Nokea
Which of the following is a component of the nurse practice acts of various states?
- A. Breaches of duty owed by one person to another
- B. Determining the grounds for disciplinary action
- C. Expected action based on moral or legal obligations
- D. Injury due to the failure to act
Correct Answer: B
Rationale: Nurse practice acts define nursing practice and set standards for nurses in each state. Each state has its own nurse practice act, but one of the common components is the grounds for disciplinary action. Tort law is the body of law that governs breaches of duty owed by one person to another. A duty is an expected action that is based on moral or legal obligations. A tort is an injury that occurred because of another person's intentional or unintentional actions or failure to act.
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The nurse is caring for a client who has been intubated and on a mechanical ventilator and has been restrained with soft wrist restraints. The client no longer requires the restraints, so the nurse removes them. What type of ethical decision making does the nurse display?
- A. Fidelity
- B. Autonomy
- C. Beneficence
- D. Nonmaleficence
Correct Answer: C
Rationale: Beneficence is the duty to do good for the clients assigned to the nurse's care. The nurse has a duty to remove wrist restraints whenever possible (removing a harm) and to help the client regain independence (promoting and doing good). Fidelity is the duty to maintain commitments of professional obligations and responsibilities. Autonomy refers to a client's right to self-determination or the freedom to make choices without opposition. Nonmaleficence is the duty to do no harm to the client.
Which type of law concerns offenses that violate the public's welfare?
- A. Statutory law
- B. Common law
- C. Administrative law
- D. Criminal law
Correct Answer: D
Rationale: Criminal law concerns offenses that violate the public's welfare. Statutory law is law that any local, state, or federal legislative body enacts. Common is based on earlier court decisions, judgment, and decrees. Administrative law means that regulatory agencies enforce the rules and regulations that concern health, welfare, and safety of federal and state citizens.
The nurse is concerned about the potential to be sued for a possible act of malpractice. What essential element(s) of malpractice must be present for this to occur? Select all that apply.
- A. Harm to an individual
- B. Duty of a professional toward an individual
- C. Breach of duty by the professional
- D. Poor rapport built with the client
- E. Cause of harm is the breach of duty
Correct Answer: A,B,C,E
Rationale: The essential elements of malpractice must include harm to the individual, duty of a professional toward an individual, breach of duty by the professional, and cause of harm is the breach of duty. Not building a rapport can contribute to a possible malpractice suit but is not an essential element.
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.
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.