Legal Implications of Nursing

A nurse is arrested for possession of illegal drugs. What kind of law is involved with this type of activity?
A)
civil
B)
private
C)
public
D)
criminal

A lawyer quotes a precedent for punishment of a crime committed by the defendant in a trial. What is court-made law is known as?
A)
public law
B)
statutory law
C)
common law
D)
administrative law

A patient is suing a nurse for malpractice. What is the term for the person bringing suit?
A)
plaintiff
B)
defendant
C)
litigator
D)
witness

A nurse is providing patient care in a hospital setting. Who has full legal responsibility and accountability for the nurse’s actions?
A)
the nurse
B)
the head nurse
C)
the physician
D)
the hospital

What type of law regulates the practice of nursing?
A)
common law
B)
public law
C)
civil law
D)
criminal law

What is the legal source of rules of conduct for nurses?
A)
agency policies and protocols
B)
constitution of the United States
C)
American Nurses Association
D)
Nurse Practice Acts

A nurse moves from Ohio to Missouri. Where can a copy of the Nurse Practice Act in Missouri be obtained?
A)
Ohio State Board of Nursing
B)
Missouri State Board of Nursing
C)
federal government nursing guidelines
D)
National League for Nursing

Which of the following best describes voluntary standards?
A)
Voluntary standards are guidelines for peer review, guided by the public’s expectation of nursing.
B)
Voluntary standards set requirements for licensure and nursing education.
C)
Voluntary standards meet criteria for recognition, specified area of practice.
D)
Voluntary standards determine violations for discipline and who may practice.

Which of the following statements accurately describe an aspect of the credentialing process used in nursing practice? Select all that apply.
A)
Credentialing refers to the way in which professional competence is ensured and maintained.
B)
Accreditation is the process by which the state determines a person meets minimum requirements to practice nursing.
C)
Certification grants recognition in a specified practice area to people who meet certain criteria.
D)
Legal accreditation of a school preparing nursing personnel by the state Board of Nursing is voluntary.
E)
Once earned, a license to practice is a property right and may not be revoked without due process.
F)
A nurse must be licensed by the state board of nursing in each state in which he or she desires to practice.

10.

Which of the following accreditations is a legal requirement for a school of nursing to exist?
A)
National League for Nursing Accrediting Commission
B)
American Association of Colleges of Nursing accreditation
C)
State Board of Nursing accreditation
D)
educational institution accreditation

11.

In comparison with licensure, which measures entry-level competence, what does certification validate?
A)
innocence of any disciplinary violation
B)
specialty knowledge and clinical judgment
C)
more than 10 years of nursing practice
D)
ability to practice in more than one area

12.

Which of the following is the most frequent reason for revocation or suspension of a nurse’s license?
A)
fraud
B)
mental impairment
C)
alcohol or drug abuse
D)
criminal acts

13.

A nurse does not assist with ambulation for a postoperative patient on the first day after surgery. The patient falls and fractures a hip. What charge might be brought against the nurse?
A)
assault
B)
battery
C)
fraud
D)
negligence

14.

A patient refuses to have a pain medication administered by injection. A nurse says, If you don’t let me give you the shot, I will get help to hold you down and give it. With what crime might the nurse be charged?
A)
assault
B)
battery
C)
negligence
D)
defamation

15.

Two nurses are discussing a patient’s condition in an elevator full of visitors. With what crime might the nurses be charged?
A)
defamation of character
B)
invasion of privacy
C)
unintentional negligence
D)
intentional negligence

16.

A lawsuit has been brought against a nurse for malpractice. The patient fell and suffered a skull fracture, resulting in a longer hospital stay and need for rehabilitation. What does the description of the patient represent as proof of malpractice?
A)
damages
B)
causation
C)
duty
D)
breach of duty

17.

Which of the following nursing actions would be considered a violation of HIPPA regulations? Select all that apply.
A)
A nurse ambulates a patient through a hospital hallway in a hospital gown that is open in the back.
B)
A nurse shoves a confused bedridden patient into bed after he made several attempts to get up.
C)
A nurse inadvertently administers the wrong dose of morphine to a patient in the ICU.
D)
A nurse uses a patient’s chart as a sample teaching case without changing the patient’s name.
E)
A nurse reports the condition of a patient to the patient’s employer.
F)
A nurse misrepresents herself to obtain a license to practice nursing.

18.

According to HIPPA regulations, which of the following is a patient right regarding the patient’s medical record? Select all that apply.
A)
to see the health record
B)
to copy the health record
C)
to make additions to the health record
D)
to cross out sections of the health record
E)
to restrict certain disclosures of the health record
F)
to destroy the health record

19.

A nurse has been named as a defendant in a lawsuit. With whom should the nurse discuss the case?
A)
colleagues
B)
reporters
C)
plaintiff
D)
attorney

20.

A nurse is accused of malpractice by a patient. Place all of the steps in the malpractice litigation listed below in the order in which they normally occur. Use all options.
A)
All parties named as defendants work toward a fair settlement.
B)
Trial takes place and a decision or verdict is reached.
C)
Pretrial discovery activities occur including review of medical record.
D)
The defendant contests allegations believing there is no basis for them.
E)
The case is presented to a malpractice arbitration pane and is accepted or rejected.
F)
If the verdict is not accepted by both sides, it may be appealed to an appellate court.

21.

A competent adult patient is scheduled for surgery. Who signs the informed consent form to allow the surgery?
A)
a relative
B)
the physician
C)
a nurse
D)
the patient

22.

A nurse explains the informed consent form to a patient who is scheduled for heart bypass surgery. Which of the following are elements of this consent form? Select all that apply.
A)
Disclosure
B)
Organ donation
C)
DNR orders
D)
Comprehension
E)
Competence
F)
Voluntariness

23.

Which of the following is the nurse’s best legal safeguard?
A)
collective bargaining
B)
written or implied contracts
C)
competent practice
D)
patient education

24.

A nurse has taken a telephone order from a physician for an emergency medication. The dose of the medication is abnormally high. What should the nurse do next?
A)
administer the medication based on the order
B)
question the order for the medication
C)
refuse to administer the medication
D)
document concerns about the order

25.

A patient gets out of bed following hip surgery and falls and re-injures her hip. The nurse caring for her knows that it is her duty to make sure an incident report is filed. Which of the following statements accurately describes the correct procedure for filing an incident report?
A)
The physician in charge should fill out the report.
B)
The names of the staff involved should not be included.
C)
The reports are used for disciplinary action against the staff.
D)
The report should contain all the variables related to the incident.

Answer Key