Nursing Practice and Legal Standards Quiz
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Questions and Answers

What is the main difference between negligence and malpractice?

  • Negligence is a less serious offense than malpractice.
  • Negligence requires a breach of duty, while malpractice does not.
  • Negligence refers to the absence of due care, while malpractice refers to professional negligence. (correct)
  • Negligence is a criminal offense, while malpractice is a civil offense.
  • Which of the following is NOT a key element required to establish malpractice liability?

  • Duty
  • The breach of duty was the proximate cause of the harm
  • Harm has occurred (correct)
  • Breach of duty
  • What is the best way for a nurse to avoid being charged with malpractice?

  • Defer all decisions to the patient or their family.
  • Rely on the expertise of the healthcare team.
  • Avoid any involvement in patient care activities.
  • Practice within the rules, regulations, standards of care, and employer's policies. (correct)
  • What is the main reason why today's patients are more likely to seek legal action against nurses?

    <p>The nurse-patient relationship has been identified as a leading factor in whether a patient seeks legal action.</p> Signup and view all the answers

    Which of the following is an example of negligence?

    <p>All of the above.</p> Signup and view all the answers

    What is the legal basis for the nurse-patient relationship?

    <p>The duty to provide professional care</p> Signup and view all the answers

    Which organization regularly evaluates and revises the standards of care for nursing practice?

    <p>American Nurses Association (ANA)</p> Signup and view all the answers

    What defines the obligations of a nurse, including obligatory activities and prohibited actions?

    <p>State regulations</p> Signup and view all the answers

    In legal terms, what is used to compare the actions of a nurse under specific circumstances?

    <p>Comparison with a reasonably prudent nurse</p> Signup and view all the answers

    What is the responsibility of a nurse regarding unfamiliar practices or procedures?

    <p>Seek additional instruction and supervision</p> Signup and view all the answers

    What is the main focus of the Patient Self-Determination Act?

    <p>Establishing patient's rights</p> Signup and view all the answers

    Why is informed consent important in healthcare?

    <p>To allow patients to make informed decisions</p> Signup and view all the answers

    What role does the nurse play in the consent process?

    <p>Witnessing the patient's signature on the consent form</p> Signup and view all the answers

    Under what conditions can a minor under 18 years of age consent for treatment?

    <p>Living apart from parents for at least 60 days</p> Signup and view all the answers

    What is the primary responsibility of health care providers regarding HIPAA?

    <p>Understanding and implementing privacy safeguards</p> Signup and view all the answers

    Which statement best describes the role of legal principles and ethical standards in nursing practice?

    <p>Legal principles set the minimum standard, while ethical principles impose a higher duty.</p> Signup and view all the answers

    What is the primary purpose of nurse practice acts in each state?

    <p>To govern the scope and practice of nursing within that state.</p> Signup and view all the answers

    Which statement best describes the potential consequences of acting outside the established scope of practice or failing to meet the standard of care?

    <p>The nurse may face legal liability and potential loss or sanction of their nursing license.</p> Signup and view all the answers

    Which factor has contributed to patients being more aware of their rights and having higher expectations regarding their care?

    <p>The increasing education levels and health literacy of patients.</p> Signup and view all the answers

    Why is it essential for nurses to have a familiarity with common legal issues in nursing?

    <p>To practice safely and avoid potential legal liability.</p> Signup and view all the answers

    What is the primary purpose of the Child Abuse Prevention Treatment Act?

    <p>To make the reporting of child abuse mandatory for healthcare professionals</p> Signup and view all the answers

    Which of the following is considered a form of child abuse according to the text?

    <p>Withholding medical treatment from an infant born with serious life-threatening handicaps</p> Signup and view all the answers

    What is the potential consequence for a healthcare professional who fails to report suspected cases of child abuse?

    <p>They may face fines or imprisonment</p> Signup and view all the answers

    What type of abuse does the text specifically mention as occurring in the healthcare setting?

    <p>Workplace violence</p> Signup and view all the answers

    Which populations are at an increased risk of spousal and elder abuse?

    <p>Women and older adults</p> Signup and view all the answers

    What is the primary responsibility of a nurse when it comes to abuse in the healthcare setting?

    <p>To know the signs of abuse and the procedures for reporting suspected cases</p> Signup and view all the answers

    What is one way that the law attempts to protect victims of spousal and elder abuse?

    <p>Issuing fines and restraining orders that prohibit contact by the abusing person</p> Signup and view all the answers

    What is the legal responsibility of an institution that receives federal funds when it comes to withholding medical treatment from an infant?

    <p>The institution is legally responsible to investigate the withholding of medical treatment to an infant</p> Signup and view all the answers

    What is the term used in the text to describe the act of withholding lifesaving treatment and care from a person?

    <p>Passive euthanasia</p> Signup and view all the answers

    What is the primary reason why abuse is considered an underreported crime?

    <p>Victims are often too afraid to report the abuse</p> Signup and view all the answers

    Which of the following is NOT considered protected health information (PHI)?

    <p>Patient's name and address</p> Signup and view all the answers

    Which of the following statements about social media use by nurses is correct?

    <p>Violating social media policies can result in disciplinary action, including termination by the employer.</p> Signup and view all the answers

    Which of the following actions is a violation of patient confidentiality?

    <p>Discussing a patient's personal information in the elevator</p> Signup and view all the answers

    What is the primary purpose of medical records laws?

    <p>To govern the collection, maintenance, and disclosure of information in medical records</p> Signup and view all the answers

    Which of the following statements about patient privacy is correct?

    <p>Invasion of privacy involves a person's right to be left alone and remain anonymous if they choose.</p> Signup and view all the answers

    What is the main difference between civil litigation and criminal trials?

    <p>Civil litigation involves legal disputes between individuals, while criminal trials involve the government bringing charges against an individual.</p> Signup and view all the answers

    What is the first step in the civil litigation process described in the text?

    <p>The plaintiff files a complaint with the court.</p> Signup and view all the answers

    What is one reason why nurses are facing increased legal liability?

    <p>Technological advances require more knowledge and competence from nurses.</p> Signup and view all the answers

    Which of the following is NOT mentioned in the text as a common area of litigation against nurses?

    <p>Medication administration</p> Signup and view all the answers

    What initiates the nurse-patient relationship according to the text?

    <p>When the nurse is assigned to care for the patient.</p> Signup and view all the answers

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