Module 3A Quiz – Flashcards
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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?
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Yes, the general duty of care exists to help in times of crisis or imminent harm.
(Even if the nurse is not assigned to a particular patient, a general duty of care arises if the patient presents with an emergency or is in need of instant help. Therefore, this nurse has a duty to assist in this situation.)
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Hospital administration requires that the committee seeking to change nursing policy and procedures review external sources for these standards. Where should the committee look for these standards? Select all that apply.
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a) Current nursing literature
b) State boards of nursing
c) Federal organizations
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Which scenarios reflect the "two schools of thought" doctrine? Select all that apply.
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b) Nurses on one unit vary in their choice of ways to deliver quality care.
(Two schools of thought is a doctrine that allows the consideration that an individual can use different approaches when rendering care as long as the standards of care are met.)
c) The nurse expert witness in a case describes two methods of providing the intervention in question.
(There may well be more than one way to provide an intervention and still meet the standard of care. This is the basis of the two schools of thought doctrine.)
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Which situation supports the charge of malpractice against a professional nurse?
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A failure on the part of the nurse to exercise reasonable and prudent care in treating a patient
(Malpractice is based on the nurse breaching the standard to provide reasonable and prudent care or duty owed to the patient.)
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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?
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No; nurses in rural settings must meet the same standards as those practicing in large urban areas.
(Nurses are accountable for all standards of care as they pertain to their profession, no matter their practice setting.)
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What would the nurse identify as the most basic purpose of standards of care?
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To protect and safeguard the public as a whole
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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?
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The nurse can be held liable for negligence but not malpractice.
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The hospital nursing group has reviewed current nursing and federal literature to establish standards of care for a newly organized patient care unit. The final report generated by this group should assure hospital administration that the standards meet which level of care?
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National
(External standards transcend individual practitioners and single institutions. Since they are set by state and federal organizations, they are relevant to a specific society or country and are considered national standards.)
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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?
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How the nurse's conduct compares to that of nurses with similar background and experience.
(While the characteristics of the individual nurse are relevant factors, the nurse's practice will be compared to internal and external standards of care that are practiced by other nurses possessing similar background and experience.)
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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?
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These damages are awarded to set an example to other nurses.
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In given situations, the nature and degree of reasonable care expected of people providing care may differ depending upon which factor?
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The individual's status as a professional
(Individuals of a specific profession have their own unique care standards. These define the minimal requirements of an acceptable level of care that can be expected of a given profession. They are developed to see that no unnecessary harm comes to the patient and to protect and safeguard the public as a whole.)
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What does the court consider in determining the nurse's legal liability for standards of care?
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Professional education, experience, and specific conduct
(Professional education, experience, and specific conduct all could be considered internal standards. These would be used in determining liability.)
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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?
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No, the caller is out of state and cannot reach the nurse.
(Assault is defined as the action or motion that creates a "reasonable apprehension in the other person of immediate harmful or offensive contact to the plaintiff-person." While this caller may possess the physical strength to do harm, the caller is too far away to act on the threat immediately.)
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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?
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It should be the same as that of an average nurse who also holds national wound certification.
(A person holding himself or herself out as a specialist should be held to the same standard of skill and care as an average member of that specialty.)
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The survivors of a patient who unexpectedly died in a hospital contact an attorney regarding a 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. Based on this information, what is the likely strength of this case? Select all that apply.
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The case against the nurses is weak since they followed hospital policy and procedures.
(Since the nurses did follow the hospital policies and procedures some other violation would have to be found.)
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A plaintiff's attorney decides to use the doctrine of res ipsa loquitur in a case against the urologist who perforated a patient's urethra during a cystoscopy. What must the plaintiff prove? Select all that apply.
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b) This complication does not generally occur unless someone provided negligent care.
(In order to prove the doctrine of res ipsa loquitur, the plaintiff must prove that perforation of the urethra does not occur unless someone was providing negligent care.)
d) The plaintiff had no control over the development of the perforation.
(The instrument that caused the injury must be shown to have been under the management and control of the alleged wrongdoer, not the injured party.)
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A lawsuit has been filed claiming that a nurse's actions caused the death of a neonate. Why does the attorney for the plaintiff want to prove proximate cause?
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Proximate cause determines how far the nurse's liability extends for consequences of the alleged negligent actions.
(Proximate cause attempts to determine if the defendant is liable for occurrences that happen after the negligent act took place.)
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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?
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A violation of hospital policy and procedure
(This practice is a violation of the policy and procedures of the hospital and therefore is a violation of standard of care.)
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Which action could result in the nurse being charged with conversion of property? Select all that apply.
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a) The nurse removes the patient's shirt and bra during treatment of a fractured ankle.
b) The nurse removes a package of cigarettes from a patient's robe pocket. (Conversion of property means that the nurse took something of the patient's without permission.)
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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?
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Continue preparations for discharge, comforting the patient as much as possible.
(The nurse must continue to practice within the nursing scope of practice. This situation could be construed to represent false imprisonment.)
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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?
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Substantial factor test
(Substantial factor is considered the best test to pinpoint liability when several causes occur to bring a given injury. This test asks whether the defendant's act or omission was a substantial factor in causing the ultimate harm or injury.)
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Which scenarios would the nurse identify as a quasi-intentional tort rather than an intentional tort? Select all that apply.
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a) The nursing student takes a cellphone picture of a patient's leg wound to show her classmates.
d) The physician accuses the nurse of incompetence in front of the patient's family.
(Defamatory language about a living person that would adversely affect his or her reputation is defamation. Defamation is a quasi-intentional tort.)
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The administration of a health care facility takes the ethical obligation of protecting patients very seriously. Which actions would help nurses meet standards of care? Select all that apply.
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b) Create clearly written policy and procedure manuals.
(A good way to ensure that practitioners meet current standards of care is to create policy and procedure manuals that are current and easy to understand.)
d) Schedule regular reviews of policy and procedure manuals.
(Regular review of policy and procedure manuals will help ensure that these documents reflect current standards of care.)
