Test bank for essentials of nursing leadership managementm 3rd edition by kelly

Good Samaritan laws were enacted to protect the health care professional from legal liability.. An example of care rendered that does not fall into this category is: mountains accident

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followed?

convene and decide

a court of law

ANS: B

Even though Mrs J has given her son legal power of attorney over her health care decisions, if she is competent and disagrees with the wishes or decision of her agent (her son), her decisions are the ones that prevail

PTS: 1 OBJ: Cognitive Level: Analyzing TOP: False Imprisonment

2 Good Samaritan laws were enacted to protect the health care professional

from legal liability An example of care rendered that does not fall into this

category is:

mountains

accident victim who stopped breathing and who was

forcibly thrown from his own vehicle

skiing accident

ANS: C

Some of the components of care given under the Good Samaritan laws are: care that

is rendered in an emergency situation (the nurse at the water skiing accident or who sets the broken leg while hiking) and the health care worker not being paid The situation of an EMT that did intubate the patient who was thrown from his vehicle indicates that the EMT arrived in response to a call, and therefore was working at the time If the EMT was just passing by and happened to see the accident and was

not called there to render care or was off-duty at the time, then the care would fall under the Good Samaritan laws The doctor who delivers a baby during a football game also rendered care under the Good Samaritan law

Failing to honor a patient’s advance directive (living will, medical power of attorney,

or durable medical power of attorney) puts caregivers at risk for charges of

malpractice via battery An example of negligence would be not honoring the wishes

of a patient who does not have an advance directive and letting him die Licensure could be revoked or suspended due to certain acts (or failure to act), but this is not a guarantee and is dependent upon the circumstances and outcomes involved

PTS: 1 OBJ: Cognitive Level: Analyzing

TOP: Following Orders, Including Do Not Attempt Resuscitation (DNAR)

4 Tort law is concerned with:

a torts and lies, and always being correct

duty

when they don’t want to be touched

and always being correct

ANS: C

According to The ’Lectric Law Library’s legal lexicon on the Federal Tort Claims Act

(2011), tort is defined as a negligent or intentional civil wrong that does not arise

from a contract or statute, that injures someone in some way, and for which the injured party can then sue the wrongdoer for damages Examples of this include the failure to show up for jury duty (failure to comply with a public duty) and touching people when they do not want to be touched (battery, which is a type of tort

a invasion of privacy c assault

will Battery is the actual act of giving the enema (treatment), and defamation is the

act of giving intentionally false information, communication, or publication (such as making a statement that could cause an individual to lose his job)

PTS: 1 OBJ: Cognitive Level: Analyzing TOP: Assault and Battery

6 Assault differs from battery in that it:

d concerns the thought without the act or threat

ANS: B

Assault concerns the threat to touch (or treat) another person without his

permission Battery occurs through the actual act of touching (or treating) another person without his permission

PTS: 1 OBJ: Cognitive Level: Understanding TOP: Assault and Battery

7 Three types of public laws are:

ANS: B

Public law defines a citizen’s relationship with the government Three examples of

these types of laws are: 1) criminal (deals with the actions of individuals that

intentionally do harm to others), 2) constitutional (works from a constitution of

basic laws specifying powers of parts of the government), and

3) administrative (protection of the rights of citizens)

9 The use of a whiteboard to organize nursing assignments per shift or to give patients information about their practitioners and/or diagnosis is a violation of:

as they provide a means for others to access private medical information about individual patient care Examples of HIPAA violations include: the use of

whiteboards to organize shift assignments and nursing organizational charts (used

to organize patient treatments, diagnoses, etc.)

PTS: 1 OBJ: Cognitive Level: Analyzing

TOP: Invasion of Privacy and Confidentiality

10 The Nurse Licensure Compact is:

a a plan for all nurses to need only one license with a

large annual fee

Nursing

licensure and the NCLEX examinations

PTS: 1 OBJ: Cognitive Level: Understanding

TOP: Multistate Licensure Compact

11 According to contract law, an agreement must contain the following in order

to be considered legal:

the first party must do

b an agreement between two people in which a fee was

paid up front

contract imposes upon each party

contract imposes on each party (not only the first party) to the contract, and 2) an

agreement between two or more legally competent individuals/parties stating what each must or must not do It can be either oral or written

PTS: 1 OBJ: Cognitive Level: Understanding TOP: Contract Law

12 There is a going-away party for a nurse you work with who has been

promoted to a managerial position in another facility that is part of the same health care organization you both currently work under Photographs have been taken of nurses around the unit as a way for the nurse to remember fellow colleagues If patients are inadvertently photographed and no consent for this has been obtained, this is an example of:

consent under these situations is considered to be an invasion of privacy Assault

deals with the threat to touch another person against his will Battery is the actual act of touching or treating another person against his will Defamation (including libel and slander) is concerned with intentionally giving false information that may cause the loss of a person’s reputation

PTS: 1 OBJ: Cognitive Level: Analyzing

TOP: Invasion of Privacy and Confidentiality

13 The reasonable person standard states that:

relationship

and make good partners

male-female ratios according to clinical position

procedures, evidence from the states’ Nurse Practice Act, and the use of expert witnesses to the standard of nursing practice in that community are all examples of

the reasonable person standard

PTS: 1 OBJ: Cognitive Level: Understanding TOP: Negligence and Malpractice

14 Risk management programs:

protection from financial liability

hence no need for specially trained people

to evidence-based practice

ANS: B

Risk management programs in hospitals are set up to investigate and correct system problems that may contribute to errors in patient care or to employee injury They have an emphasis upon quality improvement and the protection of the institution from financial liability Ethics departments/programs deal with bioethical problems and dilemmas While risk management personnel may reside within a quality

management/improvement department, they are specially trained in risk

prevention and are able to focus on identifying risk behaviors and correcting the problems

be expected to float on a regular basis

seniority to not have to float

float

the ER, she felt she could not safely care for her

patients

PTS: 1 OBJ: Cognitive Level: Evaluating

TOP: Other Legal Risks for the Nurse, Doctor, or Hospital

16 Nurses should be sure that their documentation includes a number of key criteria in order to be thorough and help protect them from liability Which of the following is not necessarily correct regarding thorough documentation practices?

those provided by the ANA

practices

response, and any revisions made in the patient’s plan

of care

d a method of communication among health care

providers responsible for the patient’s care

response, and any revisions made in the patient’s plan of care, 3) a method of

communication among health care providers responsible for the patient’s care, and 4) the FLAT (not FATE) acronym can be used by nurses to help ensure accurate and thorough documentation

PTS: 1 OBJ: Cognitive Level: Remembering TOP: Documentation

18 Which of the following is not one of the reasons that the implementation of

the electronic medical record has been slow in the United States?

federal antiKickback statute, HIPAA, antitrust laws, stark antireferral (not

antidefamation) rules, and concerns about malpractice exposure

PTS: 1 OBJ: Cognitive Level: Analyzing TOP: Documentation

19 A state board of nursing that develops rules specifying the duties of

registered nurses is displaying a type of law under which specific branch of the government at the state level?

ANS: B

Several categories of public law affect the practice of nursing The nurse

accommodates patients’ constitutional right to practice their religion every time the nurse calls a patient’s clergy as requested, follows a specific religious custom for the preparation of meals, or prepares a deceased person’s remains for burial

ANS: A

One aspect of criminal law affecting nursing practice is the state and federal

requirement that criminal background checks be performed This is an attempt to protect the most vulnerable citizens Another area of criminal law which affects nursing practice is the prohibition against substance abuse Both federal and state laws require health care organizations to keep a strict accounting of the use and distribution of regulated drugs Health care facilities can perform random drug screens on nurses and all employees as well as drug screens for a condition of

employment

a have every employee take a flu shot

PTS: 1 OBJ: Cognitive Level: Applying

TOP: Nursing Actions to Decrease Liability

24 The respondent superior law states:

c nurses must carry liability insurance

PTS: 1 OBJ: Cognitive Level: Understanding

TOP: Nurses Involved in Litigation

25 State laws are interpreted as administrative rules when they:

ANS: A

Both the federal government and state government have administrative laws that

affect nursing The Code of Federal Regulations has rules that health care

organizations must adhere to if they are to qualify for federal funding Likewise, state laws are interpreted in administrative rules that specify licensing

requirements for health care providers in the state Protecting employees from violence is covered under federal law and mandating requirements for nursing education is covered under state law

1 Identify the reasons nurses may need to carry their own malpractice

insurance Select all that apply

they fail to comply with its policies and procedures

outside the scope of their employment

ANS: A, B, C

Some reasons why nurses may consider carrying their own malpractice insurance pertain to an employer’s liability coverage that might not protect them if it is found that they acted outside their scope of employment (e.g., NAP who started an IV) or failed to comply with facility policies and procedures In addition, nurses are being named individually as defendants more frequently, and it would be advantageous for a nurse to be assured of a sound defense independent of the nurse’s employer

PTS: 1 OBJ: Cognitive Level: Applying

TOP: Professional Liability Insurance

2 Following are suggestions for consulting and collaborating with attorneys

Which are not correct? Select all that apply

about costs

possible liability until you are sure

LaDuke (2002) noted a number of helpful suggestions: 1) keep costs

sensible (expenses should be explained up front and sometimes a retaining fee is

paid), 2) be attentive (read the documents your attorney provides), 3) set your own

course (insist on a collaborative relationship with your attorney for the duration of

your case), 4) retain a specialist (professional malpractice, professional disciplinary

proceedings, and employment disputes require the expertise of a specialist in those

areas), 5) DO notify your insurance carrier as soon as you are aware of a real or

potential liability issue, and 6) weed through the writing (your attorney needs to

explain all facts and opinions)

PTS: 1 OBJ: Cognitive Level: Applying

TOP: Nurse | Attorney Relationship

reportability of physical abuse Medicare requirements and eligibility fall under the administrative law category

PTS: 1 OBJ: Cognitive Level: Understanding TOP: Criminal Law

4 Which are terms that relate to the tort law on intentionally false

communication or publication? Select all that apply

communication) and libel (written communication) DNAR refers to a do not

attempt resuscitation order on a patient, but is not a term specific to defamation

PTS: 1 OBJ: Cognitive Level: Understanding TOP: Defamation

5 A nursing checklist of actions to decrease liability notes a number of different ways to help prevent liability Which of the following are suggestions from this list? Select all that apply

informed

outcome of patient care through incident reports,

sentinel events, etc

policies

promote rapid transmission of information to help

ensure good patient outcomes

ANS: A, B, C

The nursing checklist of actions to decrease liability provided a number of

suggestions that can be adopted from a risk management standpoint Some of these actions include: 1) communicate with your patients and keep them informed, 2) maintain ongoing monitoring of the process and outcome of patient care through incident reports, sentinel events, etc., 3) develop physical, mental, and verbal “no abuse” policies to be followed by all professional and nonprofessional staff, and

4) avoid the use of telephone and verbal orders and if used be sure to repeat the

order back to the practitioner to maintain clarity and promote patient safety

PTS: 1 OBJ: Cognitive Level: Applying TOP: Risk-Management Programs