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ch.3 legal/fund
legal and ethical aspects of nursing
Question | Answer |
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Although both statues and torts are laws, a tort is a:1.civil or criminal law,2.wrong against the public,3.violation of civil law,4.felony crime | 3.violation of civil law |
Accountability is important in nursing. A student shows accountability by(aa):1.providing safe patient care,2.preparing adequately for clinical assignments,3.reporrting any errors,4.evaluating the care given,5.obtaining new patient orders as needed. | 1.providing safe patient care,2.preparing adequately for clinical assignments,3.reporting any errors,4.evaluating the care given. |
You decide to delegate frequant vital sign measurements on your postoperative patient to the nursing assistant. When delegating nursing tasks to others, you are responsible for (aa):1.knowing whether the task can be leagally delegated,2.verifying the comp | 1.knowing whether the task can be legally delegated,2.verifying the competency of the person delegated the task |
one nurse says to another,"well,did you make it with Dr. Sanchez last night?" making sexual comments on the nursing unitis considered sexual harrasment, and is illegal when it | interferes with someone's job performance. |
A patient is brought to the er uncounscious after an auto accident. she is seriously injured and needs immediate surgery. No next of kin can be quickly located. A signed informed consent is not necessary, because the patient | is unconscious and unable to communicate |
Which consent from is used to show the patient has consented to have blood drawn for laboratory test, treatments by the nurses such as dressing a wound or cath, and treatment by the phsical or respiratory therapist? | admission agreement |
Which of the following are considered incidents and need to be reported on an incident or occurrence form(aa)1.a patient falling to the floor while getting out of bed,2.a visitor slipping and falling on a wet hallway floor,3.giving the patientthe wrongmed | 1.a patient falling to the floor while getting out of bed,2.a visitor sliping and falling on a wet hallway floor,3.giving a patient the wrong med. |
Which of the following are legal points in the Health Insurance Portability and Accountability Act(HIPAA)(aa)1.the patient has a right to amend an error in his or her medical record,2.information cannot be given to outside sources without patient'sconsent | 1.the patient has a right to ammend an error in his or her medical record,2.information cannot be given to outside sources without patient consent,3.patient information must not be exposed to public view |
According to the rules of HIPAA, in order to provide patient info to family members or close friends you must first | make certain the patient has no objection to the information being shared. |
reportable events, by law, under the Child Abuse Prevention and Treatment Act, include(aa)1.a parent locking a 20y-old drug abusing son out of house,2.a school-agechild who continually comes to school unbathed and in dirty clothes,3.bruises on achildslegs | 2.a school-age child who continually comes to school unbathed and in dirty clothes,4.a child who has been brought to the er for the fourth time in a year with a broken bone that a parent says must be from a fall that was unwitnessed. |
Nurses work in patient situations that give them permission to do what is usually not permitted in other circumstances. this is consistent with which legal term? | Privilege |
One of the most common charges brought against nurses is: | incompetence |
Which of the following is a true statement?1.Employees may ask about health status on an employment app,2.Sexual harassment is illegal when it interfers with job performance,3.student nurses are not held to the same standards as an lpn,4.in case of child | sexual harassment is illegal when it interferes with job performance |
Psychiatric patients can be held against their will in which situation?1.unable to provide for basic needs,2.major depression,3.homelessness,4.substance abuse | unable to provide for basic needs |
An unexpected patient care occurrence that results in death and or serious injury to the patient is: | sentinel event |
informed consent may be given by: | competent 19-year-old who has just taken acetaminophen |
Which of the statements is true regarding advance directives?1.advance directives expire,2.emergency medical techs may honor advance directives,3.a living will is a type of advance directive,4.DNR orders are written by nurses | a living will is a type of advance directives. |
Which of the following is true regarding assisted suicide?1.a constitutional right exists for physician-assisted suicide,2.participation is a violation of ANA code for nurses,3.it is a crime in all states,4.is the same as euthanasia | Participation in assisted suicide is a viloation of the American Nurses Association Code for Nurse. violates principle of "do no harm" |
_______ is a wrong against society. | Crime |
A LPN/LVN may supervise which of the following?(aa)1.nursing assistants,2.nurse technicians,3.LPN/LVNs,4.RNs | 1.Nursing assistants,2.nurse technicians,3.LPN/LVNs |
Taking responsibility for one's actions | accountability |
A consent that has been construvted before the need for it arises, spells out a patient's wishes regarding surgery as well as diagnostic therapy. | Advance Directive (living will) |
When one person makes remarks about another person that are untrue, and the remarks damage that person's reputation. | defamation |
The assignment of duties to another person. | delegation |
filed for an out of the ordinary orccurrence. | incident report |
Occurs when there has been a ciolation of the confidential and privileged nature of a proffesional relationship. | invasion of privacy |
Negligence by a professional person, they do not act according to the professional standards of care as a reasonably prudent professional would, | malpractice |
This was passed to improve the work environment in areas that affect workers' health or safety. | (OSHA) Occupational Safety and Health Act |
An unexpected patient care event that results in death or serious injury(or risk)to the patient. | sentinel event |
The practice of nursing is regulated by: | state boards of nursing |
Which of the following actions would be considered an invasion of privacy?(aa)1.discussing the comatose patient's condition with his father-in-law,2.disscussing the outcome of a patient's test with another nurse in elevator,3.posting a blog about clinical | 1.disscussing the comatose patient's condition with father-in-law,2.discussing the outcome of a patient's test with another nurse from the unit while in an elevator with other people,3.posting a blog on your personal website about a difficult clinical day |
Which of the following would be classed as assault?(aa)3.threatening not to bring a meal tray if the patient won't behave,5.informing the patient that if he attempts to get out of bed one more time, he will be restrained. | threatening not to bring a meal tray if the patient wont behave,5.informing the patient that if he attempts to get out of bed again, he will be restrained. |
For a nurse to be found guiltyof malpractice when a patient has been injured, it would have to be shown that he or she did not: | do what a reasonably prudent nurse would have done in a similar patient care situation. |
An advance directive is a consent that: | spells out the incapacitated patient's wishes regarding tests and treatments. |
The visitor of one of your patients, stops you in the hall and says,"i hope you will not try to revive my neighbor if her heart stops."The correct response is: | "i understand your concern, but i can't discuss your neighbor's care with you." |
A physician advises a patient to accept intravenous fluids, which she refuses.The nurses states"you must take fluids or we will discharge you" the nurse is: | violating the patient's right to refuse treatment. |
An aide helps your patient back to bed, and asks you if the patient should be placed in a device to prevent wondwering. you say yes, by providing this instruction you are: | liable for charges of false imprisonment. |
your patient asks you,"what do you think of my doctor?"you mention negative things about the doctor and the patient switches phsicians. the affected physician can sue you for what? | slander |
For a patient to successfully win a malpractice claim, which of the following must be proven?(aa)1.duty,2.breach of duty,3.lack of caring,4.harm or damage,5.cause and effect relationship,6.intent,7.fraud | 1,duty, 2.breach of duty, 4.harm or damage, 5.cause-and-effect relationship |
laws that protect a health care professional from liability if he/she stops to provide aid in an emergency | Good Samaritan Laws |
in 2003, this document was revised into "The Patient Care Partnership:Unnderstaning Expectations,Rights, and Resposibilites" | "patient's Bill of Rights" |
SBAR is an acronym for what: | Situation, Backgroung, Assessment, and Recommendation. |
the property of the hospital, agency, or physician, not the patient. | chart |
What are the 6 patient rights and provider responsibilites that HIPAA covers? | 1.consent, 2.notice, 3.access, 4.amendment, 5.accounting of disclosures, 6.restriction of disclosure. |
HIPAA | Health Insurance Portability and Accountability Act |
What are the 4 elements of Malpractice? | 1.duty, 2.breach of duty, 3.causation, 4.injury or damage. |
Rules of conduct that have been agreed to by a particular group. | ethics |
provide guidelines for behavior that promote excellence in patient care and the profession. | Nursing codes of ethics |
The National association for Practical Nurse Education and Services standards of practice for licensed LPN/LVN nurses are? | 1.professional behavior, 2.communication, 3.assessment, 4.caring, 5.planning and interventions, 6.managing |
National Federation of Licensed Practical Nurses codes for LPN/LVN are? | 1.know the scope,2.safeguard conf.info,3.dont disscriminate,4.uphold high personal standards,5.stay informed and educated,6.safe nursing-mind/body fit,7.membership in NFLPN |
Defines the scope of practice of nursing in that state, provides for regulation of the profession by a state's board of nursing, includes the definition of nursing for both RNs and VNs for licensure | Nurse Practice Act |
Violation of civil law. | tort |
are the benchmark by which performance is judged in a legal situation | standards |
violating standards may be cause for | professional discipline |
Defines what constitutes child abuse and neglect as "any recent act, or failure to act, that results in imminent risk or serious harm(physical/emotional), death, sexual abuseor exploitation of a child | Child Abuse Prevention and Treatment Act(CAPTA) |
The 5 steps of looking at problems and discovering why the problem occurred | 1.define the problem, 2.collect data, 3.identify possible causal factors, 4.identify root causes, 5.recommend and implement solutions. |
the threat to harm another or to touch another without permission | assault |
physical contact carried out against a person's will | battery |
ability to function independently | autonomy |