Chapter 4 Legal Responsibilities

Question 0

What are the two unintentional torts?

Answer 0

Negligence and Malpractice

Question 1

Federal Regulations. Federal laws affecting nursing practice are:

Answer 1

Health insurance portability and accountability act (HIPAA)
Americans with disabilities act (ADA)
Mental health primary act (MHPA)
Patient self-determination act (PSDA)

Question 3

Give an example of negligence of a nurse.

Answer 3

A nurse fails to implement safety measures for a client at risk for falls.

Question 4

What are two quasi-intentional torts?

Answer 4

Breach of confidentiality

Defamation of character

Question 5

What is an example of breach of confidentiality?

Answer 5

Nurse releasing a clients medical diagnosis to the press

Question 6

What is an example of defamation of character?

Answer 6

Nurse telling a co worker she believes a client has been unfaithful to their spouse.

Question 7

What are 3 intentional torts?

Answer 7

Assault
Battery
False imprisonment

Question 8

Example of assault from a nurse is:

Answer 8

Nurse threatens to place NG tube in client refusing to eat.

Question 9

Example of battery from a nurse:

Answer 9

Nurse restrains client and administers injection against clients wishes

Question 10

Example of false imprisonment for a nurse:

Answer 10

Nurse uses restraints on a competent client to prevent his leaving.

Question 11

How can nurses avoid liability for negligence?

Answer 11

Following standards of care
Giving competent care
Communicating with other health team members
Developing a caring rapport with clients
Fully documenting assessments, interventions, evaluations.

Question 12

Nursing role in clients rights. The client has the right to:

Answer 12

Understand the aspects of care, to be active in decision making process.
Accept, refuse, or request modification of care plan.
Receive care from competent individuals who treat with respect.

Question 13

What is an informed consent?

Answer 13

It is legal document where a client has given written permission for a produce or treatment.

Question 14

What is the nurses role in the informed consent process?

Answer 14

To witness signature and to ensure that provider obtained the consent appropriately.

Question 15

What individuals can grant consent for another person?

Answer 15

Parent of a minor 
Legal guardian
Court-specified representative 
Individual with power is atty
Emancipated minors

Question 16

What is the purpose of advance directives?

Answer 16

To communicate a clients wishes regarding end-of-life care

Question 17

List three types of advance directives:

Answer 17

Living Will
Durable power of attorney
Providers orders (DNR, AND)

Question 18

What are the nurses role in advance directives?

Answer 18

Provide written info about a AD
Document clients AD status
Ensure the AD is current with clients feelings
Inform all members of team of AD

Question 19

Which two situations does a nurse have a legal obligation to report?

Answer 19

Abuse (child, elder abuse, domestic)

Communicable disease (TB)

Question 20

Five elements necessary to prove negligence are:

Answer 20

1. Duty to provide care as defined by a standard
2. Breach of duty by failure to meet standard
3. Foreseeability of harm
4. Breach of duty has potential to cause harm
5. Harm occurs

Question 21

Give an example if malpractice (professional negligence).

Answer 21

Nurse administering large dose of meds due to a calculation error. Client dies.