Legal & Ethical Issues in Nursing,
by RN Guido, Ginny Wacke,
, Table of contents
Part 1: Introduction to the Law and the Judicial Process
Chapter 1: Legal Concepts and the Judicial Process
Chapter 2: Anatomy of a Lawsuit
Part 2: Ethics
Chapter 3: Introduction to Ethics
Chapter 4: Application of Ethics in Nursing Practice Settings
Part 3: Liability Issues
Chapter 5: Standards of Care
Chapter 6: Tort Law
Chapter 7: Nursing Liability: Defenses
Chapter 8: Informed Consent and Patient Self-Determination
Chapter 9: Documentation and Confidentiality
Chapter 10: Professional Liability Insurance
Part 4: Impact of the Law on the Professional Practice of Nursing
Chapter 11: Nurse Practice Acts, Licensure, and the Scope of Practice
Chapter 12: Advanced Nursing Practice Roles
Chapter 13: Corporate Liability Issues and Employment Laws
Chapter 14: Federal Laws: The Americans with Disabilities Act of 1990 and the Civil
Rights Act of 1991
Chapter 15: Nursing Management and the Nurse-Managers
Chapter 16: Delegation and Supervision
Part 5: Impact of the Law on Nursing in Selected Practice Settings
Chapter 17: Nursing in Acute Care Settings
Chapter 18: Nursing in Ambulatory and Managed Care Settings
,Chapter 19: Public and Community Health Care
Chapter 20: Nursing in Long-Term Care Settings
Chapter 01: Legal Concepts and the Judicial Process
Question 1 Type: MCSA
A nurse would like to advocate for a modification of the state’s nursing practice act and believes the best
strategy is to contact the persons with authority to write and change this statutory law. Whom should the
nurse contact?
1. State board of nursing
2. State governor
3. State legislature
4. State nursing association
Correct Answer: 3
Rationale 1: State boards of nursing are involved in the implementation and enforcement of the nurse
practice act but not charged with writing the law.
Rationale 2: Governors may appoint members of those on the state board of nursing, but are not involved
in writing nursing practice acts.
Rationale 3: State legislative bodies create and pass the individual nursing practice acts (statutory laws)
and create state boards of nursing or state boards of nurse examiners (state administrative agencies) to
implement and enforce those acts.
Rationale 4: State nursing associations may promote or seek to change nurse practice acts, but they cannot
do so independently.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management of Care
, Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 1.1 Define the term law and describe four sources from which law is derived,
including constitutional, statutory, administrative, and judicial (decisional) law.
Question 2 Type: MCSA
A patient brought suit against a hospital for injuries sustained in a fall. The case went to trial and the jury
found for the hospital. Can the patient take this same suit and evidence to another trial court in hopes of a
different decision?
1. No, because of the doctrine of res judicata
2. Yes, stare decisis allows retrial
3. Yes, because of the doctrine of precedent
4. No, this is a landmark decision
Correct Answer: 1
Rationale 1: Res judicata means “a thing or matter settled by judgment” and applies when a legal dispute
has been decided by a competent court of jurisdiction. This doctrine prevents the same parties in the
original lawsuit from retrying the same issues involved in the first lawsuit.
Rationale 2: Stare decisis means to “let the decision stand” and is applied by courts of law in cases with
similar fact patterns that have been previously decided by the court system.
Rationale 3: The doctrine of precedent means to “let the decision stand” and is applied by courts of law in
cases with similar fact patterns that have been previously decided by the court system. Landmark
decisions signify that precedent is changed by the current court decision.
Rationale 4: Landmark decisions signify that precedent is changed by the current court decision.
Global Rationale:
Cognitive Level: Analyzing
Client Need: Safe Effective Care Environment
Client Need Sub: Management of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1.2 Compare and contrast the doctrines of precedent (stare decisis) and res judicata.
by RN Guido, Ginny Wacke,
, Table of contents
Part 1: Introduction to the Law and the Judicial Process
Chapter 1: Legal Concepts and the Judicial Process
Chapter 2: Anatomy of a Lawsuit
Part 2: Ethics
Chapter 3: Introduction to Ethics
Chapter 4: Application of Ethics in Nursing Practice Settings
Part 3: Liability Issues
Chapter 5: Standards of Care
Chapter 6: Tort Law
Chapter 7: Nursing Liability: Defenses
Chapter 8: Informed Consent and Patient Self-Determination
Chapter 9: Documentation and Confidentiality
Chapter 10: Professional Liability Insurance
Part 4: Impact of the Law on the Professional Practice of Nursing
Chapter 11: Nurse Practice Acts, Licensure, and the Scope of Practice
Chapter 12: Advanced Nursing Practice Roles
Chapter 13: Corporate Liability Issues and Employment Laws
Chapter 14: Federal Laws: The Americans with Disabilities Act of 1990 and the Civil
Rights Act of 1991
Chapter 15: Nursing Management and the Nurse-Managers
Chapter 16: Delegation and Supervision
Part 5: Impact of the Law on Nursing in Selected Practice Settings
Chapter 17: Nursing in Acute Care Settings
Chapter 18: Nursing in Ambulatory and Managed Care Settings
,Chapter 19: Public and Community Health Care
Chapter 20: Nursing in Long-Term Care Settings
Chapter 01: Legal Concepts and the Judicial Process
Question 1 Type: MCSA
A nurse would like to advocate for a modification of the state’s nursing practice act and believes the best
strategy is to contact the persons with authority to write and change this statutory law. Whom should the
nurse contact?
1. State board of nursing
2. State governor
3. State legislature
4. State nursing association
Correct Answer: 3
Rationale 1: State boards of nursing are involved in the implementation and enforcement of the nurse
practice act but not charged with writing the law.
Rationale 2: Governors may appoint members of those on the state board of nursing, but are not involved
in writing nursing practice acts.
Rationale 3: State legislative bodies create and pass the individual nursing practice acts (statutory laws)
and create state boards of nursing or state boards of nurse examiners (state administrative agencies) to
implement and enforce those acts.
Rationale 4: State nursing associations may promote or seek to change nurse practice acts, but they cannot
do so independently.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management of Care
, Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 1.1 Define the term law and describe four sources from which law is derived,
including constitutional, statutory, administrative, and judicial (decisional) law.
Question 2 Type: MCSA
A patient brought suit against a hospital for injuries sustained in a fall. The case went to trial and the jury
found for the hospital. Can the patient take this same suit and evidence to another trial court in hopes of a
different decision?
1. No, because of the doctrine of res judicata
2. Yes, stare decisis allows retrial
3. Yes, because of the doctrine of precedent
4. No, this is a landmark decision
Correct Answer: 1
Rationale 1: Res judicata means “a thing or matter settled by judgment” and applies when a legal dispute
has been decided by a competent court of jurisdiction. This doctrine prevents the same parties in the
original lawsuit from retrying the same issues involved in the first lawsuit.
Rationale 2: Stare decisis means to “let the decision stand” and is applied by courts of law in cases with
similar fact patterns that have been previously decided by the court system.
Rationale 3: The doctrine of precedent means to “let the decision stand” and is applied by courts of law in
cases with similar fact patterns that have been previously decided by the court system. Landmark
decisions signify that precedent is changed by the current court decision.
Rationale 4: Landmark decisions signify that precedent is changed by the current court decision.
Global Rationale:
Cognitive Level: Analyzing
Client Need: Safe Effective Care Environment
Client Need Sub: Management of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1.2 Compare and contrast the doctrines of precedent (stare decisis) and res judicata.
