Exam III (Ethical/legal)

  1. T or F: the nurse should make careful notes in the patient record when an incident report has been filed?
    F--- the patient record can be subpoenaed in a trial and a hospital likes to keep incident reports looked at as internal hospital issues.
  2. T or F: the student is held to a lower standard of care than the graduate nurse.
    F--- the student is held to the same standard of care than the graduate nurse.
  3. T or F: the student nurse can be sued personally because they do not practice under the instructor's license
  4. T or F: it is one's own responsibility to know their scope of practice and a judge will have no sympathy if they do not.
  5. who writes "statuary law"?
  6. who determins "common law"?
    judicial practice
  7. what are the two catagories of criminal law? explain
    • felonies: serious offenses, punishible by more than a year in prison or death.
    • misdemeanor: less serious crime, usually punishable by fine or less than a year in prison.
  8. what is civil law based on?
    constitutional rights and contracts
  9. what 3 things must be present for a "breach of contract" case?
    • 1. an agreement: patient signs papers on admition stating that they need care and a nurse is expected to provide that care
    • 2. a breach of that contract: an error of omission or comission
    • 3. harm came to patient as a result
  10. what is a "tort"?
    a wrongful act against a person or their property that is punishable by fines, not imprisionment.
  11. what are the two types of torts?
    intentional and unintentional
  12. what are the 4 criteria for a tort?
    • 1. a standard for the act committed
    • 2. that that standard was violated
    • 3. there was a responsible party
    • 4. harm came as a result
  13. what type of tort would assault and battery be an example of?
  14. what type of tort would medication errors be an example of?
  15. what type of tort would failure to assess and monitor a patient be an example of?
  16. what type of tort would invasion of privacy be an example of?
  17. what must a person have to be vulnerable to malpractice suits?
    a professional license.
  18. T or F: in a court's eyes if a nurse didn't chart something, he/she didn't do it
  19. a nurse is held accountable to what standards?
    A - their community's standards
    B - national standards
  20. what 5 things/groups set community standards?
    • 1. ANA
    • 2. State regulations
    • 3. Federal regulatory standards (such as medicare)
    • 4. Independant agencies (such as JCAHO)
    • 5. Faculty standards (a hospital's policies and prcidures)
  21. T or F: if a nurse follows her hospital's policies and procedures she is still at fault if the patient comes to harm
    F---the hospital is to blame then
  22. what is administrative law based on?
    the Nursing Practice Acts
  23. what/who regulates professional licensure, entry into practice, and standards of practice in each state?
    the Nurse Practice Act
  24. who administers the Nursing Practine Acts?
    the BRN
  25. violations of administartive law will result in what?
    disciplinary action or loss of abilty to practice.
  26. which of the following are NOT expectations of the BRN/Nursing Practice Act of nurses?

  27. T or F; a nurse can obtain informed consent from a patient for a medical procedure
    F---only the MD can do that
  28. T or F: if a patient has DNR status, the nurse does not need to follow any contrary verbal messages that the patient or family might express later.
    F--- always follow what the patient or promary care person says at the time.
  29. what does AMA stand for when reffering to a patient leaving the hospital? what should a nurse make sure of in this situation.
    against medical advice. always make sure that the proper parerwork is in order to prevent law suits.
  30. what is SBAR? what does it stand for?
    a stuctured communication tool that promoted critical thinking, uses assertive language, and clarifies information. it stands for:

    • Situation
    • Background
    • Assessment
    • Reccomendation
  31. should a nurse
    a - considder all of the pros and cons to all alternative
    b - rely on what has worked in the past?
  32. what is "nursing informatics"?
    use of computer, information, and nursing scienses that assist in the managment and processing of nursing data, information and knowledge to aid in nursing care.
  33. what of the following should not be done before calling a patient's physician?

  34. T or F: a nurse should use quotes from the patient whenever possible in charting
    T--this provides subjective data
  35. list and explain the 4 patient rights
    • Autonomy: the right of independance
    • Confidentiality: avoide invasion of privacy
    • Informed Choice: they must know the risks and benefits of procedures
    • Competent Care: healthcare providers must bbe competent
  36. what is "nonmaleficense"? what is the exception?
    the requirement that healthdcare providers do no harm to their patients either intentionally or unintentionally. the exception is when a small amount of pain is inflicted "for the greater good" such as a catheter or IV
  37. what is "beneficence"?
    the primary goal of a healthcare provider which is to do good for their patient.
  38. what is "veracity"?
    the obligation of healthcare providers to tell the truth, be honest, and not keep secrets.
  39. what is fedelity?
    the obligation of a healthcare provider to be accountable for their actions
  40. how does the term "justice" apply to a healthcare provider's duties?
    they are obligated to be fair regardless of any individual traits.
  41. a nurse is unable to look up the right answer to a question in hospital policies or in a text book. this is an example of...
    a. an ethical dilema
    b. ethical distress
  42. the legal course of action is defined but seems unfair to the nurse. this is an example of...
    a. an ethical dilema
    b. ethical distress
  43. what is expected of a nurse is in conflict with that nuses personal values. this is an example of...
    a. an ethical dilema
    b. ethical distress
  44. what are the 6 steps to resolve an ethical dilemma? *
    • 1. recognize the delemma
    • 2. gather data (from any available resource)
    • 3. clarify the concepts (by formulation opposing arguments)
    • 4. choose a course of action
    • 5. implement the decision
    • 6. evaluate the outcomes
  45. how many of the following are examples of ways to reduce the risk of malpractice?
    a. demonstrate empathy
    b. keep the client informed
    c. keep promises to the client
    d. follow hospital standards
    e. document meticulously
    f. sistain personal and proffessional integrity
    g. not diagnosing patient
    all of them are
Card Set
Exam III (Ethical/legal)
Exam III (Ethical/legal)