Unit 1: Chapter 23, 24: Legal and Ethical Practice in Nursing Flashcards
(21 cards)
You are a registered nurse working on a medical-surgical unit. You are mentoring a new nurse and helping them understand the ethical and legal responsibilities of nursing practice.
.
Which law ensures patients have the right to make their own healthcare decisions, including refusing treatment?
A. HIPAA
B. EMTALA
C. Patient Self-Determination Act
D. HITECH Act
C
The Patient Self-Determination Act ensures patients are informed about their rights.
Match each source of law with its description:
Source of Law Description
Statutory Law ☐ Created by elected legislative bodies
Administrative Law ☐ Clarifies how civil/criminal laws are implemented
Common Law ☐ Based on prior court decisions
Constitutional Law ☐ Derived from federal and state constitutions
Statutory = created by legislatures, Administrative = implements law, Common = court precedent, Constitutional = citizen rights
The nurse’s role in informed consent is to [ Select ] the patient’s signature and verify voluntary understanding.
Options:
Obtain
Witness
Interpret
Clarify and approve
Witness
Nurses witness that informed consent was voluntarily given.
Which actions are considered intentional torts? (Select all that apply)
A. Administering medication without consent
B. Failure to document a patient’s change in condition
C. Physically restraining a patient without justification
D. Threatening to withhold treatment
E. Accidentally giving the wrong medication
A, C, D
These are deliberate acts violating patient rights (intentional torts).
Match each federal statute with its focus:
Statute Focus
HIPAA ☐ Protecting patient confidentiality
EMTALA ☐ Ensuring patient screening before transfer
HITECH Act ☐ Addressing electronic security breaches
ADA ☐ Protecting rights of individuals with disabilities
HIPAA = privacy, EMTALA = screening before transfer, HITECH = breach notification, ADA = disability protection
Place the following steps of the legal process for malpractice in order:
☐ Discovery phase
☐ Trial
☐ Complaint filing
☐ Answer period
☐ Settlement or appeals
Complaint → Answer → Discovery → Trial → Settlement/Appeal
The four elements of nursing malpractice are: duty, breach, causation, and __________.
Damages
The fourth element of malpractice is compensable harm.
Which action by a nurse could result in false imprisonment?
A. Using soft wrist restraints with a provider’s order
B. Holding a confused patient in bed without justification or order
C. Applying side rails on a patient at fall risk
D. Asking a family member to stay with the patient
B
Restraining a patient without legal justification = false imprisonment.
Match each type of tort with its example:
Tort Type Example
Negligence ☐ Failing to raise side rails for a fall-risk patient
Malpractice ☐ Not notifying provider of abnormal vital signs
Invasion of Privacy ☐ Posting a photo of a patient online
Defamation ☐ Telling coworkers a patient is faking illness
Negligence = inattention, Malpractice = professional breach, Privacy = releasing info, Defamation = harming reputation
Which are requirements for informed consent? (Select all that apply)
A. Description of procedure
B. List of insurance coverage
C. Name of person performing procedure
D. Explanation of risks and benefits
E. Documentation of refusal
A, C, D, E
Informed consent must include procedure, risks, providers, and refusal rights.
Under the Good Samaritan Law, nurses are protected when providing emergency care if the care is:
[ Select ]
Options:
Inappropriate and undocumented
Delayed until EMS arrives
Based on advanced practice training
Provided without gross negligence
Provided without gross negligence
Good Samaritan laws protect well-intentioned care.
Match the restraint requirement with the correct guideline:
Restraint Practice Guideline
Legal use ☐ Only after less restrictive measures fail
Documentation ☐ Must include assessments and justification
Order requirement ☐ Written order from healthcare provider
OBRA (1986) ☐ Focus on older adult rights and dignity
Legal = last resort, Documentation = thorough, Order = required, OBRA = older adult dignity
Which action violates the HIPAA Privacy Rule?
A. Discussing the care plan in a private room
B. Sharing test results with family per patient’s request
C. Writing patient diagnoses on a room message board
D. Allowing the student nurse to read assigned patient’s chart
C
Writing medical info on public boards violates privacy.
The standard of care is defined as what a reasonably prudent nurse would do in similar circumstances within a specific __________.
Geographic area
Standards vary regionally, based on prudent practice.
Which of the following are quasi-intentional torts? (Select all that apply)
A. Libel
B. Invasion of privacy
C. Battery
D. Defamation
E. Assault
A, B, D
Quasi-intentional torts include unintentional harm to reputation/privacy.
Match each nursing responsibility to legal risk reduction:
Responsibility Legal Risk Reduction Strategy
Documentation ☐ Timely, accurate charting of care
Communication ☐ Reporting changes to provider immediately
Clinical judgment ☐ Using nursing process to identify needs
Continuing education ☐ Staying updated on standards of care
Documentation = accurate, Communication = prompt, Judgment = nursing process, Education = stay updated
Which law requires hospitals to inform patients about their right to accept or refuse treatment?
A. Americans with Disabilities Act
B. Uniform Anatomical Gift Act
C. Patient Self-Determination Act
D. HIPAA
C
PSDA ensures advance directives and right to refuse.
Which nurse actions may lead to a disciplinary hearing by the State Board of Nursing? (Select all that apply)
A. Working outside scope of practice
B. Refusing to float to another unit
C. Falsifying documentation
D. Repeated tardiness
E. Diverting narcotics
A, C, E
Violations like working outside scope or diversion require board review.
According to the Nurse Licensure Compact, a nurse holding a multistate license can practice in:
[ Select ]
Options:
All 50 states
Any compact state
The state where they graduated
Any federal facility
Any compact state
Compact licenses allow practice across participating states.
A patient with end-stage cancer refuses further nutrition and hydration. What legal precedent supports this decision?
A. Nurse Practice Act
B. Florence Nightingale Act
C. Cruzan v. Director, Missouri Department of Health
D. Roe v. Wade
C
The Cruzan case supports the constitutional right to refuse life-sustaining treatment.
