Chapter 8 Legal Issues in Nursing and Health Care

Chapter 8  Legal Issues in Nursing and Health Care

Complete Chapter Questions And Answers
 

Sample Questions

MULTIPLE CHOICE

1. A patient arrives in active labor and exhibits toxemia with irregular fetal heart tones. The patient is an immigrant and is uninsured. Which act would prevent the patient from being transferred to another facility?
A.
Emergency Medical Treatment and Active Labor Law
B.
Health Insurance Portability and Accountability Act
C.
Patient Self-Determination Act
D.
The Patient Safety and Quality Improvement Act

ANS: A
Choice (A) is correct because the Emergency Medical Treatment and Active Labor Law is a federal statute that was enacted in 1986 to prohibit the transfer of unstable patients, including women in labor, from one facility to another. This law also prohibits refusal of care for indigent and uninsured patients who seek medical assistance in the emergency department. (B) is incorrect because the Health Insurance Portability and Accountability Act ensures the confidentiality of patients’ personal health information. (C) is incorrect because the Patient Self-Determination Act is a federal statute that supports individuals in expressing their preferences about medical treatment and making decisions about end-of-life care. (D) is incorrect because The Patient Safety and Quality Improvement Act allows nonidentifiable patient data to be distributed to a qualified Patient Safety Organization (PSO) for the purpose of analyzing medical errors.

DIF: Application REF: Page 145

2. A nurse is caring for a patient with malignant hypertension whose blood pressure has increased by 40 mm Hg during the past hour. The nurse goes to lunch and fails to report the change to the physician. The nurse is at risk for being charged with
A.
negligence.
B.
assault.
C.
defamation of character.
D.
tort

ANS: A
Choice (A) is correct because this action reflects negligence. Negligence is defined as failure to act in a reasonable and prudent manner. The most frequent allegations of nursing negligence include failure to ensure patient safety, improper treatment, failure to monitor the patient and report significant findings, medication errors, and failure to follow the agency’s policies and procedures. (B) is incorrect because assault is defined as action that causes a person to fear that he or she will be touched without consent. (C) is incorrect because defamation of character is defined as attacks on a person’s reputation. (D) is incorrect because a tort is a civil wrong or injury committed by one person against another.

DIF: Application REF: Page 154

3. A nurse is caring for a patient who just suffered a stroke and is medicated for pain. The nurse completes the following interventions: places the patient on the examining table, completes a thorough history and physical, covers the patient with a sheet, places the call button within reach, and goes out in the hall to speak with the patient’s physician. The patient tries to get up to speak with his family and falls, sustaining a hematoma on the head and a broken hip. The nurse’s actions reflect
A.
invasion of privacy.
B.
libel.
C.
slander.
D.
negligence.

ANS: D
Choice (D) is correct because the nurse is failing to ensure patient safety after medication administration; this is defined as negligence. (A) is incorrect because invasion of privacy occurs when a person’s private affairs, such as medical history, are made public without consent. (B) is incorrect because libel is defined as a form of defamation inflicted by the written word. (C) is incorrect because slander is defamation of character achieved through the spoken word.

DIF: Application REF: Page 154

4. Being charged with which of the following offenses would result in a minor criminal offense?
A.
Solicitation of illegal drugs
B.
Stealing a car
C.
Failing to report elder abuse
D.
Billing Medicare for services not rendered

ANS: C
Choice (C) is correct because failing to report elder abuse can lead to penalty of fine or imprisonment. (A), (B), and (D) are all major criminal offenses that are punishable with imprisonment.

DIF: Application REF: Page 150