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LEGAL ISSUES IN NURSING - STUDY GUIDE
QUESTIONS WITH (100) QUESTIONS AND
RADICLE RATIONALLES
Nursing
Exam coverage:
• Section 1 (Q1-25): Malpractice & Negligence
• Section 2 (Q26-50): Regulatory & Licensing Issues
• Section 3 (Q51-75): Informed Consent & Patient Rights
• Section 4 (Q76-100): Professional Conduct & Ethical
Theories
QUESTIONS :
1. What is the legal definition of "malpractice" as
distinguished from "negligence" in nursing practice?
A) Malpractice refers to any error in clinical judgment, while
negligence refers to administrative errors
B) Malpractice is negligence committed by a licensed
professional, while negligence is a general failure to exercise
ordinary care ✓ (CORRECT)
C) Malpractice is intentional harm, while negligence is
unintentional harm
D) Malpractice applies only to physicians, while negligence
applies to nurses
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E) There is no legal distinction between malpractice and
negligence
**RATIONALE:** Malpractice is a specific term used for
negligence committed by a licensed professional. Negligence is
the failure to exercise the ordinary care a reasonable person
would use in similar circumstances .
2. All of the following elements must be established in a
court of law to prove nursing malpractice EXCEPT:
A) The nurse owed a duty to the patient
B) The nurse breached the standard of care
C) The patient suffered harm
D) The nurse intended to cause harm to the patient
✓ (CORRECT)
E) The nurse's breach of duty caused the patient's injury
**RATIONALE:** The four elements required to prove
malpractice are duty, breach, cause, and harm. Malpractice is
an unintentional tort, so intent is not required .
3. According to the American Nurses Association, which
statement best describes proper late entry documentation
in nursing records?
A) Late entries are prohibited and cannot be made under any
circumstances
B) Late entries must be clearly labeled, include the actual time
of the event, and state the reason for the delay ✓ (CORRECT)
C) Late entries should be backdated to match the time of the
event
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D) Late entries are acceptable only if approved by a physician
E) Late entries may be made without any special notation
**RATIONALE:** The ANA reiterates that late entries must be
clearly labeled, include the actual time of the event, and state
the reason for the delay. This maintains transparency and
protects the legal integrity of the medical record .
4. Which of the following is an intentional tort that may result
in legal liability for a nurse?
A) Documenting interventions not performed
B) Failure to follow standard of care
C) Breach of privacy and confidentiality ✓ (CORRECT)
D) Medication administration error
E) Failure to assess a patient
**RATIONALE:** Breach of privacy and confidentiality are
intentional torts. Fraud and defamation (slander and libel) are
also intentional torts. Negligence and malpractice are
unintentional torts .
5. A nurse who makes negative, malicious, and false remarks
about a colleague to damage their reputation may be liable
for:
A) Negligence
B) Malpractice
C) Slander ✓ (CORRECT)
D) Fraud
E) Breach of duty
**RATIONALE:** Slander is spoken defamation of character
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that occurs when an individual makes negative, malicious, and
false remarks about another person to damage their reputation.
Libel is written defamation .
6. Under the HIPAA Security Rule, which type of harm may
result from unauthorized access to patient records?
A) Only civil fines up to $1,000
B) Criminal penalties, including up to ten years of jail time ✓
**(CORRECT)**
C) Only administrative warnings
D) Only civil fines for the institution
E) No legal consequences for isolated incidents
**`**RATIONALE:**`** HIPAA violations may result in fines
from $100 to $1.5 million for organizations. Criminal penalties,
including jail time of up to ten years, may be imposed for
violations involving the use of PHI for personal gain or malicious
intent .
7. A real-world nursing discipline case involving
unauthorized access to patient records demonstrated that:
A) Brief chart access is acceptable if there is a family
relationship
B) Chart access for less than five seconds is acceptable
C) Unauthorized chart access resulted in public reprimand and
revoked multistate licensure ✓ (CORRECT)
D) Unauthorized chart access only results in a warning
E) Chart access for personal reasons is protected
**RATIONALE:** An RN accessed the medical records of a
LEGAL ISSUES IN NURSING - STUDY GUIDE
QUESTIONS WITH (100) QUESTIONS AND
RADICLE RATIONALLES
Nursing
Exam coverage:
• Section 1 (Q1-25): Malpractice & Negligence
• Section 2 (Q26-50): Regulatory & Licensing Issues
• Section 3 (Q51-75): Informed Consent & Patient Rights
• Section 4 (Q76-100): Professional Conduct & Ethical
Theories
QUESTIONS :
1. What is the legal definition of "malpractice" as
distinguished from "negligence" in nursing practice?
A) Malpractice refers to any error in clinical judgment, while
negligence refers to administrative errors
B) Malpractice is negligence committed by a licensed
professional, while negligence is a general failure to exercise
ordinary care ✓ (CORRECT)
C) Malpractice is intentional harm, while negligence is
unintentional harm
D) Malpractice applies only to physicians, while negligence
applies to nurses
, Page 2 of 46
E) There is no legal distinction between malpractice and
negligence
**RATIONALE:** Malpractice is a specific term used for
negligence committed by a licensed professional. Negligence is
the failure to exercise the ordinary care a reasonable person
would use in similar circumstances .
2. All of the following elements must be established in a
court of law to prove nursing malpractice EXCEPT:
A) The nurse owed a duty to the patient
B) The nurse breached the standard of care
C) The patient suffered harm
D) The nurse intended to cause harm to the patient
✓ (CORRECT)
E) The nurse's breach of duty caused the patient's injury
**RATIONALE:** The four elements required to prove
malpractice are duty, breach, cause, and harm. Malpractice is
an unintentional tort, so intent is not required .
3. According to the American Nurses Association, which
statement best describes proper late entry documentation
in nursing records?
A) Late entries are prohibited and cannot be made under any
circumstances
B) Late entries must be clearly labeled, include the actual time
of the event, and state the reason for the delay ✓ (CORRECT)
C) Late entries should be backdated to match the time of the
event
, Page 3 of 46
D) Late entries are acceptable only if approved by a physician
E) Late entries may be made without any special notation
**RATIONALE:** The ANA reiterates that late entries must be
clearly labeled, include the actual time of the event, and state
the reason for the delay. This maintains transparency and
protects the legal integrity of the medical record .
4. Which of the following is an intentional tort that may result
in legal liability for a nurse?
A) Documenting interventions not performed
B) Failure to follow standard of care
C) Breach of privacy and confidentiality ✓ (CORRECT)
D) Medication administration error
E) Failure to assess a patient
**RATIONALE:** Breach of privacy and confidentiality are
intentional torts. Fraud and defamation (slander and libel) are
also intentional torts. Negligence and malpractice are
unintentional torts .
5. A nurse who makes negative, malicious, and false remarks
about a colleague to damage their reputation may be liable
for:
A) Negligence
B) Malpractice
C) Slander ✓ (CORRECT)
D) Fraud
E) Breach of duty
**RATIONALE:** Slander is spoken defamation of character
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that occurs when an individual makes negative, malicious, and
false remarks about another person to damage their reputation.
Libel is written defamation .
6. Under the HIPAA Security Rule, which type of harm may
result from unauthorized access to patient records?
A) Only civil fines up to $1,000
B) Criminal penalties, including up to ten years of jail time ✓
**(CORRECT)**
C) Only administrative warnings
D) Only civil fines for the institution
E) No legal consequences for isolated incidents
**`**RATIONALE:**`** HIPAA violations may result in fines
from $100 to $1.5 million for organizations. Criminal penalties,
including jail time of up to ten years, may be imposed for
violations involving the use of PHI for personal gain or malicious
intent .
7. A real-world nursing discipline case involving
unauthorized access to patient records demonstrated that:
A) Brief chart access is acceptable if there is a family
relationship
B) Chart access for less than five seconds is acceptable
C) Unauthorized chart access resulted in public reprimand and
revoked multistate licensure ✓ (CORRECT)
D) Unauthorized chart access only results in a warning
E) Chart access for personal reasons is protected
**RATIONALE:** An RN accessed the medical records of a
