Questions and Answers
Which statement best illustrates the nurse fulfilling the client advocate role?
What is a tort?
A wrongful act or an infringement of a right leading to civil legal liability.
The nurse insisted on a procedure even after the client refused. She is most likely to be found guilty of which of the following?
What does liability mean?
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What is the most appropriate action if a nurse discovers an unusually large dosage of medication prescribed?
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What is a settlement?
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Is the client likely to be successful in suing the nurse for malpractice after an accidental medication overdose that caused no harm?
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What does negligence refer to?
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What is the best response by the UAP nurse when asked to perform a urinary catheterization?
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What applies in the planning of nursing care for a client with a do-not-resuscitate (DNR) order?
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What is the most appropriate practice when a nurse's partner undergoes surgery at the hospital where the nurse works?
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Which actions are appropriate for a nurse offering assistance after a motor vehicle crash?
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Which behaviors could indicate signs of impairment in a colleague?
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Which nursing actions could result in malpractice?
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What is defamation?
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What is slander?
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What is libel?
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What does false imprisonment mean?
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What could the nursing students be charged with after discussing a client's details?
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After inserting a nasogastric tube declined by a client, the nurse may be found guilty of?
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What is the best way for the nurse to obtain informed consent for a client who cannot read?
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An appropriate source to determine standard practice for a medical procedure is?
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The nurse demonstrates internal standards of practice by?
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What is one of the goals of the Health Insurance Portability and Accountability Act (HIPAA)?
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What charge may the client bring against a nurse who failed to perform hand hygiene?
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What element of malpractice is missing if a nurse does not stop to assist at an accident scene?
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What are the purposes of the ADA?
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What is the main purpose of an advance care directive?
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What is the nurse's legal obligation if a physician orders a contraindicated medication?
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What action by a nursing student may lead to slander?
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Who can the nurse share confidential information with without violating HIPAA?
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Why is defining the nursing scope of practice important?
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What should the nurse prioritize to reduce the risk of legal action?
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What does confirming a client's signature on an informed consent mean for the nurse?
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What torts did the nurse commit by threatening to give a sedative?
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What should the nursing instructor's best response be to a student regarding nerve damage from an injection?
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Study Notes
Nursing Torts
- Informed Consent: Nurses must ensure clients understand surgical procedures, acting as advocates by confirming the information they received.
- Tort Definition: A wrongful act leading to civil legal liability, significant in maintaining ethical nursing practices.
Types of Tort
- Battery: Involves the unauthorized physical contact, such as performing a procedure against a client's wishes.
- Negligence: Refers to the failure to provide proper care, which can result in harm to the client.
- Defamation: Includes both slander (spoken) and libel (written) statements that harm someone's reputation.
Legal Obligations
- Liability: Nurses are legally responsible for their actions and must act within their scope of practice.
- Standard of Practice: It is essential to adhere to established protocols to avoid malpractice claims.
- Health Insurance Portability and Accountability Act (HIPAA): Protects clients from invasion of privacy and requires confidentiality in all healthcare interactions.
Patient Rights and Nurse Responsibilities
- Do-Not-Resuscitate (DNR) Orders: Nurses should provide appropriate comfort care while adhering to clients' wishes regarding DNR orders.
- Advance Care Directive: A document outlining a client’s wishes about medical treatment, reiterating the importance of client autonomy.
Reporting and Communication
- Notification of Irregularities: Nurses must report medication errors or unusual orders to the prescriber, prioritizing patient safety.
- Consultation with Supervisors: Nurses should communicate and consult with the healthcare team on issues beyond their authority or expertise.
Professional Conduct
- Avoiding Malpractice: Nurses must avoid negligent actions such as failing to complete client assessments or not following up on complaints.
- Clinical Positioning: Students and unlicensed personnel should operate strictly within their training and scope, emphasizing professional boundaries.
Legal Protections
- Good Samaritan Laws: Protect healthcare providers who assist in emergencies from liability unless gross negligence occurs.
- Duty of Care: Nurses are protected from litigation when they fulfill their duty to aid clients.
Identifying Impairment
- Substance Impairment in Colleagues: Key signs include absenteeism and inability to manage controlled substances appropriately.
Documentation and Accountability
- Charting Practices: Maintain accurate documentation to ensure clarity and protect against allegations of malpractice or negligence.
- Client Interaction: Inappropriate sharing of personal client information can result in invasion of privacy claims.
Legal Framework
- Negligence Charges: Clients may file negligence claims if they believe inadequate care led to harm, particularly in cases like hospital-acquired infections.
- Understanding Malpractice: All nursing actions are subject to standards of care that, if not met, could lead to legal consequences.
Situational Responses
- Emergency Situations: A nurse's priority in emergencies is to provide stabilization and assist appropriately, adhering to best practices.
- Informed Consent for Non-Literate Clients: Nurses must read and explain consent forms when clients cannot do so themselves.
Scope of Practice Knowledge
- Nursing Practice Act: Essential for understanding the legal framework governing nursing actions and responsibilities.
- Continued Education: Engaging in professional development is crucial for maintaining clinical competence and standards of practice.
Ethical Considerations
- Communication of Concerns: Nurses must voice concerns about provider incompetence diplomatically to avoid defamation claims.
- Confidentiality in Client Relations: Sharing client information should only be done within the bounds of professional responsibility and legal requirements.
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Test your understanding of nursing torts and the role of the nurse as a client advocate with these flashcards. They cover essential concepts in legal and ethical responsibilities in nursing practice. Perfect for nursing students preparing for exams or practitioners seeking to refresh their knowledge.