and intravenous sites could be viewed as negligent care.
2. E) One strategy to prevent instances of professional negligence is to ensure client safety. The client fell when getting out of bed because the call light was not used. Because there is no way of knowing if the client knew how to use the call light, the nurse should be concerned with this situation. Checking the client name band before providing medications is not an action that is negligent. However providing medications beyond the prescribed time can be viewed as negligent care. Clear communication of directions, explanations, and providing effective client education regarding the client’s healthcare requirements can help decrease the risk of bad outcomes so the wound evisceration could be viewed as negligent care. Poor documentation about care, wounds, and intravenous sites could be viewed as negligent care.

Page Ref: 2655

Cognitive Level:  Analyzing

Client Need:  Safe and Effective Care Environment

Nursing Process:  Evaluation

Learning Outcome:  2. Summarize strategies to prevent incidents of professional negligence.

 

3) The nurse is puzzled with an expectation when providing client care. Which approach(es) should help the nurse understand the client care dilemma?

Select all that apply.

1. A) Analyze the position description.
2. B) Review and become familiar with the policy and procedure manual.
3. C) Question the value of collaborating with other disciplines.
4. D) Ensure the nursing process steps are practiced.
5. E) Adhere to national standards of practice and care.

Answer:  A, B, D, E

Explanation:

1. A) The nurse’s specific job description will contribute to defining the standard of care. Employers can limit but not expand the scope of practice and the nurse will be held to functioning within the scope of employment. Agency policies and procedures serve in defining the standard of care. A primary source for defining the standard of care is the prevailing national nursing standards. Nurses who follow national standards of practice and standards of care will provide their clients with the best care possible and be far less likely to commit any unintentional act that may rise to the level of malpractice. A competent nurse will adhere to the steps of the nursing process. In addition to the steps of the nursing process, nurses are expected to demonstrate competence within multiple areas of their professional role, including collaboration with the entire care team.
2. B) The nurse’s specific job description will contribute to defining the standard of care. Employers can limit but not expand the scope of practice and the nurse will be held to functioning within the scope of employment. Agency policies and procedures serve in defining the standard of care. A primary source for defining the standard of care is the prevailing national nursing standards. Nurses who follow national standards of practice and standards of care will provide their clients with the best care possible and be far less likely to commit any unintentional act that may rise to the level of malpractice. A competent nurse will adhere to the steps of the nursing process. In addition to the steps of the nursing process, nurses are expected to demonstrate competence within multiple areas of their professional role, including collaboration with the entire care team.
3. C) The nurse’s specific job description will contribute to defining the standard of care. Employers can limit but not expand the scope of practice and the nurse will be held to functioning within the scope of employment. Agency policies and procedures serve in defining the standard of care. A primary source for defining the standard of care is the prevailing national nursing standards. Nurses who follow national standards of practice and standards of care will provide their clients with the best care possible and be far less likely to commit any unintentional act that may rise to the level of malpractice. A competent nurse will adhere to the steps of the nursing process. In addition to the steps of the nursing process, nurses are expected to demonstrate competence within multiple areas of their professional role, including collaboration with the entire care team.

 

1. D) The nurse’s specific job description will contribute to defining the standard of care. Employers can limit but not expand the scope of practice and the nurse will be held to functioning within the scope of employment. Agency policies and procedures serve in defining the standard of care. A primary source for defining the standard of care is the prevailing national nursing standards. Nurses who follow national standards of practice and standards of care will provide their clients with the best care possible and be far less likely to commit any unintentional act that may rise to the level of malpractice. A competent nurse will adhere to the steps of the nursing process. In addition to the steps of the nursing process, nurses are expected to demonstrate competence within multiple areas of their professional role, including collaboration with the entire care team.
2. E) The nurse’s specific job description will contribute to defining the standard of care. Employers can limit but not expand the scope of practice and the nurse will be held to functioning within the scope of employment. Agency policies and procedures serve in defining the standard of care. A primary source for defining the standard of care is the prevailing national nursing standards. Nurses who follow national standards of practice and standards of care will provide their clients with the best care possible and be far less likely to commit any unintentional act that may rise to the level of malpractice. A competent nurse will adhere to the steps of the nursing process. In addition to the steps of the nursing process, nurses are expected to demonstrate competence within multiple areas of their professional role, including collaboration with the entire care team.

Page Ref: 2658

Cognitive Level:  Evaluating

Client Need:  Safe and Effective Care Environment

Nursing Process:  Implementation

Learning Outcome:  3. Analyze the importance of providing nursing care according to established standards of care.

 

4) The nurse observes a healthcare provider discuss an operative procedure with a client and determines informed consent was achieved. The Nurse knows that the following information should have been reviewed by the health-care provider related to informed consent.

Select all that apply.

1. A) The provider’s disapproval if the surgery is not performed
2. B) The health problem that requires surgery
3. C) The purpose of the surgery
4. D) The expectations of the surgery
5. E) Outcome if surgery is not performed

Answer:  B, C, D, E

Explanation:

1. A) For informed consent to be achieved the client should receive the following information: the diagnosis or condition that requires treatment, purposes of the treatment, intended benefits of the treatment, what could occur if the surgery is not performed. To give informed consent voluntarily, the client must not be coerced in any manner. If the client provides consent due to fear of disapproval by a healthcare provider, such consent is not considered to be voluntary. Coercion of any kind invalidates the consent.
2. B) For informed consent to be achieved the client should receive the following information: the diagnosis or condition that requires treatment, purposes of the treatment, intended benefits of the treatment, what could occur if the surgery is not performed. To give informed consent voluntarily, the client must not be coerced in any manner. If the client provides consent due to fear of disapproval by a healthcare provider, such consent is not considered to be voluntary. Coercion of any kind invalidates the consent.
3. C) For informed consent to be achieved the client should receive the following information: the diagnosis or condition that requires treatment, purposes of the treatment, intended benefits of the treatment, what could occur if the surgery is not performed. To give informed consent voluntarily, the client must not be coerced in any manner. If the client provides consent due to fear of disapproval by a healthcare provider, such consent is not considered to be voluntary. Coercion of any kind invalidates the consent.
4. D) For informed consent to be achieved the client should receive the following information: the diagnosis or condition that requires treatment, purposes of the treatment, intended benefits of the treatment, what could occur if the surgery is not performed. To give informed consent voluntarily, the client must not be coerced in any manner. If the client provides consent due to fear of disapproval by a healthcare provider, such consent is not considered to be voluntary. Coercion of any kind invalidates the consent.
5. E) For informed consent to be achieved the client should receive the following information: the diagnosis or condition that requires treatment, purposes of the treatment, intended benefits of the treatment, what could occur if the surgery is not performed. To give informed consent voluntarily, the client must not be coerced in any manner. If the client provides consent due to fear of disapproval by a healthcare provider, such consent is not considered to be voluntary. Coercion of any kind invalidates the consent.

Page Ref: 2659

Cognitive Level:  Analyzing

Client Need:  Safe and Effective Care Environment

Nursing Process:  Evaluation

Learning Outcome:  4. Distinguish elements of informed consent.