guido legal and ethical issues in nursing pdf

Guido Legal And Ethical Issues In Nursing Pdf

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[PDF Download] Legal and Ethical Issues in Nursing (6th Edition) (Legal Issues in Nursing (

Ironically, the nurse had been assigned to care for that patient that day. If the patient sues this nurse, which statement is true?

The nurse cannot be held liable for either malpractice or negligence based upon this set of facts. The nurse can be held liable for both negligence and malpractice. The nurse can be held liable for malpractice but not negligence. The nurse can be held liable for negligence but not malpractice. Correct Answer: 4 Rationale 1: The nurse may be held liable for this injury depending upon circumstances. Rationale 2: While the nurse may be held liable for injuries, this liability does not fall under malpractice.

Rationale 3: Malpractice addresses a professional practice standard and professional status of the caregiver. Rationale 4: The nurse may be considered negligent related to driving performance as driving action resulted in harm to an individual. Global Rationale:. Question 2 Type: MCSA Punitive damages of one million dollars were awarded to the family of a patient who died following a nursing medication error. What is true of these punitive damages? These damages are awarded to set an example to other nurses.

This jury identified this case as representing simple negligence. The damages are awarded instead of the nurse serving prison time. Correct Answer: 1 Rationale 1: Punitive damages may be awarded if there is malicious, willful, or wanton misconduct; are usually considerable; and are awarded to deter similar conduct in the future.

Rationale 2: Awarding of punitive damages indicates that the jury absolutely does not think the error was an honest mistake but rather that it was willful in some manner.

Rationale 3: Awarding of punitive damages indicates that the jury absolutely does not think the error was simple negligence but rather that it was willful in some manner. Rationale 4: Punitive damages do not substitute for prison time. Why does the attorney for the plaintiff want to prove proximate cause? The need for expert witnesses is eliminated because harm can be approximated. A direct line of causation, from incident to injury, is proved.

To identify if the harm could have been predicted to result from the action of the defendant Correct Answer: 1 Rationale 1: Proximate cause attempts to determine if the defendant is liable for occurrences that happen after the negligent act took place.

Rationale 2: Even if the cause is determined, expert witnesses may be needed to testify on other aspects of the case, such as practice standards. Rationale 3: The direct line of causation from incident to injury describes the concept of cause-in-fact.

Proximate cause can be difficult to prove because there are often intervening variables. Rationale 4: Foreseeability is the concept that the harm that occurred could have been predicted as a result of the action of the defendant.

My mother is not breathing! Does this nurse have a duty to assist? Yes, the general duty of care exists to help in times of crisis or imminent harm. No, the nurse is out of the normal working environment and should not interfere. No, the nurse has no more duty to assist in this situation than a lay person. Yes, the nurse has the duty to provide the same standard of care as an emergency department nurse.

Correct Answer: 1 Rationale 1: Even if the nurse is not assigned to a particular patient, a general duty of care arises if the patient presents with an emergency or is in need of instant help. Therefore, this nurse has a duty to assist in this situation. Rationale 2: The fact that the nurse is out of the normal working environment does not relieve the general duty of care.

Rationale 3: The nurse is an employee of the hospital; therefore, a general duty of care exists. Rationale 4: This nurse has the duty to provide care at the level of a prudent registered nurse, not as an emergency department nurse. Which test of causation would be most useful in this case? Correct Answer: 3 Rationale 1: Proximal cause determines how far the liability extends. Fact-of is not a test of causation. Rationale 2: The but-for test is used to determine if the act or omission actually caused the injury or harm sustained and is not as related to the percentage of cause.

Rationale 3: Substantial factor is considered the best test to pinpoint liability when several causes occur to bring a given injury. Rationale 4: Fact-of-cause is not a test of causation. What must the plaintiff prove? Note: Credit will be given only if all correct choices and no incorrect choices are selected.

Standard Text: Select all that apply. This complication does not generally occur unless someone provided negligent care. The locality rule was in effect at the time of the procedure. Several agencies, from the manufacturer to the physician, were involved in the negligence. The plaintiff had no control over the development of the perforation. The event causing the perforation was deliberate. Correct Answer: 1,4 Rationale 1: In order to prove the doctrine of res ipsa loquitur, the plaintiff must prove that perforation of the urethra does not occur unless someone was providing negligent care.

Rationale 2: The locality rule is not pertinent to the use of res ipsa loquitur. There is no need to prove that the event was deliberate. Rationale 3: In order for this doctrine to be enacted, the injured party must prove that the accident was caused by an agency or instrumentality within exclusive control of the defendant.

Rationale 4: The instrument that caused the injury must be shown to have been under the management and control of the alleged wrongdoer, not the injured party.

Rationale 5: There is no need to prove that the event was deliberate. Learning Outcome: 6. Question 7 Type: MCSA A nurse has been named as defendant in a lawsuit claiming patient injury from misuse of equipment.

The attorney representing this nurse may choose to use which rule or doctrine? Correct Answer: 2 Rationale 1: Res ipsa loquitur was developed to prevent patients who have been harmed from being further harmed through their inability to show how the injury occurred.

It is not related to continuing education differences between small hospitals and larger hospitals. Rationale 2: The locality rule attempts to set a standard for the professional similar to that of other professionals practicing in the same geographic area of the country.

This rule arose because of wide variations that once existed in patient care, depending on whether the hospital was in an urban or a rural setting. Most states have abolished locality rules. Rationale 3: Foreseeability is the concept that certain events may reasonably be expected to cause specific outcomes. Rationale 4: The tortfeasor is the person committing a civil wrong. Question 8 Type: MCMA The nurse is providing care to a patient whose family has previously brought suit against another hospital and two physicians.

How should the nurse provide care to this patient? Spend as little time as possible interacting with the patient and family so that there will be less chance of saying the wrong thing or performing in an incompetent manner. Provide care in a compassionate, competent manner. Assign the patient to a different nurse each day so that no one nurse has to work under this stress.

Keep the patient well informed by explaining all interventions before and during their completion. Review standards of care that pertain to this patient before providing care. Rationale 2: Giving the same compassionate, competent care that all patients receive is the best strategy in caring for suit-prone patients.

Rationale 3: Assigning a different nurse each day may give rise to suspicions by the patient and also provides less continuity of care. Rationale 4: Keeping patients well informed helps to reassure them and make them less fearful. Rationale 5: The nurse should review any standards of care that apply to this patient or to interventions before providing care.

The nurse should ensure that standards of care are met or exceeded. Question 9 Type: MCMA Which scenarios would the nurse identify as a quasi-intentional tort rather than an intentional tort?

The nurse tells the patient that if he does not starting drinking fluids, an intravenous line will be necessary. The nurse physically restrains a patient so that intravenous access can be obtained. Correct Answer: 2,5 Rationale 1: Refusing to leave after being asked is trespass to land, which is an intentional tort. Rationale 2: Defamatory language about a living person that would adversely affect his or her reputation is defamation.

Defamation is a quasi-intentional tort. Rationale 3: This could be construed as a threat, which would be considered assault. Assault is an intentional tort. Rationale 4: Physically restraining a patient can be construed as false imprisonment or battery, both of which are intentional torts.

The business office has stated that the patient cannot leave until someone pays a portion of the hospital bill. What should the nurse do? Call social services to request an immediate financial evaluation. Continue preparations for discharge, comforting the patient as much as possible. Stop discharge preparations until the patient is cleared by the billing office.

This situation could be construed to represent false imprisonment. Rationale 2: The nurse must continue to practice within the nursing scope of practice.

Rationale 3: This scenario could be construed as false imprisonment. The nurse should not stop or slow discharge preparations.

Legal And Ethical Issues In Nursing 6th Edition Legal

Ironically, the nurse had been assigned to care for that patient that day. If the patient sues this nurse, which statement is true? The nurse cannot be held liable for either malpractice or negligence based upon this set of facts. The nurse can be held liable for both negligence and malpractice. The nurse can be held liable for malpractice but not negligence. The nurse can be held liable for negligence but not malpractice.

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Which statements would the nurse evaluate as correctly identifying difference between ethics and law? Note: Credit will be given only if all correct choices and no incorrect choices are selected. Rationale 1: Both ethics and the law apply to conduct, actions, and motive. Attitude is more associated with ethics. Rationale 2: Ethics, like values, is individualistic and is subject to philosophical, moral, and individual interpretations. The law focuses on rules and regulations that guide society in a formal and binding manner.

Legal and Ethical Issues in Nursing 6th Edition Guido Test Bank

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[PDF Download] Legal and Ethical Issues in Nursing (6th Edition) (Legal Issues in Nursing (

Legal & Ethical Issues in Nursing, 7th Edition

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Which statements would the nurse evaluate as correctly identifying difference between ethics and law? Note: Credit will be given only if all correct choices and no incorrect choices are selected. Rationale 1: Both ethics and the law apply to conduct, actions, and motive. Attitude is more associated with ethics. Rationale 2: Ethics, like values, is individualistic and is subject to philosophical, moral, and individual interpretations.

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Legal and Ethical. Issues in Nursing. Seventh Edition. Ginny Wacker Guido, JD, MSN, RN, FAAN. Regional Director-Nursing and Assistant Dean, (retired).


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