Podcast
Questions and Answers
What is the primary purpose of the Nurse Practice Act in each state?
What is the primary purpose of the Nurse Practice Act in each state?
- To provide a guideline for nurse salary determination
- To regulate medical practice for physicians
- To define the legal scope of nursing practice (correct)
- To set educational requirements for all healthcare professionals
A nurse fails to raise a patient's bedrails, resulting in a fall. With what can the nurse legally be charged?
A nurse fails to raise a patient's bedrails, resulting in a fall. With what can the nurse legally be charged?
- Malpractice (correct)
- Defamation
- Assault
- Battery
If a patient refuses medication but the nurse administers it anyway, what legal violation occurs?
If a patient refuses medication but the nurse administers it anyway, what legal violation occurs?
- False imprisonment
- Assault
- Battery (correct)
- Negligence
Which legal principle dictates that nurses must understand and adhere to state, federal, and institutional regulations?
Which legal principle dictates that nurses must understand and adhere to state, federal, and institutional regulations?
Documenting patient care before it is given violates which documentation principle?
Documenting patient care before it is given violates which documentation principle?
What action constitutes false imprisonment?
What action constitutes false imprisonment?
A nurse shares a patient's medical condition on social media without permission. This violates which legal principle?
A nurse shares a patient's medical condition on social media without permission. This violates which legal principle?
What documentation factor is considered to be the most crucial in defending a nurse against malpractice claims?
What documentation factor is considered to be the most crucial in defending a nurse against malpractice claims?
Which of the following are examples of unintentional torts? (Select all that apply.)
Which of the following are examples of unintentional torts? (Select all that apply.)
A nurse is being sued for malpractice. Which elements must be proven in court for the nurse to be found liable? (Select all that apply.)
A nurse is being sued for malpractice. Which elements must be proven in court for the nurse to be found liable? (Select all that apply.)
Which strategies can prevent malpractice? (Select all that apply.)
Which strategies can prevent malpractice? (Select all that apply.)
What nurse actions could lead to malpractice allegations? (Select all that apply.)
What nurse actions could lead to malpractice allegations? (Select all that apply.)
A nurse believes a physician prescribed too high a dose. What should the nurse do first?
A nurse believes a physician prescribed too high a dose. What should the nurse do first?
A confused patient wants to leave. The nurse locks the door. What legal issue is most relevant?
A confused patient wants to leave. The nurse locks the door. What legal issue is most relevant?
A nurse is floated to a unit they are unfamiliar with. What is the best course of action?
A nurse is floated to a unit they are unfamiliar with. What is the best course of action?
A nurse overhears discussion about a patient's HIV status in the cafeteria. What legal violation is this?
A nurse overhears discussion about a patient's HIV status in the cafeteria. What legal violation is this?
A nurse gives a sedative to a patient without their consent. This is an example of which legal issue?
A nurse gives a sedative to a patient without their consent. This is an example of which legal issue?
A nurse documents a patient’s pain as 'severe' but does not provide any pain relief interventions. What legal issue is this?
A nurse documents a patient’s pain as 'severe' but does not provide any pain relief interventions. What legal issue is this?
A nurse is accused of malpractice; what must be proven for a lawsuit to be successful?
A nurse is accused of malpractice; what must be proven for a lawsuit to be successful?
A patient demands to leave the hospital against medical advice. What is the best action by the nurse?
A patient demands to leave the hospital against medical advice. What is the best action by the nurse?
What is the best way for a nurse to avoid malpractice claims?
What is the best way for a nurse to avoid malpractice claims?
A nurse falsifies documentation about administering a medication they forgot to give. What legal consequence can they face?
A nurse falsifies documentation about administering a medication they forgot to give. What legal consequence can they face?
A nurse is called to testify in a malpractice case. Which legal document will guide the nurse’s testimony?
A nurse is called to testify in a malpractice case. Which legal document will guide the nurse’s testimony?
What are key elements of professional malpractice? (Select all that apply.)
What are key elements of professional malpractice? (Select all that apply.)
Which of the following actions help prevent medication errors? (Select all that apply.)
Which of the following actions help prevent medication errors? (Select all that apply.)
Which legal considerations apply when using restraints on a patient? (Select all that apply.)
Which legal considerations apply when using restraints on a patient? (Select all that apply.)
Which nursing actions could lead to a malpractice claim? (Select all that apply.)
Which nursing actions could lead to a malpractice claim? (Select all that apply.)
A nurse delegates a task to unlicensed assistive personnel (UAP). Who is ultimately responsible for the patient’s safety?
A nurse delegates a task to unlicensed assistive personnel (UAP). Who is ultimately responsible for the patient’s safety?
A confused patient refuses a feeding tube, but the nurse inserts it anyway. What legal issue does this represent?
A confused patient refuses a feeding tube, but the nurse inserts it anyway. What legal issue does this represent?
A nurse is caring for a patient who reports severe pain but has no pain medication ordered. What is the best action?
A nurse is caring for a patient who reports severe pain but has no pain medication ordered. What is the best action?
A nurse makes a medication error but reports it immediately. What is the most appropriate next step?
A nurse makes a medication error but reports it immediately. What is the most appropriate next step?
What is the best legal defense against a malpractice lawsuit?
What is the best legal defense against a malpractice lawsuit?
Which situation would require an incident report?
Which situation would require an incident report?
A nurse observes a colleague charting an assessment that was never performed. What is the best action?
A nurse observes a colleague charting an assessment that was never performed. What is the best action?
A nurse calls a patient’s family member and discloses their diagnosis without permission. This is a violation of:
A nurse calls a patient’s family member and discloses their diagnosis without permission. This is a violation of:
Which of the following are considered elements of negligence? (Select all that apply.)
Which of the following are considered elements of negligence? (Select all that apply.)
Which statements about informed consent are correct? (Select all that apply.)
Which statements about informed consent are correct? (Select all that apply.)
Which actions by a nurse could lead to disciplinary action by the State Board of Nursing? (Select all that apply.)
Which actions by a nurse could lead to disciplinary action by the State Board of Nursing? (Select all that apply.)
A nurse is caring for a minor who needs surgery. Who is responsible for obtaining informed consent?
A nurse is caring for a minor who needs surgery. Who is responsible for obtaining informed consent?
A patient refuses a blood transfusion due to religious beliefs. What is the nurse’s best response?
A patient refuses a blood transfusion due to religious beliefs. What is the nurse’s best response?
A nurse administers the wrong dose of insulin, causing the patient to become hypoglycemic. Which legal principle applies?
A nurse administers the wrong dose of insulin, causing the patient to become hypoglycemic. Which legal principle applies?
A nurse arrives at work impaired by alcohol. What is the priority action?
A nurse arrives at work impaired by alcohol. What is the priority action?
A patient is scheduled for surgery but has taken a sedative. The nurse realizes the consent form has not been signed. What is the best action?
A patient is scheduled for surgery but has taken a sedative. The nurse realizes the consent form has not been signed. What is the best action?
A nurse accidentally gives a patient another patient’s medication. What should the nurse do first?
A nurse accidentally gives a patient another patient’s medication. What should the nurse do first?
A patient with a known allergy to penicillin receives the medication due to a pharmacy error and the nurse's failure to check. What legal concept applies to the nurse's action?
A patient with a known allergy to penicillin receives the medication due to a pharmacy error and the nurse's failure to check. What legal concept applies to the nurse's action?
A nurse is asked to administer a medication via a route they are unfamiliar with. What should the nurse do?
A nurse is asked to administer a medication via a route they are unfamiliar with. What should the nurse do?
A patient has signed a consent form for a surgical procedure. Prior to the procedure, the patient expresses doubts and uncertainty. What is the nurse's responsibility?
A patient has signed a consent form for a surgical procedure. Prior to the procedure, the patient expresses doubts and uncertainty. What is the nurse's responsibility?
A nurse provides wound care in a manner not consistent with hospital policy, resulting in a delay in healing. Which legal term BEST applies?
A nurse provides wound care in a manner not consistent with hospital policy, resulting in a delay in healing. Which legal term BEST applies?
During a home visit, a nurse discovers a patient is being neglected by their family. What is the nurse’s MOST appropriate action?
During a home visit, a nurse discovers a patient is being neglected by their family. What is the nurse’s MOST appropriate action?
A nurse delegates the task of ambulating a post-operative patient to an unlicensed assistive personnel (UAP). The patient falls and is injured. What is the legal responsibility of the nurse?
A nurse delegates the task of ambulating a post-operative patient to an unlicensed assistive personnel (UAP). The patient falls and is injured. What is the legal responsibility of the nurse?
A nurse suspects a colleague is diverting narcotics for personal use but has no concrete evidence. What is the MOST appropriate action?
A nurse suspects a colleague is diverting narcotics for personal use but has no concrete evidence. What is the MOST appropriate action?
A patient who is competent refuses a life-saving intervention. What is the nurse's ethical and legal obligation?
A patient who is competent refuses a life-saving intervention. What is the nurse's ethical and legal obligation?
A nurse is served a subpoena to testify in a malpractice case involving a former patient. What is the nurse's MOST appropriate initial action?
A nurse is served a subpoena to testify in a malpractice case involving a former patient. What is the nurse's MOST appropriate initial action?
A new graduate nurse makes a medication error that results in patient harm. Which statement BEST describes the potential legal consequences?
A new graduate nurse makes a medication error that results in patient harm. Which statement BEST describes the potential legal consequences?
Flashcards
Nurse Practice Act Purpose
Nurse Practice Act Purpose
Defines the legal scope of nursing practice to protect the public and ensure safe and competent care.
Malpractice
Malpractice
Professional negligence where a healthcare provider fails to meet the standard of care, resulting in patient harm.
Battery (Legal)
Battery (Legal)
Willful, unauthorized touching of another person, like administering medication without consent.
Standard of Care
Standard of Care
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Timeliness in Documentation
Timeliness in Documentation
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False Imprisonment
False Imprisonment
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Invasion of Privacy (HIPAA)
Invasion of Privacy (HIPAA)
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Documentation Importance
Documentation Importance
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Elements of Malpractice
Elements of Malpractice
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Preventing Malpractice
Preventing Malpractice
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Clarifying Physician Orders
Clarifying Physician Orders
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Practicing within Competency
Practicing within Competency
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HIPAA Violation Example
HIPAA Violation Example
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Ignoring Pain is Negligence
Ignoring Pain is Negligence
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Patient Leaving AMA
Patient Leaving AMA
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Avoiding Malpractice Claims
Avoiding Malpractice Claims
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Falsifying Documentation
Falsifying Documentation
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Key Elements of Malpractice
Key Elements of Malpractice
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Preventing Medication Errors
Preventing Medication Errors
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Legal Restraint Use
Legal Restraint Use
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Examples of Intentional Torts
Examples of Intentional Torts
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Actions Leading to Malpractice
Actions Leading to Malpractice
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Responsibility in Delegation
Responsibility in Delegation
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Feeding Tube Without Consent
Feeding Tube Without Consent
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Nurse's Role in Pain Management
Nurse's Role in Pain Management
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Reporting Medication Errors
Reporting Medication Errors
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Best Legal Malpractice Defense
Best Legal Malpractice Defense
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Incident Report Necessity
Incident Report Necessity
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Reporting Falsified Records
Reporting Falsified Records
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Violation of Patient Confidentiality
Violation of Patient Confidentiality
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Elements of Negligence
Elements of Negligence
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Informed Consent Elements
Informed Consent Elements
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Actions Leading to Discipline
Actions Leading to Discipline
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Obtaining Informed Consent
Obtaining Informed Consent
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Patient Refusal of Treatment
Patient Refusal of Treatment
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Legal Definition of Malpractice
Legal Definition of Malpractice
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Dealing with Impaired Colleagues
Dealing with Impaired Colleagues
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Sedation and Consent
Sedation and Consent
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Medication Error Protocol
Medication Error Protocol
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Study Notes
- The following notes cover key legal issues in nursing practice relevant to the NCLEX exam.
- They address topics like Nurse Practice Acts, malpractice, negligence, patient rights, informed consent, and related legal principles.
Nurse Practice Act
- Defines the legal scope of nursing practice in each state.
- Protects the public by ensuring safe and competent nursing care.
Malpractice
- A form of professional negligence.
- Occurs when a healthcare provider fails to meet the standard of care.
- Results in harm to a patient.
- Requires proof of duty, breach of duty, foreseeability, and harm.
- Complete and accurate documentation provides the best legal defense.
Negligence
- An unintentional tort.
- It is a failure to exercise the care that a reasonably prudent person would exercise in similar circumstances.
- Key elements include duty of care, breach of duty, causation, and harm/injury.
Battery
- Willful, unauthorized touching of another person.
- Includes administering medication without consent.
Assault
- An intentional tort that involves creating a reasonable apprehension of immediate harmful or offensive contact.
False Imprisonment
- Restraining or confining a patient without legal justification.
- Placing a patient in seclusion without a physician’s order exemplifies false imprisonment.
Invasion of Privacy
- Violates a patient's right to privacy and includes the confidentiality of medical records and personal health information.
- Posting about a patient's medical condition on social media without consent constitutes invasion of privacy and violates HIPAA.
- Discussing a patient’s health information in a public area without consent violates privacy laws.
Standard of Care
- Defines what a reasonably prudent nurse would do under similar circumstances.
- Established by professional guidelines and laws.
- Nurses are responsible for knowing and following state and federal laws, as well as institutional policies.
Documentation
- Must be timely and accurately reflect the care provided.
- Should not be documented in advance of providing care.
Preventing Malpractice
- Clarify unclear physician orders.
- Follow the seven rights of medication administration.
- Thoroughly document all care provided.
- Follow standard procedures and clear communication.
- Provide care that meets professional standards.
Actions Leading to Malpractice
- Failing to report a change in a patient’s condition.
- Administering the wrong medication dose.
- Leaving bedrails down for a confused patient.
- Ignoring a patient’s complaint of pain.
Medication Errors
- To prevent, double-check patient identification before administration.
- Clarify unclear orders with the provider.
- Follow the seven rights of medication administration.
Restraints
- Require a physician’s order.
- Used only after other interventions fail.
- Patients must be assessed frequently when restraints are in use.
Delegation
- The nurse remains legally responsible for delegated tasks to unlicensed assistive personnel (UAP).
Patient Rights
- Includes the right to refuse treatment.
- Patients have the right to leave against medical advice (AMA) unless legally detained.
- Explain the risks of leaving AMA, document the patient’s decision, and obtain an AMA form.
Informed Consent
- A patient's agreement to allow a medical procedure or treatment after being fully informed about its risks, benefits, and alternatives
- Patients must be mentally competent to give consent.
- Consent is implied in emergency situations.
- Nurses do not obtain consent, but witness it, ensuring the patient understands the information provided.
Incident Reports
- Required for unexpected events, such as falls.
Reporting Errors
- Report medication errors immediately to ensure patient safety and legal protection.
- The next steps include notifying the physician and following institutional protocol.
- Report unsafe practices of another nurse.
Falsification of Records
- Is fraud.
- Can lead to loss of licensure and legal consequences.
Disciplinary Action
- The State Board of Nursing may take disciplinary action for administering medication without an order, failing to renew a nursing license, and practicing under the influence of drugs or alcohol.
Impaired Nurse
- If a nurse arrives at work impaired by alcohol, report the incident to the supervisor immediately for patient safety.
Key elements of professional malpractice
- Duty
- Breach of duty
- Foreseeability
- Causation
Key elements of negligence
- Duty of care
- Breach of duty
- Causation
- Harm/injury
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Description
Key legal aspects of nursing for the NCLEX exam, covering Nurse Practice Acts, malpractice, and negligence. Understand patient rights, informed consent, and relevant legal principles. Learn how to ensure safe and competent nursing care.
