TEST BANK
LEGAL AND ETHICAL
ISSUES IN NURSING
6th Edition By Ginny Wacker Guido
TEST BANK
,Test Bank Legal & Ethical Issues in Nursing, 6th edition by Ginny Wac
ker Guido
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
Guido: Legal and Ethical Issues in Nursing, 6th Edition, Test Bank
Question 1
Type: MCSA
A nurse would like to advocate for a modification of the state’s nursing practice act and believes th
e best strategy is to contact the persons with authority to write and change this statutory law. Who
m 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 nurs
e 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 in
volved in writing nursing practice acts.
Rationale 3: State legislative bodies create and pass the individual nursing practice acts (statutory la
ws) and create state boards of nursing or state boards of nurse examiners (state administrative agenci
es) 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, includin
g constitutional, statutory, administrative, and judicial (decisional) law.
Question 2
Type: MCSA
Guido, Legal and Ethical Issues in Nursing, 6 edition
, Test Bank
, A\ patient\ brought\ suit\ against\ a\ hospital\ for\ injuries\ sustained\ in\ a\ fall.\ The\ case\ went\ to\ trial\ an\d\
the\ jury\ found\ for\ the\ hospital.\ Can\ the\ patient\ take\ this\ same\ suit\ and\ evidence\ to\ another\ tri\al\ co
urt\ 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\ parti\es\ 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\ case\s\
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\ l
aw\ in\ cases\ with\ similar\ fact\ patterns\ that\ have\ been\ previously\ decided\ by\ the\ court\ system.\ L\andma
rk\ 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.
Question\ 3\Typ
e:\ MCSA
The\ circumstances\ of\ a\ lawsuit\ cause\ it\ to\ be\ under\ the\ jurisdiction\ of\ more\ than\ one\ court.\ In\ thi\s\
case,\ the\ nurse\ expects\ that\ which\ court\ will\ have\ the\ greatest\ personal\ jurisdiction?
1. Federal\ Supreme\ Court
2. Federal\ district\ court
3. State\ supreme\ court
4. State\ trial\ court
Guido,\ Legal\ and\ Ethical\ Issues\ in\ Nursing,\ 6\ edition
,\ Test\ Bank
LEGAL AND ETHICAL
ISSUES IN NURSING
6th Edition By Ginny Wacker Guido
TEST BANK
,Test Bank Legal & Ethical Issues in Nursing, 6th edition by Ginny Wac
ker Guido
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
Guido: Legal and Ethical Issues in Nursing, 6th Edition, Test Bank
Question 1
Type: MCSA
A nurse would like to advocate for a modification of the state’s nursing practice act and believes th
e best strategy is to contact the persons with authority to write and change this statutory law. Who
m 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 nurs
e 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 in
volved in writing nursing practice acts.
Rationale 3: State legislative bodies create and pass the individual nursing practice acts (statutory la
ws) and create state boards of nursing or state boards of nurse examiners (state administrative agenci
es) 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, includin
g constitutional, statutory, administrative, and judicial (decisional) law.
Question 2
Type: MCSA
Guido, Legal and Ethical Issues in Nursing, 6 edition
, Test Bank
, A\ patient\ brought\ suit\ against\ a\ hospital\ for\ injuries\ sustained\ in\ a\ fall.\ The\ case\ went\ to\ trial\ an\d\
the\ jury\ found\ for\ the\ hospital.\ Can\ the\ patient\ take\ this\ same\ suit\ and\ evidence\ to\ another\ tri\al\ co
urt\ 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\ parti\es\ 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\ case\s\
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\ l
aw\ in\ cases\ with\ similar\ fact\ patterns\ that\ have\ been\ previously\ decided\ by\ the\ court\ system.\ L\andma
rk\ 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.
Question\ 3\Typ
e:\ MCSA
The\ circumstances\ of\ a\ lawsuit\ cause\ it\ to\ be\ under\ the\ jurisdiction\ of\ more\ than\ one\ court.\ In\ thi\s\
case,\ the\ nurse\ expects\ that\ which\ court\ will\ have\ the\ greatest\ personal\ jurisdiction?
1. Federal\ Supreme\ Court
2. Federal\ district\ court
3. State\ supreme\ court
4. State\ trial\ court
Guido,\ Legal\ and\ Ethical\ Issues\ in\ Nursing,\ 6\ edition
,\ Test\ Bank
