Nokea
A lumbar puncture was performed on a patient without a signed informed consent form. This patient might sue for:
- A. punitive damages.
- B. civil battery.
- C. assault.
- D. nothing; no violation has occurred.
Correct Answer: B
Rationale: Civil battery charges can be brought against someone performing an invasive procedure without the patient's informed consent legally documented. This patient could not sue for punitive damages or an assault.
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The nurse caring for a patient in the acute care setting assumes responsibility for a patient's care. What is this legally binding situation?
- A. Nurse-patient relationship
- B. Accountability
- C. Advocacy
- D. Standard of care
Correct Answer: A
Rationale: When the nurse assumes responsibility for a patient's care, the nurse-patient relationship is formed. This is a legally binding 'contract' for which the nurse must take responsibility. Accountability is being responsible for one's own actions. An advocate is one who defends or pleads a cause or issue on behalf of another. Standards of care define acts whose performance is required, permitted, or prohibited.
An LPN/LVN is asked by the RN to administer an IV chemotherapeutic agent to a patient in the acute care setting. What law should this nurse refer to before initiating this intervention?
- A. Standards of care
- B. Regulation of practice
- C. American Nurses' Association Code
- D. Nurse practice act
Correct Answer: D
Rationale: It is the nurse's responsibility to know the nurse practice act in his or her state. Standards of care, regulation of practice, and the American Nurses' code are not laws that the nurse should refer to before initiating this treatment.
The new LPN/LVN is concerned regarding what should or should not be done for patients. What resource will best provide this information?
- A. Nurse practice act
- B. Standards of care
- C. Scope of nursing practice
- D. Professional organizations
Correct Answer: B
Rationale: Standards of care define what should or should not be done for patients. The nurse practice act, scope of nursing practice, and professional organizations do not provide the best information as to what should or should not be done for patients.
When a nurse becomes involved in a legal action the first step to occur is that a document is filed in an appropriate court. What is this document called?
- A. Deposition
- B. Appeal
- C. Complaint
- D. Summons
Correct Answer: C
Rationale: A document called a complaint is filed in an appropriate court as the first step in litigation. A deposition is when witnesses are required to undergo questioning by the attorneys. An appeal is a request for a review of a decision by a higher court. A summons is a court order that notifies the defendant of the legal action.
During a lunch break an emergency department (ED) nurse truthfully tells another nurse about the condition of a patient who came to the ED last night. What is the ED nurse guilty of?
- A. HIPAA violation
- B. Slander
- C. Libel
- D. Invasion of privacy
- E. Defamation
Correct Answer: A,D
Rationale: The disclosure is an invasion of privacy and a violation of HIPAA. Because the information is true and verbal, it cannot be considered slander or libel.