Nokea
The nurse is assigned to a group of clients on the medical floor. A client at the hospital has a neighbor visit who asks the nurse what is wrong with the client. The nurse checks the client's electronic medical record (EMR) and proceeds to inform the visitor about the client's diagnosis. What federal guideline has the nurse violated?
- A. HIPAA
- B. Nurse Practice Act
- C. Hospital policy
- D. Agency standards of practice
Correct Answer: A
Rationale: The client has the right to request restrictions and confidential communications concerning protected health information, which is an overview of the major client protections provided by HIPAA. The nurse may also have violated the hospital's policy and/or an agency's standards of practice, depending on their verbiage, and the Nurse Practice Act, but the federal guideline violated is HIPAA.
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The LPN has been fired from their job at the nursing home and reported to the state board of nursing for giving medication to a client without a physician's prescription. The LPN states not being aware that this was a violation of scope of practice. What is the LPN's responsibility regarding knowing how to practice within their scope?
- A. The nurse should call the state board and ask for a list of what LPNs can and cannot do.
- B. The nurse should access their state nurse practice act to determine the set standard for nurses in that state.
- C. The nurse should ask an RN what their scope of practice is.
- D. The nurse should ask another LPN what LPNs can and cannot do.
Correct Answer: B
Rationale: Nurse practice acts define nursing practice and set standards for nurses in each state. These legal statues regulate the practice of nursing to protect the health and safety of citizens. Although each state has its own nurse practice act, they all share common components. The LPN should have accessed this information directly from the board website or asked for a written nurse practice act from the state of practice. The nurse practice act does not designate what specific tasks the nurse can and cannot perform. The LPN should not ask others who may not have the answers.
The nurse is caring for an alert and oriented client in the hospital. The client is unhappy with the care the hospital is giving and states they are leaving the hospital. The nurse brings the client a sedative and tells the client that it is for blood pressure to prevent the client from leaving the facility. What type of intentional tort is this nurse guilty of?
- A. Assault
- B. Battery
- C. False imprisonment
- D. Invasion of privacy
Correct Answer: C
Rationale: False imprisonment occurs when healthcare workers physically or chemically restrain an individual from leaving a healthcare institution. A nurse cannot detain a competent client who wishes to leave a hospital or long-term care facility before being discharged by the physician. The client may sign an against medical advice form that releases the hospital from liability. Assault is an act that involves a threat or attempt to do bodily harm. Battery is actual physical contact with another person without that person's consent. Invasion of privacy means the failure of the right to expect that the clients and their property will be left alone.
The LPN is working in a perioperative setting, and formalin is being used in an unvented room that could result in a health hazard to the other staff as well as clients. The nurse is aware that the Occupational Safety and Health Administration (OSHA) is an agency that will fine the hospital for this type of infraction. What type of law does the LPN understand empowers OSHA to regulate for the health, welfare, and safety of federal and state citizens?
- A. Common law
- B. Civil law
- C. Criminal law
- D. Administrative law
Correct Answer: D
Rationale: Statutory law empowers regulatory agencies to create and carry out the laws. These federal and regulatory agencies practice administrative law, the rules and regulations that concern the health, welfare, and safety of federal and state citizens. For example, OSHA is the federal agency that develops the rules and regulations governing workplace safety. Common law is based on earlier court decisions, judgments, and decrees. Civil law applies to disputes that arise between individual citizens. Criminal law concerns offenses that violate the public's welfare.
The LPN has the responsibility to take the vital signs for a client who had a surgical procedure earlier that day. The blood pressure results were 78/42 mm Hg from a previous 132/74 mm Hg. The LPN documented the results without reporting them to the RN in charge. The client developed shock and died 3 hours later. What type of unintentional tort may the nurse be sued for?
- A. Defamation
- B. Battery
- C. Assault
- D. Malpractice
Correct Answer: D
Rationale: The law defines malpractice as professional negligence. It refers to harm that result from a licensed person's actions or lack of action. A jury must determine if the responsible person's conduct deviated from the standard expected of others with similar education and experience. All other answers are intentional torts.
An LPN is at a community softball game observing the game when a person sitting nearby clutches the chest and falls to the ground. The nurse begins cardiopulmonary resuscitation (CPR), and in the process, one of the person's ribs cracks. The client is taken by rescue squad to the hospital and survives a heart attack. What may protect the nurse from this outcome?
- A. The state board of nursing
- B. Statute of limitations
- C. Good Samaritan law
- D. Assumption of risk
Correct Answer: C
Rationale: Many states have enacted Good Samaritan laws, which provide legal immunity for rescuers who provide first aid to accident victims in an emergency. The law defines an emergency as one occurring outside a hospital, not in an emergency department. Statute of limitations is the designated time in which a person can file a lawsuit. Assumption of risk is if a client is forewarned of a potential safety hazard and chooses to ignore the warning; the court may hold the client responsible. The state board of nursing would not be involved unless the nurse was reported for negligent or care outside of the scope of practice.