Nursing Torts Flashcards

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Questions and Answers

Which statement best illustrates the nurse fulfilling the client advocate role?

The doctor has asked that you sign this consent form

Do you have any questions about the procedure?

What were you told about the procedure you are going to have? (correct)

Remember that you can change your mind and cancel the procedure.

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?

An unintentional tort

Battery (correct)

Invasion of privacy

Assault

What does liability mean?

Responsibility for something, especially by law. Signup and view all the answers

What is the most appropriate action if a nurse discovers an unusually large dosage of medication prescribed?

Notify the prescriber Signup and view all the answers

What is a settlement?

An official agreement intended to resolve a dispute or conflict. Signup and view all the answers

Is the client likely to be successful in suing the nurse for malpractice after an accidental medication overdose that caused no harm?

No, the client was not harmed Signup and view all the answers

What does negligence refer to?

Failure to take proper care in doing something. Signup and view all the answers

What is the best response by the UAP nurse when asked to perform a urinary catheterization?

I can't do it. Is there something else I can help you with? Signup and view all the answers

What applies in the planning of nursing care for a client with a do-not-resuscitate (DNR) order?

The nurses will continue to implement all treatments focused on comfort and symptom management. Signup and view all the answers

What is the most appropriate practice when a nurse's partner undergoes surgery at the hospital where the nurse works?

Access to the chart requires a signed release form. Signup and view all the answers

Which actions are appropriate for a nurse offering assistance after a motor vehicle crash?

The nurse needs to know the Good Samaritan Act for the state. Signup and view all the answers

Which behaviors could indicate signs of impairment in a colleague?

Is increasingly absent from the nursing unit during the shift. Signup and view all the answers

Which nursing actions could result in malpractice?

Does not follow up on client's complaints. Signup and view all the answers

What is defamation?

A false statement by another person intentionally causing harm. Signup and view all the answers

What is slander?

The action of making a false spoken statement damaging to a person's reputation. Signup and view all the answers

What is libel?

A published false statement that is damaging to a person's reputation. Signup and view all the answers

What does false imprisonment mean?

Being imprisoned without legal authority. Signup and view all the answers

What could the nursing students be charged with after discussing a client's details?

Invasion of Privacy Signup and view all the answers

After inserting a nasogastric tube declined by a client, the nurse may be found guilty of?

Battery Signup and view all the answers

What is the best way for the nurse to obtain informed consent for a client who cannot read?

Read the consent form to the client Signup and view all the answers

An appropriate source to determine standard practice for a medical procedure is?

The nurse practice act Signup and view all the answers

The nurse demonstrates internal standards of practice by?

Reading professional journals Signup and view all the answers

What is one of the goals of the Health Insurance Portability and Accountability Act (HIPAA)?

Invasion of Privacy Signup and view all the answers

What charge may the client bring against a nurse who failed to perform hand hygiene?

Negligence Signup and view all the answers

What element of malpractice is missing if a nurse does not stop to assist at an accident scene?

Duty Signup and view all the answers

What are the purposes of the ADA?

Provide clear, strong, consistent, and enforceable standards that address discrimination against individuals with disabilities. Signup and view all the answers

What is the main purpose of an advance care directive?

Outline a client's wishes about treatment Signup and view all the answers

What is the nurse's legal obligation if a physician orders a contraindicated medication?

Call the physician to question the order Signup and view all the answers

What action by a nursing student may lead to slander?

Slander Signup and view all the answers

Who can the nurse share confidential information with without violating HIPAA?

The client's physician. Signup and view all the answers

Why is defining the nursing scope of practice important?

For public protection Signup and view all the answers

What should the nurse prioritize to reduce the risk of legal action?

Deliver competent care following the nursing process Signup and view all the answers

What does confirming a client's signature on an informed consent mean for the nurse?

The signature on the form came from the client Signup and view all the answers

What torts did the nurse commit by threatening to give a sedative?

Assault, then battery Signup and view all the answers

What should the nursing instructor's best response be to a student regarding nerve damage from an injection?

You are still responsible for your actions, regardless of being a student. Signup and view all the answers

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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Description

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.