Chapter 04 Legal
Kozier & Erb’s Fundamentals of Nursing, 10/E
Chapter 04
Question 1
Type: MCSA
A client was given the wrong dose of medication and died. The case is being tried in court and
similar cases are used by the court in comparison to arrive at a decision. Which doctrine should the
nurse’s attorney explain is applied to this situation?
1. Common law
2. Public law
3. Administrative law
4. Stare decisis
Correct Answer: 4
Rationale 1: Common law is a type of law enacted by different entities.
Rationale 2: Public law is a type of law enacted by different entities.
Rationale 3: Administrative law is a type of law enacted by different entities.
Rationale 4: Stare decisis, “to stand by things decided,” is a doctrine courts adhere to when arriving
at a ruling in a particular case. The courts apply the same rules and principles applied in previous,
similar cases.
Cognitive Level: Application
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: V. 6. Explore the impact of socio-cultural, economic, legal and
political factors influencing healthcare delivery and practice.
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
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Learning Outcome: 1. List sources of law and types of laws.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 48
Question 2
Type: MCSA
The nurse is notified about new state practice act regulations. Which type of law should the nurse
expect to implement and enforce the nurse practice act regulations?
1. Statutory law
2. Administrative law
3. Common law
4. Public law
Correct Answer: 2
Rationale 1: Statutory laws are laws enacted by any legislative body.
Rationale 2: Administrative agencies are given authority to create rules and regulations to enforce
statutory law when the state legislature passes a statute. State boards of nursing write rules and
regulations to implement and enforce a nurse practice act, which was created through statutory law
but is enforced by administrative law.
Rationale 3: Common law refers to laws evolved from court decisions.
Rationale 4: Public law refers to the body of law that deals with relationships between individuals
and the government and governmental agencies.
Cognitive Level: Application
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: V. 6. Explore the impact of socio-cultural, economic, legal and
political factors influencing healthcare delivery and practice.
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including
HIPAA, for faculty, students, patients, and families
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Nursing/Integrated Concepts: Nursing Process: Planning
Learning Outcome: 1. List sources of law and types of laws.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 48
Question 3
Type: MCSA
The admitting nurse explains the process of signing forms to allow for the client’s insurance
company to be billed for services. If the insurance fails to pay for services, the client is responsible
for payment. Which type of law did the nurse explain to the client?
1. Contract law
2. Tort law
3. Statutory law
4. Administrative law
Correct Answer: 1
Rationale 1: Contract law involves the enforcement of agreements among private individuals or the
payment of compensation for failure to fulfill the agreements. Signing a form prior to receipt of health
care services makes the client responsible for cost, regardless of insurance payment.
Rationale 2: Tort law defines and enforces duties and rights among private individuals that are not
based on contractual agreements.
Rationale 3: Statutory laws are laws enacted by any legislative body.
Rationale 4: Administrative laws give administrative agencies the authority to create rules and
regulations to enforce statutory laws.
Cognitive Level: Analyzing
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: V. 6. Explore the impact of socio-cultural, economic, legal and
political factors influencing healthcare delivery and practice.
TestBankWorld.org
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 1. List sources of law and types of laws.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 48
Question 4
Type: MCSA
The nurse forgets to put the call light within the client’s reach and then leaves the room. The client
reaches for it and falls out of bed. With what should the nurse expect to be charged?
1. Assault
2. Battery
3. Negligence
4. Criminal intent
Correct Answer: 3
Rationale 1: Assault is the threat to touch another person unjustifiably.
Rationale 2: Battery is the willful touching of a person that may cause harm.
Rationale 3: Negligence is an example of a tort law. Negligence occurs when something is
accidental and harm results, as in this case. Another example of negligence would be if surgical
instruments or bandages are accidentally left in a client during surgery.
Rationale 4: Criminal intent implies preplanned actions that are illegal.
Cognitive Level: Analyzing
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including
TestBankWorld.org
HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Planning
Learning Outcome: 10. Compare and contrast intentional torts (assault/battery, false imprisonment,
invasion of privacy, defamation) and unintentional torts (professional negligence).
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 49
Question 5
Type: MCSA
A client is suing the hospital for malpractice. Before the case goes to court, the attorney meets with
staff and reads the medical record. The nurse realizes that the attorney is performing which activity?
1. Burden of proof
2. Complaint
3. Discovery
4. Civil action
Correct Answer: 3
Rationale 1: Burden of proof falls to the plaintiff and is the duty to prove wrongdoing.
Rationale 2: A complaint is a document filed by a person (plaintiff) who claims that his or her legal
rights have been infringed on by one or more persons (defendants).
Rationale 3: Discovery is an effort by both parties to obtain all the facts of the situation. It occurs
before the trial.
Rationale 4: A civil action is a legal action that deals with the relationships among individuals in
society.
Cognitive Level: Analyzing
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: V. 6. Explore the impact of socio-cultural, economic, legal and
political factors influencing healthcare delivery and practice.
TestBankWorld.org
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1. List sources of law and types of laws.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 49
Question 6
Type: MCSA
Before applying for re-licensure, the nurse attends continuing education programs. Which action is
the nurse performing to adhere to the state board of nursing expectation?
1. Licensure
2. Competency
3. Credentialing
4. Certification
Correct Answer: 3
Rationale 1: Licensure is the process of granting a legal permit to practice or engage in a profession,
such as nursing.
Rationale 2: Competency is a level of acceptable performance, and credentialing ensures this in
licensure. Certification is also part of credentialing. It validates that an individual has met minimum
standards of nursing competency in a specialty area.
Rationale 3: Credentialing is the process of determining and maintaining competence in general
nursing practice. It is one way to maintain the professional standards of practice and accountability
for the members’ educational preparation.
Rationale 4: Certification validates that an individual has met minimum standards of nursing
competency in a specialty area.
Cognitive Level: Analyzing
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
TestBankWorld.org
AACN Essentials Competencies: V. 6. Explore the impact of socio-cultural, economic, legal and
political factors influencing healthcare
delivery and practice.
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 3. Compare and contrast the state-based licensure model and the mutual
recognition model for multistate licensure.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 49
Question 7
Type: MCSA
The high school graduate desiring to attend nursing school reviews the schools for
accreditation. Which regulatory body’s actions is the student analyzing?
1. State board of nursing
2. NLNAC
3. CCNE
4. ANA
Correct Answer: 1
Rationale 1: All states require that all schools of nursing in the state are approved/accredited by the
state board of nursing.
Rationale 2: Some but not all states require that programs be both state approved and accredited by
a national accrediting agency such as NLNAC.
Rationale 3: Some but not all states require that programs be both state approved and accredited by
a national accrediting agency such as CCNE.
Rationale 4: Voluntary accreditation is not required by all states and is a means of informing the
public and prospective students that the nursing program has met certain criteria. The ANA
(American Nurses Association) is nursing’s professional organization.
Cognitive Level: Analyzing
Client Need: Safe and Effective Care Environment
TestBankWorld.org
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: V. 6. Explore the impact of socio-cultural, economic, legal and
political factors influencing healthcare delivery and practice.
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 2. Describe ways nurse practice acts, credentialing, standards of care, and
agency policies and procedures affect the scope of nursing practice.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 51
Question 8
Type: MCSA
The nurse carries out a medication order, incorrectly written by the physician and subsequently filled
by the pharmacist. Who, in this situation, is legally liable for the action?
1. Physician
2. Pharmacist
3. Hospital
4. Nurse
Correct Answer: 4
Rationale 1: Even though the physician wrote the order incorrectly, the primary responsibility in
question is the administration of the medication, and so the responsibility is not the physician’s.
Rationale 2: Even though the pharmacist filled an incorrect order, the primary responsibility in
question is the administration of the medication, and so the responsibility is not the pharmacist’s.
Rationale 3: Assuming policies and procedures were written and accessible, the hospital is not
legally responsible in this case.
Rationale 4: The responsibility for the nursing activity—in this case, giving the medication—belongs
to the nurse. Liability is legal responsibility for one’s action. Even though the physician wrote the
order incorrectly and the pharmacist filled it, it was the nurse who carried it out, making that person
ultimately responsible for the action.
TestBankWorld.org
Cognitive Level: Applying
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: V. 6. Explore the impact of socio-cultural, economic, legal and
political factors influencing healthcare delivery and practice.
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 7. Recognize the nurse’s legal responsibilities with selected aspects of nursing
practice.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 53
Question 9
Type: MCSA
A hospital receives notice of being sued for an action performed by a nurse. The nurse
realizes that which doctrine is being implemented in this case?
1. Contractual relationship
2. Stare decisis
3. Respondeat superior
4. Res ipsa loquitur
Correct Answer: 3
Rationale 1: A contractual relationship is not a doctrine; it is what the nurse and hospital, for
example, enter into when the hospital hires the nurse as an employee.
Rationale 2: “To stand by things decided,” or stare decisis, is the same thing as following precedent,
or applying the same rules to a situation as were applied in similar situations.
Rationale 3: “Let the master answer,” or respondeat superior, means that the master (in this case
the hospital/employer) assumes responsibility for the conduct of the servant (the nurse) and can be
held responsible for the nurse’s failure to act in a competent way.
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Rationale 4: “The thing speaks for itself,” or res ipsa loquitur, is a doctrine in cases where harm
occurs but cannot be traced to a specific health care provider or standard.
.
Cognitive Level: Analyzing
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: V. 6. Explore the impact of socio-cultural, economic, legal and
political factors influencing healthcare delivery and practice.
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Evaluation
Learning Outcome: 7. Recognize the nurse’s legal responsibilities with selected aspects of nursing
practice.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 62
Question 10
Type: MCSA
A client being prepared for an invasive procedure questions some of the terminology in the consent
form. Which response should the nurse make?
1. “Just sign the form, and I’ll make sure your physician talks to you before he begins the procedure.”
2. “I’ll explain whatever you don’t understand.”
3. “You should have asked your physician when he was in here.”
4. “I’ll call your physician back in the room to answer your questions.”
Correct Answer: 4
Rationale 1: If the client has questions, he should not sign the form. These questions require the
physician’s attention before the consent is signed.
Rationale 2: If the client has questions, he should not sign the form, and it is not the nurse’s
responsibility to answer the questions.
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Rationale 3: Telling the client what he “should have” done is demeaning and not an appropriate
therapeutic response.
Rationale 4: Obtaining informed consent for specific medical treatment is the responsibility of the
person who is going to perform the procedure, in this case the physician. Informed consent suggests
that the client has been given complete information, including benefits, risks, and alternatives if the
treatment is not given. An element of informed consent is that the client must be given enough
information to be the ultimate decision maker. If not, it is the physician’s responsibility to make sure
the client’s understanding is clear. It is important that the person obtaining the consent (the physician
in this case) answer the client’s questions.
Cognitive Level: Applying
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 4. Describe the purpose and essential elements of informed consent.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 54
Question 11
Type: MCSA
The client presents her hand when the nurse makes this statement: “I need to start an IV so you can
get your antibiotics.” Which behavior did the client demonstrate?
1. Informed consent
2. Express consent
3. Implied consent
4. Compliance
Correct Answer: 3
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Rationale 1: Informed consent is an agreement by a client to accept a course of treatment or a
procedure after being provided complete information, including the benefits and risks of
treatment, and generally requires the client’s signature (written consent)
Rationale 2: Express consent may be either an oral or written agreement. In this case, there were
neither spoken words nor a written consent form for the IV initiation.
Rationale 3: Implied consent exists when the individual’s nonverbal behavior indicates agreement. In
this case, presenting the hand for IV initiation would be a nonverbal behavior indicating agreement
with the treatment.
Rationale 4: Compliance occurs when clients agree to follow the recommended treatment, usually by
their own actions as in taking prescribed medications or following a prescribed diet.
Cognitive Level: Analyzing
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 4. Describe the purpose and essential elements of informed consent.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 54
Question 12
Type: MCSA
An adult client who cannot read needs surgery and is competent to make his own decisions. What is
the best action that the nurse should take?
1. Tell the client in the nurse’s own words what the surgical procedure involves.
2. Read the consent form to the client and have the client state understanding.
3. Make sure the physician explains the procedure to the client.
4. Have a family member who can read sign the consent form.
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Correct Answer: 2
Rationale 1: Telling the client in words other than what is on the consent form is not appropriate, as
some meaning and information may be lost in the transfer.
Rationale 2: If a client cannot read, the consent form must be read to the client and the client must
state understanding before the form is signed.
Rationale 3: The physician should explain the procedure to the client, regardless of the client’s
literacy.
Rationale 4: Because the client is a competent adult, he must be the one giving consent. Illiteracy
does not make one incompetent.
Cognitive Level: Applying
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 4. Describe the purpose and essential elements of informed consent.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 55
Question 13
Type: MCSA
An older adult fell at home and fractured a hip, which requires surgical repair. After admittance to the
emergency department, the client was given sedation for pain before a surgical permit was signed.
What should be done to obtain consent?
1. The physician should have the client’s wife sign the consent form.
2. The physician should wait until the effects of the medication wear off and have the client sign the
form.
3. Because the client has been medicated, the nurse should thoroughly explain the consent form to
the client.
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4. This would be considered an emergency situation and consent would be implied.
Correct Answer: 1
Rationale 1: A client who is confused, disoriented, or sedated is not considered functionally
competent and a legal guardian or representative can provide or refuse consent for the client. In this
case, because the client was given medication that sedated him, the wife would be appropriate for
giving consent for the surgical procedure.
Rationale 2: Waiting until the effects of the medication wear off would not be in the best interest of
the client.
Rationale 3: Thorough explanation may or may not matter in this case because the client is
considered functionally incompetent. Besides, it is the physician’s responsibility to obtain informed
consent.
Rationale 4: Implied consent may be used in a medical emergency, but in this case, there is an
appropriate option available.
.
Cognitive Level: Applying
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 4. Describe the purpose and essential elements of informed consent.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 55
Question 14
Type: MCSA
A client is brought to the emergency department after being involved in a motor vehicle crash.
Although the client is conscious, her condition is critical and will require emergency surgery. The
client does not speak English. Which action should the nurse take?
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1. Read the consent form and have the client sign it anyway.
2. Explain the form to the best of the nurse’s ability using pictures and gestures.
3. Have the hospital interpreter explain the procedure.
4. Proceed with surgery, as implied consent would be the case in this situation.
Correct Answer: 3
Rationale 1: Reading the consent form to someone who doesn’t understand the words is pointless.
Rationale 2: There is a better option available than using pictures and gestures in the hope of
explaining the procedure.
Rationale 3: If the client does not speak the same language as the health professional who is
providing the information, an interpreter must be present.
Rationale 4: Implied consent indicates that the person understands what will be done.
Cognitive Level: Applying
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 4. Describe the purpose and essential elements of informed consent.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 55
Question 15
Type: MCSA
The nurse manager learns that vital signs delegated to unlicensed assistive personnel (UAP) were
not recorded accurately. With which care provider should the manager discuss this finding?
1. The UAP
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2. The nurse
3. Both the UAP and the nurse
4. The team leader
Correct Answer: 2
Rationale 1: Although taking vital signs was an appropriate task to delegate to the UAP, the
responsibility of the action—in this case, the inaction, as the vitals were recorded inaccurately—is
not fully assumed by the UAP.
Rationale 2: Although taking vital signs was an appropriate task to delegate to the UAP, the
responsibility of the action—in this case, the inaction, as the vitals were recorded inaccurately—
remains with the nurse.
Rationale 3: Although taking vital signs was an appropriate task to delegate to the UAP, the full
responsibility of the action—in this case, the inaction, as the vitals were recorded inaccurately—is
not shared by both the UAP and the nurse.
Rationale 4: Delegating this task was not the responsibility of the team leader and thus he or
she has no responsibility for this action.
Cognitive Level: Applying
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 7. Recognize the nurse’s legal responsibilities with selected aspects of nursing
practice.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 57
Question 16
Type: MCSA
TestBankWorld.org
A nurse is caring for a client in the emergency department (ED) who was brought in by her adult
child for vague, flu-like symptoms. While helping the client to change into a gown, the nurse notices
numerous bruises on the client’s back and arms. When questioned, the client
is distracted and ambiguous with her answers. Which action should the nurse take?
1. Report the situation to law enforcement.
2. Report the situation to social services.
3. Question the adult child who brought the client to the ED.
4. File a written report in the client’s chart.
Correct Answer: 2
Rationale 1: In this case, social services should be notified. Law enforcement would be notified if the
results of social services’ investigation warrant it.
Rationale 2: Nurses are considered mandated reporters. As a result, they must report any situation
when an injury is present and appears to be the result of abuse, neglect, or exploitation. The
situation described may or may not be one of abuse or neglect, but the nurse is required to report it
to the proper authorities. In this case, social services should be notified.
Rationale 3: Questioning the client’s adult child is appropriate, but the incident needs to be reported
regardless of the questioning.
Rationale 4: Documentation in the chart is extremely important, but this would be part of the nurse’s
notes, not a separate written report.
Cognitive Level: Applying
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 7. Recognize the nurse’s legal responsibilities with selected aspects of nursing
practice.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
TestBankWorld.org
Page Number: 57
Question 17
Type: MCSA
A nurse who has been a longtime employee of a hospital, providing bedside care to clients, was
seriously injured and is paralyzed from the shoulders down, with limited use of the upper arms.
Through rehabilitation, the nurse is able to mobilize with a wheelchair and has no cognitive or
psychological deficits. The nurse wants to return to the same position held prior to the injury. Under
the guidelines of the ADA, what should the hospital do?
1. The hospital is required to accommodate the nurse.
2. The hospital must find another job for the nurse.
3. The hospital should claim undue hardship to accommodate this nurse.
4. The hospital terminate the nurse’s employment.
Correct Answer: 3
Rationale 1: The act’s provisions state that the disabled must be able to perform the responsibilities
of the job with reasonable accommodations. With limited use of the upper arms, this nurse would not
be able to perform the tasks required of a nurse working at the bedside.
Rationale 2: With limited use of the upper arms, this nurse would not be able to perform the tasks
required of a nurse working at the bedside. However, the hospital could help find another position
that utilizes the nurse’s experience and desire to continue in the field of nursing, but this would have
to be a collaborative effort with the nurse and a reasonable request regarding the hospital’s needs
and resources.
Rationale 3: According to the ADA, it is the employer’s responsibility to provide reasonable
accommodations that would allow the person with a disability to perform the job satisfactorily. With
limited use of the upper arms, this nurse would not be able to perform the tasks required of a nurse
working at the bedside.
Rationale 4: Terminating employment may or may not occur, but not until all other options have been
explored.
Cognitive Level: Applying
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
TestBankWorld.org
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 5. Describe the purpose of the Americans with Disabilities Act.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 57
Question 18
Type: MCSA
A nurse on the unit notices that a co-worker exhibits a pattern of behavior suggestive of drug
abuse. What should the nurse do?
1. Report the situation to the unit charge nurse.
2. Send an anonymous letter to the director of nursing.
3. Let other co-workers know about the situation.
4. Report the situation, then let management take care of it.
Correct Answer: 1
Rationale 1: As a mandatory reporter, the nurse is required to report situations where co-workers are
suspected of impairment, which includes alcohol/drug abuse as well as mental illness. The nurse
should report the matter starting at the lowest possible level in the agency hierarchy. In this case, the
charge nurse would be appropriate.
Rationale 2: The nurse should take responsibility for the report by being open about it, not making an
anonymous report to the higher level of management.
Rationale 3: The nurse should obtain support from at least one other trustworthy person before filing
the report. This doesn’t mean telling the whole unit, which could be detrimental to both the nurse
reporting the incident and the co-worker.
Rationale 4: After the report is made, the nurse should see the problem through, not assume that
management will take care of the situation.
Cognitive Level: Applying
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
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AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 6. Discuss the impaired nurse and available diversion or peer assistance
programs.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 58
Question 19
Type: MCSA
A nurse’s co-worker makes a practice of telling offensive jokes or stories with a sexual undertone
during the shift. Which action should the nurse take first?
1. Ignore the co-worker and walk away.
2. Report the incident to the nurse manager.
3. Tell the co-worker to stop the activity because the conduct is offensive.
4. Ask to be scheduled opposite this co-worker.
Correct Answer: 3
Rationale 1: Ignoring the situation is not addressing the situation in an assertive manner.
Rationale 2: Reporting the incident to the nurse manager would be an appropriate second step if the
behavior doesn’t stop after the nurse’s approach.
Rationale 3: Nurses must develop skills of assertiveness to deter sexual harassment in the
workplace. Telling the co-worker to stop, and why, is the first step in putting an end to the situation.
Rationale 4: Asking to be scheduled opposite this person is not addressing the situation in an
assertive manner.
Cognitive Level: Applying
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
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AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including
HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 7. Recognize the nurse’s legal responsibilities with selected aspects of nursing
practice.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 58
Question 20
Type: MCSA
A nurse who is opposed to abortion works in a hospital where abortions are performed. According to
the Supreme Court’s conscience clause, which action should the nurse take?
1. The nurse should not take action, because the nurse cannot interfere with a woman’s
constitutional right to privacy.
2. The nurse should voluntarily terminate employment.
3. The nurse should counsel women before they have an abortion.
4. The nurse should refuse to participate in abortions.
Correct Answer: 4
Rationale 1: The nurse cannot interfere with a woman’s right to privacy, which includes control over
her own body to the extent that she can abort her fetus.
Rationale 2: The conscience clause states that nurses, as well as other health care personnel, have
a right to refuse to participate in abortions.
Rationale 3: Counseling a woman prior to an abortion would not be an appropriate
action because the nurse has chosen to work in a hospital where these procedures are done.
Rationale 4: In Roe v. Wade and Doe v. Bolton, the Supreme Court upheld that a woman’s right to
privacy includes control over her own body to the extent that she can abort her fetus. Although the
nurse cannot interfere with this, the conscience clause states that nurses, as well as other health
care personnel, have a right to refuse to participate in abortions and hospitals have the right to deny
admission to abortion clients.
.
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Cognitive Level: Applying
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 7. Recognize the nurse’s legal responsibilities with selected aspects of nursing
practice.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 59
Question 21
Type: MCSA
A client woke in the middle of the night, confused and unaware of the surroundings. Although the call
light was within reach, the client got out of bed unassisted, tripped on the bedside chair, and fell.
Which element of malpractice should the client’s attorney realize is missing in this case?
1. Foreseeability
2. Damages
3. Injury
4. Duty
Correct Answer: 1
Rationale 1: Foreseeability is the link between the nurse’s act and the injury suffered. The call light
was within reach, but the client did not use it and got out of bed unassisted. Nighttime confusion
occurs with some clients, but unless the nurse had knowledge or awareness that this would happen,
there was no link between the nurse’s action and the client’s fall.
Rationale 2: Damages may well be present, but these probably are not due to any action or inaction
on the nurse’s part.
Rationale 3: Injury may well be present, but this probably is not due to any action or inaction on the
nurse’s part.
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Rationale 4: Duty was addressed this case because the call light was within reach.
Cognitive Level: Analyzing
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Evaluation
Learning Outcome: 8. Discriminate between negligence and professional negligence/malpractice.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 65
Question 22
Type: MCSA
A client scheduled for surgery has signed the consent form but refuses to have a Foley catheter
placed, saying “That’s not part of the surgery.” What should the nurse do?
1. Explain that this is part of the surgical prep and continue with the procedure.
2. Explain that the client has already signed the consent, and place the catheter.
3. Respect the client’s wishes and document accordingly.
4. Offer to call the physician.
Correct Answer: 3
Rationale 1: Battery exists when there is not consent, even if the client was not asked. In this case,
the client has the right to refuse other treatment surrounding pre- and post-op care.
Rationale 2: Battery exists when there is not consent, even if the client was not asked. In this case,
the client has the right to refuse other treatment surrounding pre- and post-op care.
Rationale 3: Consent is required before procedures are performed. Depending on the invasiveness
of the procedure, a written consent may be required. The client signed a consent form for surgery,
and the refusal for placement of a catheter should be respected. The nurse should document the
incident and not continue with the procedure.
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Rationale 4: Calling the physician is not inappropriate.
Cognitive Level: Applying
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 4. Describe the purpose and essential elements of informed consent.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 54
Question 23
Type: MCSA
The nurse documents in a client’s medical record: “The client is a drug addict and is always asking
for more medication than what is necessary.” With what might the nurse be charged?
1. Defamation
2. Slander
3. Libel
4. Incompetence
Correct Answer: 3
Rationale 1: Defamation is verbal communication that is false or made with a careless disregard for
the truth and that results in injury to the reputation of a person.
Rationale 2: Slander is defamation by the spoken word.
Rationale 3: Libel is defamation of character by means of print, writing, or pictures. Putting a
statement such as this in the client’s medical record is, first, making a diagnosis, which the nurse is
not qualified to do, and, second, making an assumption about the client’s need for medication, which
is a personal attitude about how the client responds.
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Rationale 4: Incompetence relates to the ineffective or improper execution of nursing tasks.
Cognitive Level: Analyzing
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Evaluation
Learning Outcome: 8. Discriminate between negligence and professional negligence/malpractice.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 64
Question 24
Type: MCSA
The nurse is reviewing the Good Samaritan acts. For which situation should the nurse realize
that these laws apply?
1. Giving CPR to a client brought to the emergency department, when the client later is found to
have a “Do Not Resuscitate” order
2. Giving first aid to a child injured in a sporting event
3. Permitting a nursing student to try to insert an airway in an unconscious client
4. Leaving the scene of an emergency to call for help
5. Helping deliver the baby of a neighbor during a snowstorm
Correct Answer: 5
Rationale 1: The Good Samaritan acts are laws designed to protect health care providers against
claims of malpractice in cases of emergency, unless it can be shown that there was a gross
departure from the normal standard of care. Giving CPR would be considered a level of care
provided by any other reasonable person under similar circumstances. The fact that the client had a
DNR order was not apparent at the time of care rendered by the nurse. A nursing student trying to
insert an airway is not appropriate, as it would be above the level of care a student is able to do. A
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nurse should not leave the scene of an emergency until another qualified person takes over. The
nurse should have someone else call or go for additional help.
Rationale 2: The Good Samaritan acts are laws designed to protect health care providers against
claims of malpractice in cases of emergency, unless it can be shown that there was a gross
departure from the normal standard of care. Giving CPR would be considered a level of care
provided by any other reasonable person under similar circumstances. The fact that the client had a
DNR order was not apparent at the time of care rendered by the nurse. A nursing student trying to
insert an airway is not appropriate, as it would be above the level of care a student is able to do. A
nurse should not leave the scene of an emergency until another qualified person takes over. The
nurse should have someone else call or go for additional help.
Rationale 3: The Good Samaritan acts are laws designed to protect health care providers against
claims of malpractice in cases of emergency, unless it can be shown that there was a gross
departure from the normal standard of care. Giving CPR would be considered a level of care
provided by any other reasonable person under similar circumstances. The fact that the client had a
DNR order was not apparent at the time of care rendered by the nurse. A nursing student trying to
insert an airway is not appropriate, as it would be above the level of care a student is able to do. A
nurse should not leave the scene of an emergency until another qualified person takes over. The
nurse should have someone else call or go for additional help.
Rationale 4: The Good Samaritan acts are laws designed to protect health care providers against
claims of malpractice in cases of emergency, unless it can be shown that there was a gross
departure from the normal standard of care. Giving CPR would be considered a level of care
provided by any other reasonable person under similar circumstances. The fact that the client had a
DNR order was not apparent at the time of care rendered by the nurse. A nursing student trying to
insert an airway is not appropriate, as it would be above the level of care a student is able to do. A
nurse should not leave the scene of an emergency until another qualified person takes over. The
nurse should have someone else call or go for additional help.
Rationale 5: The Good Samaritan acts are laws designed to protect health care providers against
claims of malpractice in cases of emergency, unless it can be shown that there was a gross
departure from the normal standard of care. Giving CPR would be considered a level of care
provided by any other reasonable person under similar circumstances. The fact that the client had a
DNR order was not apparent at the time of care rendered by the nurse. A nursing student trying to
insert an airway is not appropriate, as it would be above the level of care a student is able to do. A
nurse should not leave the scene of an emergency until another qualified person takes over. The
nurse should have someone else call or go for additional help.
Cognitive Level: Analyzing
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
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Nursing/Integrated Concepts: Nursing Process: Evaluation
Learning Outcome: 12. Describe the laws and strategies that protect the nurse from litigation.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 67
Question 25
Type: MCMA
When providing client care the nurse demonstrates practices that are designed to provide legal
protections from liability. Which actions is the nurse demonstrating?
Standard Text: Select all that apply.
1. Checking the client’s name band prior to the administration of a preoperative medication
2. Asking for help when moving a comatose client because the client can not be safely handled by
one nurse
3. Attending an in-service on the appropriate use of a new piece of equipment used in the facility
4. Delegating only those tasks that he or she can’t personally perform
5. Reviewing the five rights of medication administration when the client states, “This doesn’t look
like my usual pill”
Correct Answer: 1, 2, 3, 5
Rationale 1: Legal protection for nurses is best assured by always checking the identity of the client
to make sure it is the right client.
Rationale 2: Legal protection for nurses is best assured by asking for assistance and/or supervision
in situations in which the nurse feels inadequately prepared.
Rationale 3: Legal protection for nurses is best assured by maintaining clinical competence.
Rationale 4: Delegation is a nursing responsibility that is designed to help provide quality and timely
nursing care, but that is not its sole focus.
Rationale 5: Legal protection for nurses is best assured by checking any order that a client
questions.
Cognitive Level: Applying
Client Need: Safe and Effective Care Environment
Client Need Sub: Management of Care
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QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 12. Describe the laws and strategies that protect the nurse from litigation.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 68
Question 26
Type: MCMA
The clinical nursing instructor determines that a nursing student understands the legal
responsibilities to clients when providing care. What did the instructor observe to come to this
conclusion?
Standard Text: Select all that apply.
1. Prepared to discuss the client’s medical diagnosis in pre-conference
2. Overheard stating, “My care is held to the same standards as that of the unit nurses”
3. Offers to stay with the client who is about to experience a painful diagnostic procedure
4. Addresses the staff and clients respectfully and by their full names
5. Asks for help with a dressing change involving techniques he or she has not yet performed alone
Correct Answer: 1, 2, 5
Rationale 1: Nursing students are held to the same standards as licensed nurses, and therefore
need to make sure that they are prepared to provide the necessary care to assigned clients.
Rationale 2: Nursing students are held to the same standards as licenses nursed, and therefore
need to make sure that they are prepared to provide the necessary care to assigned clients.
Rationale 3: Although offering to stay with a client during a painful procedure shows compassion, it
is not a behavior representative of legal responsibility.
Rationale 4: Although showing respect for staff and clients demonstrates professionalism, it is not a
behavior that is representative of legal responsibility.
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Rationale 5: It is important that nursing students ask for help or supervision in situations for which
they feel inadequately prepared.
Cognitive Level: Analyzing
Client Need: Safe and Effective Care Environment
Client Need Sub: Management of Care
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Evaluation
Learning Outcome: 13. Discuss the legal responsibilities of nursing students.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 70
[New Questions: ]
Question 27
Type: MCMA
While working a scheduled shift the nurse focuses on actions to protect the privacy of a client with
local notoriety. What actions should the nurse take at this time?
Standard Text: Select all that apply.
1. Secure the client’s medical record.
2. Review the client’s care with the media.
3. Remove the client’s name from the door.
4. Permit family to view the client’s record.
5. Fax the client’s lab values with a cover sheet.
Correct Answer: 1, 3, 5
Rationale 1: Actions to ensure the client’s privacy include securing the medical record.
Rationale 2: Sharing the client’s care with the media violates the client’s privacy.
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Rationale 3: Actions to ensure the client’s privacy include removing the client’s name from the door.
Rationale 4: Permitting family to view the client’s record violates the client’s privacy.
Rationale 5: Actions to ensure the client’s privacy include faxing information with a cover sheet.
Cognitive Level: Applying
Client Need: Safe and Effective Care Environment
Client Need Sub: Management of Care
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 11. Describe the four specific areas of the Health Insurance Portability and
Accountability Act and their impact on nursing practice.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 66
Question 28
Type: MCMA
The nurse manager is concerned that a staff nurse’s care demonstrates gross negligence. What
actions did the manager use to make this determination?
Standard Text: Select all that apply.
1. Removed a client’s central line
2. Reconnected contaminated intravenous tubing to a client
3. Accessed the computerized documentation system with a password
4. Walked a client with a blood pressure of 70/58 mm Hg to the bathroom
5. Delegated nasotracheal suctioning for a client to unlicensed assistive personnel
Correct Answer: 1, 2, 4, 5
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Rationale 1: Gross negligence involves extreme lack of knowledge, skill, or decision making that the
person clearly should have known would put others at risk for harm. Removing a client’s central line
would be gross negligence.
Rationale 2: Gross negligence involves extreme lack of knowledge, skill, or decision making that the
person clearly should have known would put others at risk for harm. Reconnecting contaminated
intravenous tubing would be gross negligence.
Rationale 3: Accessing the computer documentation system with a password demonstrates
compliance with HIPAA.
Rationale 4: Gross negligence involves extreme lack of knowledge, skill, or decision making that the
person clearly should have known would put others at risk for harm. Walking a patient with an
unsafe blood pressure is gross negligence.
Rationale 5: Gross negligence involves extreme lack of knowledge, skill, or decision making that the
person clearly should have known would put others at risk for harm. Inappropriately delegating a skill
is gross negligence.
Cognitive Level: Analyzing
Client Need: Safe and Effective Care Environment
Client Need Sub: Safety and Infection Control
QSEN Competencies: I.A. 7. Explore ethical and legal implications of patient-centered care
AACN Essentials Competencies: VIII. 12. Act to prevent unsafe, illegal or unethical care practices
NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal
and regulatory requirements, including HIPAA, for faculty, students, patients, and families
Nursing/Integrated Concepts: Nursing Process: Evaluation
Learning Outcome: 9. Delineate the elements of professional negligence.
MNL Learning Outcome: 1.1.2. Examine the impact the legal aspects of nursing have on practice.
Page Number: 62
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