Legs 2 – Flashcard

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question
in given situations, the nature and degree of reasonable care expected of people providing care may differ depending upon which factor?
answer
the individual's status as a professional
question
Standards of care exist for a number of reasons. what is their most basic purpose?
answer
to protect & safeguard the public as a whole
question
The hospital nursing group establishing standards of care for a newly organized patient care unit is looking for external sources for these standards. Where should these nurses look?
answer
Professional journals and nursing textbooks
question
The hospital nursing group establishing standards of care for a newly organized patient care unit is looking for internal sources for these standards. Where should these nurses look?
answer
Hospital policy and procedures manuals
question
The hospital nursing group has reviewed external standards of care to establish standards of care for a newly organized patient care unit. These external sources serve to set which level of standard of care?
answer
National
question
Which situation supports the charge of malpractice against a professional nurse?
answer
A failure on the part of the nurse to exercise reasonable and prudent care in treating a patient
question
What does the court consider in determining the nurse's legal liability for standards of care?
answer
Professional education, experience, and specific conduct
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What is the single most critical factor in determining whether a particular nurse acted with reasonable care in a given situation?
answer
How the nurse's conduct compares to that of nurses with similar background and experience
question
The state board of nursing has brought action against a nurse's license based upon violation of a regulation. What is true about this scenario?
answer
These rules and regulations have the force of law.
question
A lawsuit is brought against a nurse in a rural hospital. The nurse replies that the standard of care for rural nurses is different from that for nurses working in large urban facilities. Is this a defensible position?
answer
No, nurses in rural settings must meet the same standards as those practicing in large urban areas.
question
The nurse holds national certification as a wound care specialist and works in a small, rural hospital. What standard of skill and care applies to this nurse's practice?
answer
It should be the same as that of an average nurse who also holds national wound care certification.
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Which scenario reflects the "two schools of thought" doctrine?
answer
Nurses on one unit vary in their choice of ways to deliver quality care.
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The hospital policy and procedure manual states that medications should be charted immediately after administration. The nurse routinely charts the medications as they are being prepared for administration. What does this practice reflect?
answer
A violation of hospital policy and procedure
question
The survivors of a patient who unexpectedly died in a hospital brought suit for wrongful death against the hospital and two nurses. Review of the hospital's pertinent policy and procedures found them to be current. Review of the medical record revealed that policy and procedures were followed by the nurses. What is the likely outcome of this suit?
answer
Find for the nurses, since they followed hospital policy and procedures.
question
How can health care best ensure that all of its practitioners meet current standards of care?
answer
Create clearly written, easily updated policy and procedure manuals.
question
A nurse is leaving the parking lot at the hospital and carelessly runs over a patient who was just discharged. Ironically, the nurse had been assigned to care for that patient that day. If the patient sues this nurse, which statement is true?
answer
The nurse can be held liable for negligence but not malpractice.
question
Punitive damages of one million dollars were awarded to the family of a patient who died following a nursing medication error. What is true of these punitive damages?
answer
These damages are awarded to set an example to other nurses.
question
Why is proving proximate harm cause important in the outcome of a professional negligence suit?
answer
It determines how far the liability extends for consequences following negligent actions.
question
The registered nurse who works in the obstetrics department is walking by the emergency department waiting room when a person cries out, "Help me, my mother is not breathing." Does this nurse have a duty to assist?
answer
Yes, the general duty of care exists to help in times of crisis or imminent harm.
question
The court is establishing liability in a case in which several actions caused the plaintiff's injury. Which test of causation would be most useful in this case?
answer
Substantial factor test
question
A plaintiff's attorney decides to use the doctrine of res ipsa loquitor in a case against the urologist who perforated a patient's urethra during a cystoscopy. What must the plaintiff prove? Select all possible correct answers.
answer
-This complication does not generally occur unless someone provided negligent care -The plaintiff had no control over the development of the perforation.
question
A defendant invokes the locality rule as justification for a lower standard of patient care. How does the locality rule support this claim?
answer
The locality rule holds the professional to a standard of care in a given geographic area, rather than the national standard of care.
question
How should the nurse proceed when caring for a suit-prone patient?
answer
Give the same compassionate, competent care that all patients receive
question
Which scenario is a quasi-intentional tort rather than an intentional tort?
answer
The physician accuses the nurse of incompetence in front of the patient's family.
question
Upon entering a patient's room to complete discharge instructions the nurse discovers the patient in tears. The business office has stated that the patient cannot leave until someone pays a portion of the hospital bill. What should the nurse do?
answer
Continue preparations for discharge, comforting the patient as much as possible.
question
Which action could result in the nurse being charged with conversion of property?
answer
Removing the patient's car keys against his or her will
question
An out-of-state caller becomes irate when the nurse cannot provide information over the telephone about a hospitalized friend. The caller says, "If you know what is good for you, you had better tell me." Has a civil assault occurred?
answer
No, the caller is out of state and cannot reach the nurse.
question
Which common practice puts the nurse at liability for invasion of patient privacy?
answer
The nurse gives information about the patient to telephone callers who inquire about the patient.
question
The health care facility has sponsored a continuing education offering on emergency management of pandemic influenza. At lunch, a nurse is overheard saying, "I'm not going to take care of anyone that might have that flu." What is true of this statement?
answer
This statement is a breach of the Code of Ethics for Nurses
question
After 3 years of uneventful employment, the nurse made a medication error that resulted in patient injury. What hospital response to this event is ethical?
answer
The hospital was supportive and assistive as the nurse coped with this event.
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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?
answer
Prove that the statement is true.
question
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?
answer
The patient's conduct contributed to his complications.
question
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?
answer
The nurse is not liable for damages, because the nurse has a right to expect that instructions will be followed.
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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?
answer
Self-defense
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A patient became confused and used a pocket knife to threaten others. The nurse confiscated the knife. What is the nurse's best defense for this action?
answer
Necessity
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In caring for a 6-year-old who entered the emergency center for treatment of a broken arm, the nurse noted that the child had multiple bruises on his trunk and legs. When questioned, the child said his father hit him and broke his arm so that the child would remember to be good. What should the nurse do?
answer
Report the incident immediately to the nursing supervisor or physician so that the incident will be reported to the proper authorities.
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Which scenario demonstrates apparent consent?
answer
Showing by his or her conduct that he or she agrees to the treatment
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A lawsuit is being tried in a state that recognizes pure comparative negligence. If the plaintiff is found to have partial fault in the occurrence, can damages be recovered?
answer
Yes, even if the plaintiff is 99% at fault
question
The cardiac telemetry unit nurses repeatedly cautioned a patient not to leave the floor because input from telemetry monitors is limited to that area. The patient went to the cafeteria and suffered a fatal dysrhythmia. What is the nurses' best defense in the negligence lawsuit brought for the patient's survivors?
answer
Assumption of risk
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The 8-year-old child developed a seizure disorder that may be related to a medication error that occurred 3 years ago. What is true of the statue of limitations in this case?
answer
Depending upon the state, the statute of limitations might not begin to be calculated until the child reaches the age of majority.
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The nurse comes upon a motor vehicle accident with injury and stops to help. What should be the nurse's first action?
answer
Ask for permission to help.
question
A week after stopping to assist at an injury accident, the nurse receives a check for $100 from the patient's family as a thank-you for the care provided. What is the best description of the effect this gift has on the nurse's protection under the Good Samaritan law?
answer
This gift may change the nurse's care to fee-for-service, changing Good Samaritan protection.
question
The plaintiff was injured by a defective intravenous catheter. In order to win a product liability case, what must the plaintiff prove first?
answer
The intravenous catheter was sold to him.
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In which case would the manufacturer of a drug designated as unavoidably unsafe be held liable for injuries to a patient receiving the drug?
answer
If the physician was not warned of risks by the manufacturer
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The defendant has successfully defended against a product liability cause of action. Can the plaintiff still prove the defendant was negligent?
answer
Yes, the defendant could have used the product in a negligent manner.
question
What is the main purpose of documentation in the medical record?
answer
It is used to communicate patient condition to the health care team.
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The patient has just been admitted to the intensive cardiac care unit. Who should assess and document the patient's nursing needs?
answer
A registered nurse
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Hospital policy states that a registered nurse must cosign all charts that licensed practical nurses complete. What is the effect of this policy on the registered nurse?
answer
It places the RN in the position of endorsing and authenticating the entries made in the charts cosigned
question
A patient requests that records of her hospitalization for treatment of an infection following an abortion be destroyed. What is the likely outcome of this request?
answer
The record will be sealed.
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The patient demands to see the actual medical record of a hospitalization that occurred one year ago. How should the hospital handle this request?
answer
Have the patient come to the hospital to review the original record.
question
Which statement best explains the importance of electronic medical record use?
answer
Patient care is improved.
question
The laboratory notifies the nursing unit that a substantial amount of test data was mistakenly recorded on the wrong patient's medical record two days ago. Who has the authority to alter the patient's record?
answer
Only administrative staff or the patient's primary physician
question
A patient incident occurred on the nursing unit. What should the nurse caring for the patient do in regard to the incident report?
answer
Include only the facts and the nurse's observations in the incident report.
question
What is the major problem associated with charting by exception?
answer
It may not provide enough information to support trending of the patient's condition.
question
The parents of a 17-year-old who is receiving substance abuse treatment have asked the provider for information about their child. What is the correct action by the health care provider?
answer
Only release information if the patient has signed consent to do so.
question
The nursing student began a case study paper by writing, " J.P., a 65-year-old Asian male, was admitted to the intensive care unit at Southwest Hospital." What is the significance of this statement?
answer
It violates Health Insurance Portability and Accountability Act regulations.
question
When President Clinton signed the Health Insurance Portability and Accountability Act in 1996, many provisions concerning confidentiality of medical records became law. What were other provisions of this act? Choose all that apply.
answer
-An antifraud and abuse program -Streamlining of transfer of patient information between insurers and providers
question
The patient brings suit against a health care provider. How does this action affect the confidentiality of the patient's medical record?
answer
The record becomes discoverable by all parties to the suit.
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A nurse is preparing information to be distributed at a national conference on AIDS. What should be included regarding mandatory disclosure of AIDS status?
answer
All AIDS cases must be reported to the Centers for Disease Control and Prevention or to the state health department.
question
Which ethical principle supports the argument that all newborns should be screened for HIV?
answer
Beneficence
question
In a professional liability insurance policy which person or group is considered the policyholder?
answer
The nurse who purchases the policy
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What elements does the insurance company that offers professional liability insurance verify under the exclusion portion of the policy? Choose all correct answers
answer
-Nature of the insured's work -Licensure of the insured
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The nurse is reviewing a professional liability policy for the time period the policy is in effect. Under which section of the policy should this nurse look?
answer
Declarations
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Under a claims-made insurance policy, for which claim is the nurse protected?
answer
Claims that are filed for incidents during the active period of the policy
question
In which situation is an occurrence-based policy most beneficial to the nurse?
answer
A nurse who had insurance coverage during 20 years of practice, but is now retired and no longer has an active policy
question
Which type of insurance is generally the most preferable for the most nurses?
answer
Occurrence-based
question
The limits of liability on an insurance policy are $1,000,000 for each claim, $4,000,000 aggregate. A nurse is charged in a serious situation in which five separate lawsuits have been filed. What is the most the insurance company will likely pay in this situation?
answer
$1,000,000
question
The nurse believes that her need for individual malpractice insurance is decreased because she practices in a small-town home health agency. What is true about this situation?
answer
Home health care is an area in which the risk of lawsuit is higher than in many other practice areas.
question
A nurse has missed 10 days of work while involved as a defendant in a malpractice lawsuit. Must the hospital where this nurse is employed and that was also named in the suit pay the nurse for those days?
answer
Not necessarily, it depends upon the hospital's insurance policy and what it covers.
question
The hospital-employed nurse volunteered to assist with physical examinations for athletes at the local high school. How does this situation affect the nurse's malpractice insurance?
answer
The nurse is very likely not covered by any malpractice insurance.
question
As a part of a malpractice case, the hospital has decided to bring an indemnity claim against a nurse. What is the implication to the nurse?
answer
The nurse will have to pay monetary damages to the hospital if the hospital wins the claim.
question
A nurse is named in a lawsuit and has no professional malpractice insurance coverage. What is true of this situation?
answer
The nurse can be held personally responsible for all damages assessed.
question
How has the present legal environment affected the frequency with which nurses are named in suits for malpractice?
answer
Frequency is greater than 15 years ago.
question
Which option reflects one of the more convincing arguments for the nurse having individual malpractice insurance?
answer
Defending against a lawsuit is costly in today's society.
question
Nurses who work on a medical unit do not have personal professional liability coverage. In the event of a lawsuit, which options are true? Choose all that are correct.
answer
-They can be covered under the employer's insurance policy. -They need to contact their own attorneys. -They may be refused coverage under the employer's insurance policy.
question
From where does the state's power to license nurses derive?
answer
Police power within the state
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Which type of licensure protects the title "nurse" as well as professional actions associated with nursing?
answer
Mandatory
question
What is the basic purpose of the state board of nursing?
answer
To establish a means of protecting the public at large
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A physician reported a case of possible nursing negligence to the state board of nursing. What action will be taken by the board?
answer
The complaint will be screened and an investigation initiated if appropriate.
question
The hospital nurse supervisor has concerns that a staff nurse is no longer capable of competent patient care because of alcohol use. Repeated counseling sessions with the nurse have not changed the behaviors that are of concern. What action should be taken by the supervisor?
answer
Report the concerns to the state board of nursing.
question
The nurse is searching for the legal guide to the practice of registered nurse. Which document should the nurse review?
answer
State Nurse Practice Act
question
A nursing student reports that her grandmother served as a nurse in World War II. At the end of the war, her grandmother was licensed as a nurse, even though she never graduated from nursing school. Which type of exemption from licensure does this reflect?
answer
Grandfather clause
question
Which situation is probable grounds for disciplinary action against a nurse's license?
answer
The nurse made a false statement on the licensure application.
question
A growing body of research supports linkages between the educational status of nurses and which outcomes? Select all that are discussed in the textbook.
answer
-Lower patient mortality rates -Fewer adverse outcomes
question
The patient tells the nurse that the physician mentioned deep tissue massage as treatment for rheumatoid arthritis. As a part of the subsequent conversation, the nurse demonstrates techniques and encourages the patient to begin a regimen immediately. What is true regarding this situation?
answer
This nurse may be guilty of practicing massage without a license.
question
The home health nurse discovers that a homebound cancer patient is using marijuana to control nausea from chemotherapy. What advice should the nurse give this patient?
answer
Under certain circumstances, patients can claim exemption from the law against possession of marijuana.
question
What is the most important driving force behind the movement for multistate licensure?
answer
Advancing technologies, especially telehealth and telephone triage
question
The nurse holds original licensure in a compact state and has practice privileges in two remote states. Should practice concerns arise with this nurse, what is the status of the nurse's license?
answer
Only the state in which the nurse holds licensure can act to suspend or revoke that license.
question
The patient decides to discontinue standard medical treatment for diabetes mellitus and to rely on diet and herbal medications for blood sugar control. Which statement, made by the nurse, is most appropriate?
answer
Why did you decide to make this change?
question
The nurse has a strong religious conviction against elective sterilization procedures. When seeking employment, how should the nurse handle this belief?
answer
Be up front and discuss the issue during the employment interview.
question
Which factor was primary in driving the establishment of the advanced nurse practitioner role?
answer
The physician shortage of the late 1960s
question
Which advanced nurse practitioner role is authorized by nurse practice acts, medical practice acts, and allied health laws?
answer
Nurse midwife
question
What are care components common in the independent practice of a certified nurse midwife? Choose all that apply.
answer
-Normal newborns -PAP smears -Physical examinations -Family planning counseling
question
Hospital management has identified quality of care issues that center around coordination of multidisciplinary services. Which classification of advanced practice nurse would be the best choice to help address these issues?
answer
Clinical nurse leader
question
Clinical nurse specialists in hospital settings are more likely to be sued for malpractice than staff nurses for which reason?
answer
They assume greater legal liability by virtue of their specialty credentials.
question
The advanced nurse practitioner wishes to obtain admitting privileges at an area hospital. To whom should this nurse apply for these privileges?
answer
The individual hospital
question
A nursing student's grandmother relates a time in the 1920s when medications were selected based upon the recommendation of a nurse who lived in the neighborhood. How is this possible?
answer
Prior to 1938, most medications were over-the-counter and nurses were instrumental in their choice.
question
The patient requires a controlled substance for the treatment of pain. What is true of the advanced nurse practitioner's role in independently prescribing this medication?
answer
Some states allow advanced nurse practitioners to prescribe controlled substances.
question
The advanced practice nurse would like to move to a large metropolitan area. How will this move impact the advanced practice nurse's practice?
answer
The expanding role of the advanced nurse practitioner has increased the number of lawsuits filed.
question
The advanced nurse practitioner is routinely addressed as "doctor" by clinic patients. What is the best way for the nurse to handle this mistake?
answer
Be certain patients are aware that the nurse is not a physician.
question
Fein v. Permanente Medical Group is important as the case defined the standard of care for the advanced practice nurse. How was that standard of care defined?
answer
The advanced nurse practitioner standard of care
question
The medical staff of a hospital express concern that advanced nurse practitioners are in direct competition with them for patients. The physicians advise hospital management that they will stop admitting patients if admitting privileges are granted to the ANPs. Which type of laws might be useful to help the ANPs obtain hospital admittance privileges?
answer
Antitrust laws
question
Which option reflects a change that may occur in the roles of advanced practice nurses?
answer
Development of a new category to include clinical nurse specialists and advanced nurse practitioners
question
The advanced nurse practitioner believes that he should spend as much time with each patient as the patient desires. Does this practice raise ethical challenges?
answer
Yes, if this practice makes other patients wait past their own appointment times.
question
How does the doctrine of respondeat superior alter the liability of the nurse for negligent conduct?
answer
It makes the nurse liable to the employer.
question
In an effort to attract clinic physicians, the hospital has agreed to provide a nurse to work in the physician's office. The nurse will work under the direction and supervision of the physician whose clinic is housed with the hospital building. Which doctrine most closely describes the conditions in which this nurse is working?
answer
Borrowed servant
question
The hospital has outsourced housekeeping services to an independent contractor. A patient, who was injured in a fall on wet flooring, brings suit against the company. Does the hospital also hold liability?
answer
Perhaps, secondary to the doctrine of ostensible authority.
question
The hospital acts to revoke the clinical privileges of a physician who has repeatedly refused to respond to emergency calls from nursing staff. Under which doctrine is this action advisable?
answer
Corporate liability
question
The hospital has been sued for the actions of a nurse employee. The hospital proves that the nurse was not providing care within the scope of employment as a nurse. Can the hospital still hold liability in this case?
answer
Yes, if the plaintiff can prove the nurse was incompetent and that the hospital was aware of the incompetence.
question
Which legal doctrine cannot apply to a nurse's practice as a private duty nurse?
answer
Respondeat superior
question
Which nurse would be most likely to be protected under the Age Discrimination Employment Act of 1967?
answer
A 45-year-old nurse who was fired after complaining about a new policy
question
The plaintiff was awarded monetary damages from the hospital in a suit resulting from a nurse's negligence. Under which principle is it possible for the hospital to sue the nurse to recover the amount of the damages?
answer
Indemnification
question
The female nurse works in a nursing home where many of the patients are military service veterans. She discovers that a male nurse with whom she works makes $2.80 per hour more than she makes. In which situation could this be legal under affirmative action?
answer
The male nurse's yearly evaluations are better than the female nurse's.
question
A nurse was granted twelve weeks' leave under the Family and Medical Leave Act for care of an adult son. At the conclusion of the twelve weeks the nurse does not want to return to work. Under which situation might the leave be extended?
answer
If the son is a member of the National Guard
question
The nurse cited "intolerable working conditions" as the reason for resignation. In order to claim constructive discharge, what must the nurse prove?
answer
The employer deliberately created the work condition to force the nurse to resign.
question
A patient who is well known to be violent arrives by ambulance at the Emergency Department for care of a laceration. What action should be taken?
answer
Use a buddy system when providing care.
question
A nurse calls the newspaper and reports that circumstances surrounding several deaths in the local hospital are suspicious and that a cover-up is in action. The subsequent article identifies the nurse by name and the nurse is fired. Is the nurse protected under the whistleblower law?
answer
No, the allegations should have been made to the appropriate authorities.
question
The nurse says, "I'm not spending my money and my time off to go to continuing education." How should this statement be interpreted in relation to the duty owed the employer?
answer
As unreasonable. Staying current is a duty the nurse owes to the employer.
question
The nurse and immediate supervisor have a personal conflict. The supervisor warns the nurse that the hospital is an employment-at-will institution. What does that indicate?
answer
The nurse can be dismissed at any time, without cause.
question
What was the major impetus for more stringent delegation and supervision rules and regulations as they are applied today?
answer
A major nursing shortage
question
The charge nurse has delegated a task to another staff member. Who assumes accountability for the task?
answer
The charge nurse
question
Which option reflects assignment in nursing?
answer
The charge nurse divides the patient load into one team for each staff nurse who works the shift.
question
The nurse is searching for information about nurses' responsibility and accountability for appropriate delegation of tasks. Where should this nurse look for this information? Choose all that apply.
answer
-ANA Code for Nurses -ANA Nursing Scope and Standards of Practice -State nurse practice acts -Nursing rules and regulations as promulgated by the state
question
The registered nurse has delegated the task of ambulating a patient who has a history of unexpected falls to two nursing assistants. The patient appears to ambulate without assistance, but must be ambulated with two assistants in case of another unexpected fall. What is the most important aspect of delegating this task?
answer
The aides understand the importance of walking with the patient.
question
Which scenario best reflects direct supervision of a nursing assistant?
answer
The nurse and the nursing assistant work together to provide care to a team of six patients.
question
Which scenario best reflects indirect supervision of a nursing assistant?
answer
The nurse is easily contactable by pager but is not present in the care environment.
question
The preceptor nurse delegates a complex nursing procedure to a newly licensed nurse. The new nurse makes an error, which results in the patient's death. Does the preceptor hold any liability in this case?
answer
No, since the new nurse has a license, all liability is retained by the new nurse.
question
The charge nurse is aware that some staff nurses routinely "short-cut" assessment activities for long-term patients. In case of a negative patient outcome related to this practice, does the charge nurse hold any liability?
answer
Yes, the charge nurse has a duty to ensure staff competency.
question
A patient who requires vasoactive intravenous medications was just admitted. Which person should the charge nurse ask to measure this patient's vital signs?
answer
The registered nurse who has worked on this unit for 8 months
question
The unit is extremely busy when the physician orders that a urinary catheter be inserted in a patient. The patient's assigned nurse is new, has seen the procedure done, but has never done it independently. How should the charge nurse handle this situation?
answer
The charge nurse should assist the new nurse with the procedure.
question
A nurse has delegated the task of ambulating a patient to two nursing assistants. Despite the patient's appearance, assistance of two people is needed for safe ambulation. The nurse discovers the patient being ambulated by only one aide. What should be the nurse's first action?
answer
Assist the aide in completion of the ambulation.
question
The nurse has recently assumed the position of chief nurse in a long-term care facility with a record of poor patient care. How should this nurse approach the issue of effective discipline regarding patient care activities?
answer
Establish a formal discipline plan to be used when standards of care are not followed.
question
Unlicensed personnel are not licensed by the state in their own right. Why is it that these persons can perform delegated tasks?
answer
They work under the auspices and licensure of the institution, not the professional nurse.
question
The hospital has recently eliminated all nursing assistant positions and has replaced them with unlicensed assistive personnel (UAP) to provide patient care. How should the professional nursing staff work with these new employees?
answer
Continue to delegate and supervise them as they did with the nursing assistants.
question
Discrimination against which group of persons necessitated the Americans with Disabilities Act?
answer
Those living with HIV/AIDS
question
In passing the Americans with Disabilities Act of 1990, Congress attempted to combine disability with which other legal concept?
answer
Equality
question
Which impairments are covered by the Americans with Disabilities Act?
answer
Either physical or mental impairments
question
The employee has requested the employer provide a reasonable accommodation. What does this request entail?
answer
Needed and realistic modifications in the workplace
question
Which scenario meets the Civil Rights Act of 1991 definition of quid pro quo sexual harassment?
answer
Submission to, or rejection of, sexual conduct as a basis for employment decisions
question
Which person qualifies under the Americans with Disabilities Act?
answer
A person who is a recovering alcoholic
question
Which scenario meets the Civil Rights Act of 1991 definition of hostile environment sexual harassment?
answer
Submission to sexual innuendos, remarks, and physical acts that alter the conditions of the employee's employment, creating an abusive workplace
question
The nurse is concerned about the potential of sexual harassment in her workplace. Which standard should this nurse investigate before making a decision about whether an activity is sexual harassment or not?
answer
Reasonable woman standard for hostile work environment sexual harassment
question
Which situation meets the criteria of sexual favoritism or preferential treatment?
answer
A nurse is awarded a position after having an affair with a supervisor.
question
A nurse who has an obvious physical disability applies for a staff nurse position. Which question, asked by the nurse recruiter, is legal?
answer
"Are you able to fulfill the requirements of this job?"
question
The nurse manager requests that a job applicant who has a physical disability receive a medical examination prior to assignment to a work station. Is this examination legal?
answer
Only if all other applicants for similar positions are subjected to the same examination
question
The nurse applies to a faith-based hospital. Another applicant who is of the same faith supported by the hospital is hired instead. Is this seen as discrimination under ADA?
answer
No, employers may offer preference to individuals of the same religion
question
Which person best meets the criteria as a "member of a protected class" in a quid pro quo sexual harassment lawsuit?
answer
A staff nurse as compared to his or her supervisor
question
An employee has requested special accommodations secondary to a disability. The hospital refuses, citing undue hardship. What must be present for that refusal to be upheld?
answer
The accommodation would be very difficult to implement
question
The nurse who has worked at a hospital for five years suffers a disability secondary to a work-related accident and requests accommodation. Does the nurse's new position have to provide the same salary as the old position?
answer
No, but the nurse's seniority should be considered in salary negotiations.
question
What is the nurse's legal duty with regard to implementing a physician's order?
answer
The nurse should follow the order unless the nurse has reason to believe that the patient could come to harm if the order is followed.
question
The differences between medicine and nursing are becoming increasingly difficult to identify. Which options are reasons for the movement of these two professions toward each other? Choose all that are correct.
answer
-Advent of specialty care units -Advancement of nursing skills -Changes in cultural climate -Increased focus on psychosocial components of care
question
What is the principal reason that a higher standard of care may be required for safeguarding mentally ill persons?
answer
Mentally ill persons cannot fully appreciate their exposure to potential harm.
question
Hostile or angry patients present unique nursing challenges from a legal perspective. Which option reflects a basic intervention that a nurse can take with a hostile or angry patient?
answer
Spend additional time with the patient, showing that he or she is important.
question
Which option reflects a general criterion for restraining a patient?
answer
The patient's immediate ability to harm self or others
question
A confused patient frequently calls out for "help" throughout the shift. When nursing staff respond to the call, the patient is unable to explain what is needed. What action should be taken by the nurse?
answer
Continue to respond and attempt to reorient the patient.
question
The patient requests that one bed siderail be fully up for use in assisting with turning. Is this considered a restraint?
answer
No, the bedrail in this case is being used as an assistive device, not a restraint.
question
The physician makes a calculation error that leads to the patient receiving a serious medication error. This error was overlooked by the pharmacist and the nurse who administered the dose as ordered. What is true of the liability in this case?
answer
It is shared by all three of these professionals.
question
Which options reflect what the nurse should consider prior to administering medication? Choose all that are correct.
answer
-Correct, common dosage for this patient -Action of the medication -Signs of untoward reaction to the medication
question
Which option reflects the nurse's duty regarding use of equipment?
answer
The nurse is required to select the proper equipment and to use it correctly.
question
The nurse suspects that a patient's death was related to faulty monitoring equipment. What is the nurse's duty to report?
answer
The nurse must notify hospital risk management.
question
Which option reflects the nurse's duty to prevent patient falls?
answer
The nurse has a duty to assess the patient for risk for falls.
question
Which option reflects the nurse's primary obligation to the patient?
answer
To exercise nursing judgment and intervene on behalf of the patient
question
Which person would be the best choice as an interpreter for a non-English-speaking patient?
answer
A hospital-provided interpreter
question
The physician, in telling the nurse to follow an order, states, "If anything happens, I'll take full responsibility." What effect would the physician's statement have in a subsequent lawsuit for malpractice?
answer
It does not alter the nurse's personal accountability at all.
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