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A nurse working on an acute care medical surgical unit is aware that his or her first duty is to the patient's health safety and well-being. Given this knowledge which of the following is most necessary for the nurse to report?
- A. Unethical behavior of other staff members.
- B. A worker who arrives late
- C. Favoritism shown by nursing administration
- D. Arguments among the staff
Correct Answer: A
Rationale: A member of the nursing profession must report behavior that does not meet established standards. Unethical behavior involves failing to perform the duties of a competent caring nurse.
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A nurse failed to monitor a patient's respiratory status after medicating the patient with a narcotic analgesic. The patient's respiratory status worsened?. The patient's family claimed the nurse committed malpractice. What must be present for the nurse to be held liable?
- A. A nurse-patient relationship exists.
- B. The nurse failed to perform in a reasonable manner.
- C. There was harm to the patient.
- D. The nurse was prudent in her performance.
- E. The nurse did not cause the patient harm.
- F. Duty does not exist.
Correct Answer: A,B,C
Rationale: For the court to uphold the charge of malpractice, and to find the nurse liable, the following elements must be present: duty exists, there is a breach of duty, and harm must have occurred.
A nurse fails to irrigate a feeding tube as ordered resulting in harm to the patient. This nurse could be found guilty of:
- A. malpractice.
- B. harm to the patient.
- C. negligence.
- D. failure to follow the nurse practice act.
Correct Answer: A
Rationale: The nurse can be held liable for malpractice for acts of omission. Failure to meet a legal duty, thus causing harm to another, is malpractice. The nurse practice act has general guidelines that can support the charge of malpractice.
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.
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.
How can the medical record be used in litigation?
- A. Public record
- B. Proof of adherence to standards
- C. Evidence of omission of care
- D. Documentation of time lapses
- E. Evidence by only the plaintiff
Correct Answer: A,B,C,D
Rationale: The information when used in court becomes a public record. The information can be used as proof of adherence to standards, omission of care, and documentation of time lapses. Both plaintiff and defendant can use the document.