A student nurse contaminates the catheter by inserting it into the vagina on a female patient. The student quickly pulls back and reinserts the foley into the urinary meatus. As a result of the technique used when inserting the catheter, the patient develops an urinary tract infection. As a result of this incident which of the following could legally occur?
The student nurse does not have to worry due to the scope of practice of student nurses.
The student nurse could be found negligent.
The student nurse had informed consent with the patient to agree to allow the student to insert the catheter.
The student nurse would not be considered as part of a law suit due to lack of licensure.
Sources of law that the nurse might consult when investigating the legality of a particular situation might include
A student nurse is caring for a patient with a terminal illness for the first time. The patient's wife and daughter disagree with each other on course of treatment. The patient is not able to make decisions and has not made it know how he would prefer the treatment to be directed. It has been determined that an ethical dillemma is present and all the information relevent to care has been gathered. What would the best next step be in processing this ethical dilemma that the nursing student would desire for resolution?
Consider possible courses of action.
Evaluate the outcome.
Negotiate the outcome to the ethical dilemma.
Examine and determine your own values on the issues.
An example of the intentional tort, assault, that a nurse could commit would be
Showing the patient restraints that the nurse could apply if consent is not obtained.
Intentional touching of the patient without the patient's consent.
Speaking defamatory statements about a patient.
Written publication of false statements that result in damage to the patient's reputation.
A student nurse tells the patient that he will be back next week for clinical, knowing that he will be advancing to the next level of education and will not see the patient again. This is an example of breaching which health care principle of ethics?
Nurses are aware that the American Nurses' Association (ANA) Standards of Nursing Practice are:
Legal statutes that guide nursing practice.
Progressive actions for a nursing procedure.
Requirements for registered nurse licensure.
Policy statements defining the obligations of nurses.
A nurse obtains an informed consent from a patient who is to have an invasive procedure. The nurse's signature on the informed consent form indicates that the:
Surgeon described the procedure and its potential risks.
Patient knows and understands expected outcomes.
Patient actually signed the consent form.
Surgeon is protected from being sued.
A nurse says to a patient, "You should get a second opinion because your physician is not the best." The nurse could be sued for:
The nurse observes a multivehicle collision where several people are seriously injured. When a nurse stops at the scene of this accident, the nurse is:
Given legal immunity by the Good Samaritan Law.
Held responsible for the care provided at the scene.
Meeting the legal trust that accompanies a nursing license.
Immune from prosecution because a contract does not exist.
Five-year-old Bobby has dietary modifications related to his diabetes. His parents want him to value good nutritional habits and they decide to deprive him of a favorite TV program when he becomes angry after they deny him foods not on his diet. This is an example of what mode of value transmission?
Rewarding and punishing
Which of the following is the best professional response to a patient who tells you that she believes that “white nurses are smarter than nurses of color” and then asks if you agree?
“You are right!” (The patient/customer is always right!)
“What I think doesn’t matter. What’s important is whatever you believe.” (Value neutrality)
“I don’t believe being smart is related to race or ethnicity.” (Commitment to human dignity)
The American Association of Colleges of Nursing identified five values that epitomize the caring professional nurse. Which of these is best described as acting in accordance with an appropriate code of ethics and accepted standards of practice?
A professional nurse with a commitment to social justice is most apt to:
Provide honest information to patients and the public
Promote universal access to healthcare
Plan care in partnership with patients
Document care accurately and honestly
When an older nurse complains that nurses just aren’t ethical anymore, which reply reflects the best understanding of moral development?
“The ability to behave ethically must be carefully cultivated; maybe we don’t value this sufficiently to pay it the attention it deserves.”
“I don’t agree that nurses were more ethical in the past. It’s a new age and the ethics are new!”
“Ethics is genetically determined … it’s like having blue or brown eyes. Maybe we’re evolving out of the ethical sense you and your generation had.”
“No kidding! Who could be ethical in a practice setting like this!”
A home health nurse who performs a careful safety assessment of the home of a frail elderly patient to prevent harm to the patient is acting in accord with which of the principles of bioethics?
A professional nurse committed to the principle of autonomy would be careful to:
Provide the information and support a patient needed to make decisions to advance her own interests
Treat each patient fairly, trying to give everyone his or her due
Keep any promises made to a patient or another professional caregiver
Avoid causing harm to a patient
A friend asks you about the new Bill of Rights for nurses. What can you tell her that accurately reflects the concerns of the drafters of these rights?
The Bill of Rights was drafted by nurses who care more about themselves than they do about patients.
The Bill of Rights was drafted by union nurses who are always looking for a reason to strike.
The Bill of Rights was drafted to empower nurses and to improve conditions in the workplace.
Janie wants to call an ethics consult to clarify treatment goals for a patient no longer able to speak for himself. She believes his dying is being prolonged painfully. She is troubled when the patient’s doctor tells her that she’ll be fired if she raises questions about his care or calls the consult. This is a good example of:
Nurse advocates often are conflicted about respecting a patient’s right to be self-determining, while at the same time wanting to do everything in their power to promote the patient’s best interests. Which is the best general guideline for situations like these?
Patient rules! “It’s my life!”
Nurse rules! “It may be your life, but in this instance you don’t know enough to make the right choice!”
When in conflict, weigh the benefits and risks of following each option and then choose wisely.
When a state attorney decides to charge a nurse with manslaughter for allegedly administering a lethal medication order, this is an example of what type of law?
If you wanted to find a list of the violations that can result in disciplinary actions against a nurse, you should read which of the following?
Nurse Practice Act
Code of Ethics for Nurses
Nurses’ Bill of Rights
American Journal of Nursing
“Jean,” a veteran nurse, pleaded guilty to a misdemeanor negligence charge in the case of a 75-year-old woman who died after slipping into a coma during routine outpatient eye surgery at an eye surgery center. Jean admitted she failed to monitor the woman’s vital signs during the procedure. The surgeon who performed the procedure called the nurse’s action pure negligence, saying the patient could have been saved. The patient was a vibrant grandmother of 10 who had walked three quarters of a mile the morning of her surgery and had sung in her church choir the day before. As part of her plea arrangement, the nurse agreed to serve 6 months of probation—the first 2 months on house arrest—and surrender her nursing license.
Those bringing the charges against Jean are called:
Jean’s attorney was careful to explain in her defense that Jean had specialty knowledge, experience, and clinical judgment and had met certain criteria established by a nongovernmental association, as a result of which she was granted recognition in a specified practice area. What is this sort of credential called?
If review of this patient’s record revealed that she had never consented to the eye surgery, of which intentional tort might the surgeon have been guilty?
Invasion of privacy
What must be established to prove that malpractice or negligence has occurred in this case?
The surgeon who performed the procedure called the nurse’s action pure negligence, saying the patient could have been saved.
The fact that this patient should not have died—she was a vibrant grandmother of 10 who had walked three quarters of a mile the morning of her surgery and had sung in her church choir the day before.
The nurse intended to harm the patient and was willfully negligent.
The nurse had a duty to monitor the patient’s vital signs, failed to do so, the patient died, and it was Jean’s failure to do her duty that caused the patient’s death.
When the attorney representing the patient’s family calls Jean and asks to talk with her about the case so that he can better understand her actions, how should Jean respond?
“I’m sorry, but I can’t talk with you. You’ll have to contact my attorney.”
Answer the attorney’s questions honestly and make sure that he understands her side of the story.
Appeal to the attorney’s sense of compassion and try to enlist his sympathy by telling him how busy it was that morning.
“Why are you doing this to me? This could ruin me!”
If you harm a patient by administering a medication (wrong drug, wrong dose, etc.) ordered by a physician, which of the following is true?
You are not responsible, since you were merely following the doctor’s orders.
Only you are responsible, since you actually administered the medication.
Only the physician is responsible, since he or she actually ordered the drug.
Both you and the physician are responsible for your respective actions.
A friend tells you not to even think about carrying your own insurance because “you’ll be a magnet for attorneys trying to make a buck.” When you seek the advice of the American Nurses Association, you are likely to read which of the following reasons for purchasing a personal professional liability insurance policy?
(1) Protection of the nurse’s best interests
(2) Limitations of employer’s coverage
(3) Care or advice given outside of work
(4) Protection of the institution’s best interests
(1) and (2)
(1), (2), (3)
All of the above
A fellow student asks you about your legal liability when you do your clinical practice. Which of the following are true?
(1) Student nurses are responsible for their own acts of negligence if these result in patient injury.
(2) Students nurses are held to the same standard of care that would be used to evaluate the actions of a registered nurse.
(3) A hospital may also be held liable for the negligence of a student nurse enrolled in a hospital-controlled program because the student is considered an employee of the hospital.
(4) Nursing instructors may share a student’s responsibility for damages in the event of patient injury if the instructor failed to provide reasonable and prudent clinical supervision.
(1) and (3)
(2) and (4)
What is altruism?
Concern for the well-being of others.
Maintenance for moral, legal, and humanistic principles.
The right to self-determination.
Respect for the worth of people and populations.
What is autonomy?
Acting according to a code or certain standards.
The right to self determination.
Concern for the well being of others.
Human dignity is respecting the worth of people and populations.
Integrity is maintenance of moral, legal, and humanistic principles.
Social justice is maintenance of moral, legal, and humanistic principles.
A nurse is guilty of __________________ when she restrains a patient, without an order, for using the call light too frequently.
In a malpractice lawsuit, a nurse accused of a wrongful act is the __________________.
A nurse documents that a patient is “too lazy” to turn every 2 hours and “extremely difficult” to care for. She is guilty of ______________.
A nurse may be committing ___________ if he gives a patient a dose of IV Ativan without the patient’s awareness or consent.
A nurse is called to court for a malpractice hearing because she was present at the time a surgeon failed to maintain a sterile field during a procedure. This nurse would be considered a ______________.
The physician tells a patient that her lap band surgery will cure her of heart disease and diabetes. This physician is potentially guilty of ________________.
A wound care nurse may be called as the _____________ in a malpractice suit when a patient develops a pressure ulcer due to a lack of competent nursing care.
After an open cholecystectomy (gallbladder removal), an abdominal X-ray reveals an unknown foreign object in the abdominal cavity. This is an example of ________________.
The nurse tech witnesses a patient fall while attempting to transfer from the bed to the chair. Which of the following statements should not be included in the incident report?
The patient received 0.5 mg of Ativan 30 minutes before the incident.
The patient was wearing nonskid footwear at the time of the incident.
The patient is drug-seeking and fell on purpose to receive pain medication.
The incident occurred in the patient’s room at 1300.
Which of the following is true regarding an occurrence/incident report:
It is a method used to discipline negligent employees.
It is always completed by the physician on call.
An occurrence/incident report is only completed when there is harm to a patient.
It is used as a quality improvement measure to help promote safe nursing care.