Nurse Employment Contracts Quiz

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Questions and Answers

What type of contract might a nurse employed directly by a client have with that client?

Oral contract

Written contract (correct)

Implied contract

Verbal contract

Which of the following is NOT considered a legitimate reason for a nurse to fail in fulfilling a contract?

Death

Illness

Personal inconvenience (correct)

Car failure

What is the legal relationship between a nurse employed by a hospital and the hospital called?

Subcontractor relationship

Employer-employee relationship (correct)

Agency-contractor relationship

Client-contractor relationship

Under the legal doctrine of respondeat superior, who can be held responsible for the conduct of the employee?

The employer Signup and view all the answers

Can a nurse be held individually liable for failure to act according to the text?

Yes, under certain circumstances Signup and view all the answers

What type of relationship does a nurse employed by an agency have with the clients?

Implied contract Signup and view all the answers

What type of legal document can a client's medical chart be considered?

Legal document Signup and view all the answers

How can inaccurate documentation by nurses affect a witness's testimony in a lawsuit?

It can hinder the effectiveness of the witness's testimony Signup and view all the answers

What can failure to properly document nursing care lead to?

Negligence and tort liability Signup and view all the answers

What is the purpose of an incident report in a healthcare setting?

To record accidents or unusual occurrences Signup and view all the answers

What are nursing students legally responsible for during their clinical experiences?

Their own actions and acts of negligence Signup and view all the answers

What are the two kinds of legal actions mentioned in the text?

Civil and Criminal actions Signup and view all the answers

What are the top four risk factors that make nurses susceptible to substance use disorders in the workplace, as reported by Darbro and Malliarakis (2012)?

Access, stress, lack of education, attitude Signup and view all the answers

Which document allows clients to specify the medical care they wish to receive if they become unable to communicate their preferences?

Living will Signup and view all the answers

What is the purpose of a health care proxy or surrogate in advance health care directives?

To appoint someone to make health care decisions Signup and view all the answers

Why do clients and families often have difficulty making advance treatment decisions for end-of-life matters?

Emotional distress and uncertainty Signup and view all the answers

What is the purpose of an advance health care directive?

To provide guidance for future care decisions Signup and view all the answers

What distinguishes a living will from a health care proxy in advance health care directives?

A living will provides specific medical instructions Signup and view all the answers

What is the primary legal purpose for defining the scope of nursing practice, licensing requirements, and standards of care?

To protect the public Signup and view all the answers

What is the importance of credentialing in nursing practice?

To ensure accountability and maintain standards of practice Signup and view all the answers

What is a license in the context of nursing practice?

A legal permit granted by a government agency to practice nursing and use a specific title Signup and view all the answers

Why is it advisable for a nurse called to testify in a legal action to seek the advice of an attorney?

To understand the legal implications of their testimony Signup and view all the answers

What does the term 'credentialing' involve in nursing practice?

Maintaining competence and standards of practice in nursing Signup and view all the answers

Which of the following best describes the purpose of regulation in nursing practice?

To protect public safety and welfare Signup and view all the answers

What obligations does a nurse in the role of employee or contractor have?

Obligations to the employer, client, and other personnel Signup and view all the answers

What do rights of citizenship protect clients from?

Protect clients from harm and ensure consideration for their personal property rights Signup and view all the answers

What is the purpose of collective bargaining?

To negotiate wages, working conditions, and fringe benefits Signup and view all the answers

What happens when collective bargaining breaks down?

The employees usually call a strike Signup and view all the answers

What may be considered negligent behavior on the part of a nurse?

Consistently performing in an incompetent manner without taking action to protect the client Signup and view all the answers

What happens through a written agreement in collective bargaining?

Management and employees legally commit to observe the terms and conditions of employment Signup and view all the answers

Study Notes

Contracts and Legal Relationships

A nurse employed directly by a client typically operates under a contract for services, outlining the terms and expectations.
Failure to fulfill a contract is NOT legitimate if it involves malpractice or negligence, as these are within a nurse's professional responsibilities.
The legal relationship between a nurse employed by a hospital and the institution is defined as employer-employee.

Legal Responsibility and Liability

Under the doctrine of respondeat superior, an employer can be held liable for the actions of an employee conducted within the scope of employment.
A nurse can be held individually liable for failing to act according to established standards and protocols.
A nurse employed by an agency has a contractual relationship with the agency and a professional relationship with clients.

Documentation and Legal Implications

A client's medical chart is considered a legal document and may be used in court to reflect care provided.
Inaccurate documentation can undermine a witness's testimony, leading to credibility issues in a lawsuit.
Failure to properly document nursing care can result in legal liability for negligence or malpractice.

Incident Reporting and Student Responsibilities

The purpose of an incident report is to document adverse events, ensuring accountability and improving patient safety.
Nursing students are legally responsible for their actions during clinical experiences, equivalent to licensed nurses in many respects.

Legal Actions and Substance Use Disorder

Legal actions in nursing can encompass civil cases (such as negligence) and criminal cases (involving illegal activities).
Top risk factors for substance use disorders among nurses include stress, mental illness, easy access to medications, and a history of substance abuse (Darbro and Malliarakis, 2012).

Advance Healthcare Directives

An advance healthcare directive allows clients to specify medical care preferences if they become unable to communicate.
A health care proxy acts on behalf of the client in making health care decisions when they cannot do so.
Clients and families struggle with end-of-life decisions due to emotional stress, fear, and uncertainty about the patient's wishes.

Distinctions in Healthcare Directives

A living will outlines specific wishes regarding medical treatment, while a health care proxy designates a person to make those decisions.

Scope of Practice and Credentialing

Defining the scope of nursing practice, licensing requirements, and standards of care serves to ensure public safety and professional accountability.
Credentialing is crucial for ensuring that nurses meet established qualifications and standards for practice.
A nursing license is a governmental authorization allowing an individual to practice nursing within a defined scope.

Legal Testimony and Credentialing Process

It is advisable for a nurse called to testify to seek attorney advice to ensure proper legal representation and guidance.
Credentialing involves verifying a nurse’s qualifications, education, and professional experience.

Regulation and Obligations

The purpose of regulation in nursing practice is to establish minimum standards of care and protect the public.
Nurses have obligations as employees or contractors to uphold professional standards and deliver safe, ethical care.

Citizenship Rights and Collective Bargaining

Rights of citizenship protect clients from discrimination and violation of rights within healthcare settings.
The purpose of collective bargaining is to negotiate employment contracts, benefits, and workplace conditions.
When collective bargaining breaks down, it may lead to strikes or work stoppages.

Professional Negligence and Agreements

Negligent behavior by a nurse can include failure to monitor, inadequate patient education, or improper medication administration.
A written collective bargaining agreement offers a formal arrangement outlining terms and conditions of employment.

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Description

Test your knowledge on the different types of employment contracts for nurses. Understand the distinctions between nurses employed by agencies and those employed directly by clients. Learn about implied and written contracts in the nursing profession.