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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.
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When asked to perform a procedure that the nurse has never done before what should the nurse do to legally protect himself or herself?
- A. Go ahead and do it.
- B. Refuse to perform it citing lack of knowledge.
- C. Discuss it with the charge nurse asking for direction.
- D. Ask another nurse who has performed the procedure.
Correct Answer: C
Rationale: The nurse cannot use ignorance as an excuse for nonperformance. The nurse should ask for direction from the charge nurse, explaining she has never performed the procedure independently.
What is true about nurse practice acts?
- A. They informally define the scope of nursing practice.
- B. They provide for unlimited scope of nursing practice.
- C. Only some states have adopted a nurse practice act.
- D. The nurse must know the nurse practice act within his or her state.
Correct Answer: D
Rationale: The laws formally defining and limiting the scope of nursing practice are called nurse practice acts. All state, provincial, and territorial legislatures in the United States and Canada have adopted nurse practice acts, although the specifics they contain often vary. It is the nurse's responsibility to know the nurse practice act that is in effect for her geographic region.
A nurse is considering purchasing malpractice insurance. What should the nurse be aware of regarding malpractice insurance provided by the hospital?
- A. Only offers protection while on duty.
- B. Is limited in the amount of coverage.
- C. Is difficult to renew.
- D. Can be terminated at any time.
Correct Answer: A
Rationale: Most institutional insurance only provides liability coverage if the nurse is on duty at that facility.
A health care provider instructs the nurse to bladder train a patient. The nurse clamps the patient's indwelling urinary catheter but forgets to unclamp it. The patient develops a urinary tract infection. What do the nurse's actions exemplify?
- A. Malpractice
- B. Battery
- C. Assault
- D. Neglect of duty
Correct Answer: A
Rationale: A nurse is liable for acts of commission (doing an act) and omission (not doing an act) performed in the course of their professional duty. A charge of malpractice is likely when a duty exists, there is a breach of that duty, and harm has occurred to the patient.
When a nurse protects the information in a patient's record what ethical responsibility is the nurse fulfilling?
- A. Privacy
- B. Disclosure
- C. Confidentiality
- D. Absolute secrecy
Correct Answer: C
Rationale: The nurse has an ethical and legal duty to protect information about a patient and preserve confidentiality. Some disclosures are legal and anticipated, and may not be subject to the rules of confidentiality. None of the information in a chart is considered secret.