Homework Lance
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
5. Which of the following may a nursing expert witness be called to a trial to do?
a.
To interpret the health care record
b.
To interpret the educational qualifications of the nurse in question
c.
To present regulatory body standards
d.
To describe previous malpractice incidents regarding the nurse in question
ANS: A
Correct A: Nursing experts are called as witnesses to interpret the health care record and assist the court in reconstructing the events and drawing inferences.
Incorrect B: If a nurse is registered he is presumed to be competent, so educational qualifications are not the issue.
Incorrect C: This is not applicable for an expert witness; however, the witness may describe what a reasonable and prudent nurse would do in a similar situation.
Incorrect D: This is not applicable.
DIF: Cognitive level: Synthesis REF: p. 216
6. How do the courts determine if a nurse’s conduct has been negligent?
a.
The standard of care is used as an objective measure.
b.
The professional standards are used as a subjective measure.
c.
Only an appellate court can determine this.
d.
This would go before a disciplinary review board, not the courts.
ANS: A
The standard of care is what a reasonably competent professional would do in a similar situation. If a defendant’s conduct is seen as having fallen below this standard, a court may find that defendant’s conduct to be negligent.
Incorrect B: Professional standards may be used to support a case but cannot be used to determine negligence.
Incorrect C: The type of court is irrelevant in this situation.
Incorrect D: Cases of misconduct, incompetence, and negligence may all be heard by a review board; however, negligence would also be judged by the courts if the nurse was involved in a lawsuit.
DIF: Cognitive level: Comprehension REF: p. 202
TRUE/FALSE
1. Failing to meet a standard of practice of the nursing profession would be called malpractice.
ANS: F
Correct: Failing to meet a standard of practice of the nursing profession would be called professional misconduct. Malpractice involves performing lawful acts in a careless manner or in a manner that does not conform to a generally recognized practice standard or standard of care in the nursing profession.
Incorrect: This is not a true statement.
DIF: Cognitive level: Synthesis REF: pp. 189–190
2. A nurse who performs a procedure beyond her level of skill and ability would be considered incompetent.
ANS: F
Correct: The nurse would be considered negligent, not incompetent.
Incorrect: This is not a true statement.
DIF: Cognitive level: Synthesis REF: p. 196
3. An assault occurs when a person intentionally threatens another person with imminent harm.
ANS: T
Correct: Assault is the intentional threat of imminent harm. Actual physical contact is not necessary to prove assault.
Incorrect: This statement is true.
DIF: Cognitive level: Knowledge REF: p. 195
4. The nurse’s duty of care to patients and clients is based on professional standards of care.
ANS: T
Correct: Nurses owe a duty of care to patients and clients to act in a competent and diligent manner according to the standard of the reasonably competent nurse.
Incorrect: This statement is true.
DIF: Cognitive level: Knowledge REF: p. 197
5. In a case where a nurse’s conduct is in question, the standard of care used in court would be the actions of a reasonably competent nurse in similar circumstances.
ANS: T
Correct: The standard of care is what a reasonably competent professional would do in a similar situation. The nurse is legally required to operate and act at a level that meets or exceeds the standard of care of a reasonably prudent caregiver or health care professional.
Incorrect: This statement is true.
DIF: Cognitive level: Knowledge REF: pp. 202, 205
6. Contributory negligence means that the patient, as the plaintiff, is partly responsible for the harm she suffered.
ANS: T
Correct: Contributory negligence means that the patient, as the plaintiff, is found to be partly at fault for the harm she suffered. In all common law provinces and territories, the patient may still recover damages from the defendant even if the patient is in some way responsible.
Incorrect: This statement is true.
DIF: Cognitive level: Knowledge REF: pp. 203–204
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