Nursing Practice and Legal Standards Quiz

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?

The nurse-patient relationship has been identified as a leading factor in whether a patient seeks legal action. (B) Signup and view all the answers

Which of the following is an example of negligence?

All of the above. (D) Signup and view all the answers

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

The duty to provide professional care (C) Signup and view all the answers

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

American Nurses Association (ANA) (D) Signup and view all the answers

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

State regulations (B) Signup and view all the answers

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

Comparison with a reasonably prudent nurse (D) Signup and view all the answers

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

Seek additional instruction and supervision (D) Signup and view all the answers

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

Establishing patient's rights (C) Signup and view all the answers

Why is informed consent important in healthcare?

To allow patients to make informed decisions (C) Signup and view all the answers

What role does the nurse play in the consent process?

Witnessing the patient's signature on the consent form (A) Signup and view all the answers

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

Living apart from parents for at least 60 days (A) Signup and view all the answers

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

Understanding and implementing privacy safeguards (A) Signup and view all the answers

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

Legal principles set the minimum standard, while ethical principles impose a higher duty. (D) Signup and view all the answers

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

To govern the scope and practice of nursing within that state. (A) 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?

The nurse may face legal liability and potential loss or sanction of their nursing license. (A) 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?

The increasing education levels and health literacy of patients. (D) Signup and view all the answers

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

To practice safely and avoid potential legal liability. (A) Signup and view all the answers

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

To make the reporting of child abuse mandatory for healthcare professionals (C) Signup and view all the answers

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

Withholding medical treatment from an infant born with serious life-threatening handicaps (D) Signup and view all the answers

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

They may face fines or imprisonment (C) Signup and view all the answers

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

Workplace violence (A) Signup and view all the answers

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

Women and older adults (A) Signup and view all the answers

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

To know the signs of abuse and the procedures for reporting suspected cases (C) Signup and view all the answers

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

Issuing fines and restraining orders that prohibit contact by the abusing person (D) 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?

The institution is legally responsible to investigate the withholding of medical treatment to an infant (C) 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?

Passive euthanasia (C) Signup and view all the answers

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

Victims are often too afraid to report the abuse (A) Signup and view all the answers

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

Patient's name and address (D) Signup and view all the answers

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

Violating social media policies can result in disciplinary action, including termination by the employer. (A) Signup and view all the answers

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

Discussing a patient's personal information in the elevator (D) Signup and view all the answers

What is the primary purpose of medical records laws?

To govern the collection, maintenance, and disclosure of information in medical records (B) Signup and view all the answers

Which of the following statements about patient privacy is correct?

Invasion of privacy involves a person's right to be left alone and remain anonymous if they choose. (B) Signup and view all the answers

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

Civil litigation involves legal disputes between individuals, while criminal trials involve the government bringing charges against an individual. (B) Signup and view all the answers

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

The plaintiff files a complaint with the court. (A) Signup and view all the answers

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

Technological advances require more knowledge and competence from nurses. (A) Signup and view all the answers

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

Medication administration (B) Signup and view all the answers

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

When the nurse is assigned to care for the patient. (C) Signup and view all the answers