Chapter 03
Content
TESTBANK Chapter Title: Legal Issues
Chapter #: 3
1. The legal standard of care for a nurse's actions is defined
Topic: Legal
1. minimal competency under the Nurse Practice Act.
2. the ability to distinguish what is right or wrong for the Cognitive Level: Comprehension
Correct answer: 4
patient.
3. the demonstration of satisfactory knowledge of policies Rationale: The nurse is legally obligated to provide
as:
reasonable and prudent care comparable to that which would
and procedures.
4. providing reasonably, prudent care comparable to that of be provided by practitioners facing similar situations
Page Reference: 31
like practitioners.
2. If the nurse refuses to allow an alert, oriented patient to
leave the facility against medical advice, the nurse may be
alleged to have committed which of the following torts?
1. Assault
2. False imprisonment
3. Negligence
4. Battery
3. The failure to meet an ordinary duty or standard of care
resulting in injury is termed:
1. negligence.
2. malpractice.
3. assault.
4. battery.
Topic: Legal
Cognitive Level: Application
Correct answer: 2
Rationale: Refusing to allow an alert and oriented patient to
leave against medical advice may support an allegation of
false imprisonment.
Page Reference: 32-33
Topic: Legal
Cognitive Level: Comprehension
Correct answer: 1
Rationale: The failure to meet an ordinary duty or standard
of care resulting in injury is termed negligence. Malpractice is
a specialized form of negligence.
Page Reference: 33
4. Two nurses talking about a patient's condition in the
cafeteria may lead to allegations of:
1. slander.
2. libel.
3. invasion of privacy.
4. defamation.
5. Malpractice is a specialized form of:
1. injury.
2. negligence.
3. law.
4. damages.
Topic: Legal
Cognitive Level: Application
Correct answer: 3
Rationale: Talking in an unrestricted area that reveals
confidential information without authorization may support
an allegation of invasion of privacy.
Page Reference: 33
Topic: Legal
Cognitive Level: Comprehension
Correct answer: 2
Rationale: Any individual who fails to meet a duty of due
care resulting in injury may be alleged to have committed
negligence. Only professionals commit malpractice.
Page Reference: 34
Copyright © 2003, Elsevier Science (USA). All rights reserved.
2
6. When an employer is held responsible for the injurious acts
of its employee, which of the following theories of liability
has been applied?
1. Personal
2. Vicarious
3. Corporate
4. Strict
7. The most effective method for risk reduction for liability
is:
1. maintaining consistent standards of care.
2. identifying litigious patients.
3. preventing medication errors.
4. following professional standards of care.
8. When the patient signs a consent for an invasive procedure,
his consent is termed:
1. waived.
2. implied.
3. express.
4. general.
Topic: Legal
Cognitive Level: Knowledge
Correct answer: 2
Rationale: Vicarious liability is indirect liability—for
example, the liability of an employer for the acts of an
employee.
Page Reference: 36
Topic: Legal
Cognitive Level: Comprehension
Correct answer: 4
Rationale: The hallmark of risk reduction is knowledge of
the professional standards of care, delivery and
documentation of that care, and a consistent showing that the
standards are met.
Page Reference: 36
Topic: Legal
Cognitive Level: Application
Correct answer: 3
Rationale: When the patient communicates consent in
writing or verbally, consent is termed express.
Page Reference: 38
9. When the patient extends an arm for insertion of an
intravenous catheter, his consent is termed:
1. waived.
2. implied.
3. express.
4. general.
10. Consent requirements are generally waived when:
1. the patient is a minor.
2. an emergency situation exists.
3. the treatment offered is well-understood.
4. an elective procedure is planned.
Topic: Legal
Cognitive Level: Application
Correct answer: 2
Rationale: Implied consent may be implied in fact from an
assumption based on patient behavior.
Page Reference: 38
Topic: Legal
Cognitive Level: Application
Correct answer: 2
Rationale: An emergency situation constitutes an exception
to the general requirement of informed consent prior to
treatment.
Page Reference: 39
11. As a result of legal relationships that form on employment
in critical care, the professional nurse owes the:
Topic: Legal
1. employer a willingness to work overtime whenever
Cognitive Level: Knowledge
needed.
Correct answer: 2
2. patient the provision of reasonable and prudent care.
Rationale: The nurse has a legal obligation to provide
3. physician the ability to carry out all written orders.
4. state membership in a professional nursing organization. reasonable and prudent care in any employment setting as
identified in the ANA Code for Nurses.
Page Reference: 31
Copyright © 2003, Elsevier Science (USA). All rights reserved.
3
12. Restraining an angry, competent patient against his or her
wishes is an intentional tort because the nurse:
1. did not document the patient’s need for restraints in the
nursing notes.
2. failed to get a physician’s order for restraints.
3. purposefully restrained the patient against his or her
wishes.
4. reassured the patient that the restraints were needed to
maintain safety.
13. Actions nurses can take to prevent allegations of
malpractice include:
1. carrying malpractice insurance.
2. clarifying orders with the nursing supervisor.
3. delegating care to nursing assistants.
4. providing care according to standards of practice.
Topic: Legal
Cognitive Level: Analysis
Correct answer: 3
Rationale: Restraining the patient involved a specific act
with purposeful intent. These are the criteria for an intentional
tort.
Page Reference: 32-33
Topic: Legal
Cognitive Level: Comprehension
Correct answer: 4
Rationale: Maintaining standards of practice is the best way
to reduce risk.
Page Reference: 32-33
14. While participating in critical care rounds, the nurse is
interrupted by the wife of a ventilated patient, who informs
the nurse that her husband is experiencing difficulty
breathing. The patient is found disconnected from the
ventilator and unresponsive when the nurse enters the room
following rounds. This is an example of
1. assault.
2. battery.
3. injury.
4. negligence.
15. Following admission to the ICU a patient shares with the
nurse a concern that her adult children will not be able to
reach agreement on what to do if she is no longer able to
make decisions for herself. The nurse informs the patient that
it is possible to grant authority to one person to make
decisions by procuring a:
1. court appointed guardian.
2. do not resuscitate order.
3. durable power of attorney for health care.
4. living will.
16. In which of the following situations did the nurse
disregard the patient’s right to privacy?
1. Informing the physician that the patient was verbalizing
suicidal thoughts.
2. Notifying the health department of a patient’s positive
TB diagnosis.
3. Reporting possible dependent adult abuse to the police.
4. Warning a visitor to wear gloves giving a back rub,
since the patient is HIV positive.
Topic: Legal
Cognitive Level: Synthesis
Correct answer: 4
Rationale: All four elements of negligence are present: duty
and standard of care, breach of duty, causation, and injury.
Page Reference: 34-35
Topic: Legal
Cognitive Level: Application
Correct answer: 3
Rationale: This form of advance directive allows the
individual to grant legal authority to another to make health
care decisions if he or she is no longer competent.
Page Reference: 40
Topic: Legal
Cognitive Level: Analysis
Correct answer: 4
Rationale: Telling the visitor of the patient's HIV status
violated the patient’s right to privacy. The nurse could have
ensured the visitor’s safety by providing gloves and
explaining universal precautions.
Page Reference: 36
17. Malpractice insurance:
1. is a contract between the nurse and the lawyer providing Topic: Legal
counsel.
2. is limited to occurrence based coverage.
3. protects the nurse’s license in the event of a lawsuit.
4. provides protection of personal assets and wages in the
event of a lawsuit.
Cognitive Level: Knowledge
Correct answer: 4
Rationale: Most malpractice policies cover the nurse’s legal
fees, expenses related to litigation, and the final award.
Page Reference: 36-37
Copyright © 2003, Elsevier Science (USA). All rights reserved.
4
18. During transport to the OR for mitral valve replacement,
a patient with a signed consent form says that she doesn’t
Topic: Legal
want to go through with the surgery and asks to be returned to
Cognitive Level: Synthesis
her room. The best response from the nurse is:
Correct answer: 3
1. “The OR is prepared, let’s not keep the surgeon
Rationale: The patient has the right to withdraw consent at
waiting.”
any time. The nurse must listen and then clarify if that is
2. “You have the right to cancel surgery, but it could be
really what the patient desires. If it is, then the surgeon should
weeks before you are rescheduled.”
3. “You sound frightened, tell me what you are thinking.” be notified.
4. “Your pre-op meds will have you feeling more relaxed Page Reference: 39
in a minute, it will be OK.”
19. Which of the following forms of consent applies when a
patient is alone, unconscious, and requires surgery for a lifethreatening condition?
1. Expressed
2. Implied
3. Informed
4. Voluntary
20. Which of the following defines the scope of practice for
nursing?
1. Hospital policies
2. State Nurse Practice Act
3. State Board of Nursing
4. State Department of Health
Topic: Legal
Cognitive Level: Knowledge
Correct answer: 2
Rationale: Consent is implied in the law, which maintains
that someone in need of emergency care for survival would
give consent.
Page Reference: 38
Topic: Nurse Practice Act
Cognitive Level: Knowledge
Correct answer: 2
Rationale: State Nurse Practice Acts establish entry
requirements, definitions of practice, and criteria for
discipline.
Page Reference: 37-38
Copyright © 2003, Elsevier Science (USA). All rights reserved.
Chapter #: 3
1. The legal standard of care for a nurse's actions is defined
Topic: Legal
1. minimal competency under the Nurse Practice Act.
2. the ability to distinguish what is right or wrong for the Cognitive Level: Comprehension
Correct answer: 4
patient.
3. the demonstration of satisfactory knowledge of policies Rationale: The nurse is legally obligated to provide
as:
reasonable and prudent care comparable to that which would
and procedures.
4. providing reasonably, prudent care comparable to that of be provided by practitioners facing similar situations
Page Reference: 31
like practitioners.
2. If the nurse refuses to allow an alert, oriented patient to
leave the facility against medical advice, the nurse may be
alleged to have committed which of the following torts?
1. Assault
2. False imprisonment
3. Negligence
4. Battery
3. The failure to meet an ordinary duty or standard of care
resulting in injury is termed:
1. negligence.
2. malpractice.
3. assault.
4. battery.
Topic: Legal
Cognitive Level: Application
Correct answer: 2
Rationale: Refusing to allow an alert and oriented patient to
leave against medical advice may support an allegation of
false imprisonment.
Page Reference: 32-33
Topic: Legal
Cognitive Level: Comprehension
Correct answer: 1
Rationale: The failure to meet an ordinary duty or standard
of care resulting in injury is termed negligence. Malpractice is
a specialized form of negligence.
Page Reference: 33
4. Two nurses talking about a patient's condition in the
cafeteria may lead to allegations of:
1. slander.
2. libel.
3. invasion of privacy.
4. defamation.
5. Malpractice is a specialized form of:
1. injury.
2. negligence.
3. law.
4. damages.
Topic: Legal
Cognitive Level: Application
Correct answer: 3
Rationale: Talking in an unrestricted area that reveals
confidential information without authorization may support
an allegation of invasion of privacy.
Page Reference: 33
Topic: Legal
Cognitive Level: Comprehension
Correct answer: 2
Rationale: Any individual who fails to meet a duty of due
care resulting in injury may be alleged to have committed
negligence. Only professionals commit malpractice.
Page Reference: 34
Copyright © 2003, Elsevier Science (USA). All rights reserved.
2
6. When an employer is held responsible for the injurious acts
of its employee, which of the following theories of liability
has been applied?
1. Personal
2. Vicarious
3. Corporate
4. Strict
7. The most effective method for risk reduction for liability
is:
1. maintaining consistent standards of care.
2. identifying litigious patients.
3. preventing medication errors.
4. following professional standards of care.
8. When the patient signs a consent for an invasive procedure,
his consent is termed:
1. waived.
2. implied.
3. express.
4. general.
Topic: Legal
Cognitive Level: Knowledge
Correct answer: 2
Rationale: Vicarious liability is indirect liability—for
example, the liability of an employer for the acts of an
employee.
Page Reference: 36
Topic: Legal
Cognitive Level: Comprehension
Correct answer: 4
Rationale: The hallmark of risk reduction is knowledge of
the professional standards of care, delivery and
documentation of that care, and a consistent showing that the
standards are met.
Page Reference: 36
Topic: Legal
Cognitive Level: Application
Correct answer: 3
Rationale: When the patient communicates consent in
writing or verbally, consent is termed express.
Page Reference: 38
9. When the patient extends an arm for insertion of an
intravenous catheter, his consent is termed:
1. waived.
2. implied.
3. express.
4. general.
10. Consent requirements are generally waived when:
1. the patient is a minor.
2. an emergency situation exists.
3. the treatment offered is well-understood.
4. an elective procedure is planned.
Topic: Legal
Cognitive Level: Application
Correct answer: 2
Rationale: Implied consent may be implied in fact from an
assumption based on patient behavior.
Page Reference: 38
Topic: Legal
Cognitive Level: Application
Correct answer: 2
Rationale: An emergency situation constitutes an exception
to the general requirement of informed consent prior to
treatment.
Page Reference: 39
11. As a result of legal relationships that form on employment
in critical care, the professional nurse owes the:
Topic: Legal
1. employer a willingness to work overtime whenever
Cognitive Level: Knowledge
needed.
Correct answer: 2
2. patient the provision of reasonable and prudent care.
Rationale: The nurse has a legal obligation to provide
3. physician the ability to carry out all written orders.
4. state membership in a professional nursing organization. reasonable and prudent care in any employment setting as
identified in the ANA Code for Nurses.
Page Reference: 31
Copyright © 2003, Elsevier Science (USA). All rights reserved.
3
12. Restraining an angry, competent patient against his or her
wishes is an intentional tort because the nurse:
1. did not document the patient’s need for restraints in the
nursing notes.
2. failed to get a physician’s order for restraints.
3. purposefully restrained the patient against his or her
wishes.
4. reassured the patient that the restraints were needed to
maintain safety.
13. Actions nurses can take to prevent allegations of
malpractice include:
1. carrying malpractice insurance.
2. clarifying orders with the nursing supervisor.
3. delegating care to nursing assistants.
4. providing care according to standards of practice.
Topic: Legal
Cognitive Level: Analysis
Correct answer: 3
Rationale: Restraining the patient involved a specific act
with purposeful intent. These are the criteria for an intentional
tort.
Page Reference: 32-33
Topic: Legal
Cognitive Level: Comprehension
Correct answer: 4
Rationale: Maintaining standards of practice is the best way
to reduce risk.
Page Reference: 32-33
14. While participating in critical care rounds, the nurse is
interrupted by the wife of a ventilated patient, who informs
the nurse that her husband is experiencing difficulty
breathing. The patient is found disconnected from the
ventilator and unresponsive when the nurse enters the room
following rounds. This is an example of
1. assault.
2. battery.
3. injury.
4. negligence.
15. Following admission to the ICU a patient shares with the
nurse a concern that her adult children will not be able to
reach agreement on what to do if she is no longer able to
make decisions for herself. The nurse informs the patient that
it is possible to grant authority to one person to make
decisions by procuring a:
1. court appointed guardian.
2. do not resuscitate order.
3. durable power of attorney for health care.
4. living will.
16. In which of the following situations did the nurse
disregard the patient’s right to privacy?
1. Informing the physician that the patient was verbalizing
suicidal thoughts.
2. Notifying the health department of a patient’s positive
TB diagnosis.
3. Reporting possible dependent adult abuse to the police.
4. Warning a visitor to wear gloves giving a back rub,
since the patient is HIV positive.
Topic: Legal
Cognitive Level: Synthesis
Correct answer: 4
Rationale: All four elements of negligence are present: duty
and standard of care, breach of duty, causation, and injury.
Page Reference: 34-35
Topic: Legal
Cognitive Level: Application
Correct answer: 3
Rationale: This form of advance directive allows the
individual to grant legal authority to another to make health
care decisions if he or she is no longer competent.
Page Reference: 40
Topic: Legal
Cognitive Level: Analysis
Correct answer: 4
Rationale: Telling the visitor of the patient's HIV status
violated the patient’s right to privacy. The nurse could have
ensured the visitor’s safety by providing gloves and
explaining universal precautions.
Page Reference: 36
17. Malpractice insurance:
1. is a contract between the nurse and the lawyer providing Topic: Legal
counsel.
2. is limited to occurrence based coverage.
3. protects the nurse’s license in the event of a lawsuit.
4. provides protection of personal assets and wages in the
event of a lawsuit.
Cognitive Level: Knowledge
Correct answer: 4
Rationale: Most malpractice policies cover the nurse’s legal
fees, expenses related to litigation, and the final award.
Page Reference: 36-37
Copyright © 2003, Elsevier Science (USA). All rights reserved.
4
18. During transport to the OR for mitral valve replacement,
a patient with a signed consent form says that she doesn’t
Topic: Legal
want to go through with the surgery and asks to be returned to
Cognitive Level: Synthesis
her room. The best response from the nurse is:
Correct answer: 3
1. “The OR is prepared, let’s not keep the surgeon
Rationale: The patient has the right to withdraw consent at
waiting.”
any time. The nurse must listen and then clarify if that is
2. “You have the right to cancel surgery, but it could be
really what the patient desires. If it is, then the surgeon should
weeks before you are rescheduled.”
3. “You sound frightened, tell me what you are thinking.” be notified.
4. “Your pre-op meds will have you feeling more relaxed Page Reference: 39
in a minute, it will be OK.”
19. Which of the following forms of consent applies when a
patient is alone, unconscious, and requires surgery for a lifethreatening condition?
1. Expressed
2. Implied
3. Informed
4. Voluntary
20. Which of the following defines the scope of practice for
nursing?
1. Hospital policies
2. State Nurse Practice Act
3. State Board of Nursing
4. State Department of Health
Topic: Legal
Cognitive Level: Knowledge
Correct answer: 2
Rationale: Consent is implied in the law, which maintains
that someone in need of emergency care for survival would
give consent.
Page Reference: 38
Topic: Nurse Practice Act
Cognitive Level: Knowledge
Correct answer: 2
Rationale: State Nurse Practice Acts establish entry
requirements, definitions of practice, and criteria for
discipline.
Page Reference: 37-38
Copyright © 2003, Elsevier Science (USA). All rights reserved.
