Chapter 7 The Nurse’s Legal Accountabilities

Chapter 7  The Nurse’s Legal Accountabilities

Complete Chapter Questions And Answers
 

Sample Questions

MULTIPLE CHOICE

1. Which of the following describes an employer’s responsibility in relation to the standard of care?
a.
To address the effects of nurse absenteeism on patient care
b.
To evaluate all nurses on an annual basis to ensure that they are meeting standards
c.
To implement an improvement plan for nurses who do not meet standards
d.
To ask for expert nurses who exceed standards to mentor other nurses

ANS: C
Correct C: Employers have a common law duty to take active steps to ensure that nurses falling short of a standard receive the appropriate improvement plan. The employer may be liable otherwise.

Incorrect A: This does not relate to the employer’s responsibility regarding the standard of care.
Incorrect B: Annual evaluation is not only the responsibility of the employer; nurses are also accountable and have the responsibility to regularly self-evaluate.
Incorrect D: This does not relate to the employer’s responsibility regarding the standard of care.

DIF: Cognitive level: Synthesis REF: p. 208

2. Which of the following is the best example of an intentional tort?
a.
A nurse assaults a patient.
b.
A nurse makes a medication error, resulting in an adverse reaction in the patient.
c.
A nurse is abusing substances while at work.
d.
A nurse accidentally runs a commode over and bruises a patient’s foot.

ANS: A
Correct A: An intentional tort is a civil wrong committed against one person by another who intends the action that causes injury or damage to either the victim or the victim’s property. A nurse who assaults a patient is committing an intentional tort.

Incorrect B: This is a nonintentional tort and may constitute negligence.
Incorrect C: This could be related to a medical issue or possibly an illness on the part of the nurse and is not relevant.
Incorrect D: This event was unintentional and did not cause serious damage; it is not a tort.

DIF: Cognitive level: Analysis REF: p. 194

3. In order to prove negligence, which three elements must be present?
a.
Duty of care is owed, duty of care is breached, damage is a direct result
b.
Duty of care is breached, indirect damage is present, duty of care is owed
c.
Duty of care is breached, damage is a direct result, damage is permanent
d.
Duty of care is breached, indirect damage results, damage is permanent

ANS: A
Correct A: First, the defendant must owe a duty of care in law toward the plaintiff. Second, the defendant must have breached that duty and failed to discharge the standard of care required by law in the particular situation. Third, the plaintiff must have suffered damage or harm caused by the defendant’s breach of the duty of care.

Incorrect B: This is not the correct sequence of elements.
Incorrect C: This is not the correct sequence of elements.
Incorrect D: This is not the correct sequence of elements.

DIF: Cognitive level: Analysis REF: p. 196

4. A nurse whose lack of actions demonstrates disregard for the lives or safety of others is liable for which of the following?
a.
Criminal incompetence
b.
Statutory negligence
c.
Professional malpractice
d.
Criminal negligence

ANS: D
Correct D: This nurse is liable for criminal negligence. If a nurse fails to perform some act that is part of her nursing procedures and duties and someone dies or suffers serious bodily harm as a result, the omission in care may constitute a criminal offense.

Incorrect A: Criminal incompetence is not recognized terminology.
Incorrect B: Statutory negligence is not recognized terminology.
Incorrect C: Malpractice (negligence by a professional) is not necessarily criminal; it involves performing lawful acts in a careless manner, which may not involve misconduct.

DIF: Cognitive level: Analysis REF: p. 210