HESI
LEADERSHIP/MANAGEMENT
Laws Governing Nursing - Answers -Nurse Practice Acts
Nurse Practice Acts - Answers -provide the laws that control the practice of nursing in
each state.
Mandatory Nurse Practice Acts - Answers -authorize that, under the law, only licensed
professionals an practice nursing.
Nurse's Responsibility in making assignments - Answers -governed by Nurse Practice
Acts. 1. Assignments should be commensurate with the nursing personnel's educational
preparation, experience, and knowledge. 2. The nurse should supervise the care
provided by nursing personnel for which he or she is administratively responsible. 3.
Sterile or invasive procedures should be assigned to or supervised by a professional
nurse (RN).
Torts - Answers -An act involving injury or damage to another (except breach of
contract) resulting in civil liability (i.e., the victim can sue) instead of criminal liability
Unintentional Torts - Answers -Negligence and malpractice
Negligence - Answers -performing an act that a reasonable and prudent person would
not perform. The measure of negligence is "reasonableness" (i.e., would a reasonable
and prudent nurse act in the same manner under the same circumstances?)
Malpractice - Answers -negligence by professional personnel (e.g., professional
misconduct or unreasonable lack of skill in carrying out professional duties)
, Four elements necessary to prove negligence or malpractice - Answers -duty, breach of
duty, injury/damages, causation
Duty - Answers -Obligation to use due care (what a reasonable, prudent nurse would
do); failure to care for and/or to protect others against unreasonable risk. The nurse
must anticipate foreseeable risks. Example: If a floor has water on it, the nurse is
responsible for anticipating the risk for a client's falling.
Commission of a crime involves... - Answers -1. A person commits a deed contrary to
criminal law. 2. A person omits an act when there is a legal obligation to perform such
an act (e.g., refusing to assist with the birth of a child if such a refusal results in injury to
the child). 3. Criminal conspiracy occurs when two or more persons agree to commit a
crime. 4. Assisting or giving aid to a person in the commission of a crime makes that
person equally guilty of the offense (awareness must be present that the crime is being
committed). 5. Ignoring a law is not usually an adequate defense against the
commission of a crime (e.g., a nurse who sees another nurse taking narcotics from the
unit supply and ignores this observation is not adequately defended against committing
a crime). 6. Assault is justified for self-defense. However, to be justified, only enough
force can be used as to maintain self-protection. 7. Search warrants are required prior
to searching a person's property. 8. It is a crime not to report suspected child abuse
(i.e., the nurse's legal responsibility is to report suspected child abuse)
Psychiatric Nursing Practice and the Law - Answers -Civil procedures, Voluntary
admission, Involuntary admission, Emergency admission, Legal and civil rights of
hospitalized clients, competency hearing, insanity, inability to stand trial.
Civil procedures - Answers -methods used to protect the rights of psychiatric clients
Voluntary admission - Answers -client admits himself or herself to an institution for
treatment and retains civil rights
involuntary admission - Answers -someone other than the client applies for the client's
admission to an institution. 1. This requires certification by a health care provider that
the person is a danger to self or others (Depending on the state, one or two health care
provider certifications are required). 2. Individuals have the right to a legal hearing within
a certain number of hours or days. 3. Most states limit commitment to 90 days. 4.
Extended commitment is usually no longer than 1 year.
Emergency admission - Answers -Any adult may apply for emergency detention of
another. However, medical or judicial approval is required to detain anyone beyond 24
hours. 1. A person held against his or her will can file a writ of habeas corpus to try to
get the court to hear the case and release the person. 2. The court determines the
sanity and alleged unlawful restraint of a person.
LEADERSHIP/MANAGEMENT
Laws Governing Nursing - Answers -Nurse Practice Acts
Nurse Practice Acts - Answers -provide the laws that control the practice of nursing in
each state.
Mandatory Nurse Practice Acts - Answers -authorize that, under the law, only licensed
professionals an practice nursing.
Nurse's Responsibility in making assignments - Answers -governed by Nurse Practice
Acts. 1. Assignments should be commensurate with the nursing personnel's educational
preparation, experience, and knowledge. 2. The nurse should supervise the care
provided by nursing personnel for which he or she is administratively responsible. 3.
Sterile or invasive procedures should be assigned to or supervised by a professional
nurse (RN).
Torts - Answers -An act involving injury or damage to another (except breach of
contract) resulting in civil liability (i.e., the victim can sue) instead of criminal liability
Unintentional Torts - Answers -Negligence and malpractice
Negligence - Answers -performing an act that a reasonable and prudent person would
not perform. The measure of negligence is "reasonableness" (i.e., would a reasonable
and prudent nurse act in the same manner under the same circumstances?)
Malpractice - Answers -negligence by professional personnel (e.g., professional
misconduct or unreasonable lack of skill in carrying out professional duties)
, Four elements necessary to prove negligence or malpractice - Answers -duty, breach of
duty, injury/damages, causation
Duty - Answers -Obligation to use due care (what a reasonable, prudent nurse would
do); failure to care for and/or to protect others against unreasonable risk. The nurse
must anticipate foreseeable risks. Example: If a floor has water on it, the nurse is
responsible for anticipating the risk for a client's falling.
Commission of a crime involves... - Answers -1. A person commits a deed contrary to
criminal law. 2. A person omits an act when there is a legal obligation to perform such
an act (e.g., refusing to assist with the birth of a child if such a refusal results in injury to
the child). 3. Criminal conspiracy occurs when two or more persons agree to commit a
crime. 4. Assisting or giving aid to a person in the commission of a crime makes that
person equally guilty of the offense (awareness must be present that the crime is being
committed). 5. Ignoring a law is not usually an adequate defense against the
commission of a crime (e.g., a nurse who sees another nurse taking narcotics from the
unit supply and ignores this observation is not adequately defended against committing
a crime). 6. Assault is justified for self-defense. However, to be justified, only enough
force can be used as to maintain self-protection. 7. Search warrants are required prior
to searching a person's property. 8. It is a crime not to report suspected child abuse
(i.e., the nurse's legal responsibility is to report suspected child abuse)
Psychiatric Nursing Practice and the Law - Answers -Civil procedures, Voluntary
admission, Involuntary admission, Emergency admission, Legal and civil rights of
hospitalized clients, competency hearing, insanity, inability to stand trial.
Civil procedures - Answers -methods used to protect the rights of psychiatric clients
Voluntary admission - Answers -client admits himself or herself to an institution for
treatment and retains civil rights
involuntary admission - Answers -someone other than the client applies for the client's
admission to an institution. 1. This requires certification by a health care provider that
the person is a danger to self or others (Depending on the state, one or two health care
provider certifications are required). 2. Individuals have the right to a legal hearing within
a certain number of hours or days. 3. Most states limit commitment to 90 days. 4.
Extended commitment is usually no longer than 1 year.
Emergency admission - Answers -Any adult may apply for emergency detention of
another. However, medical or judicial approval is required to detain anyone beyond 24
hours. 1. A person held against his or her will can file a writ of habeas corpus to try to
get the court to hear the case and release the person. 2. The court determines the
sanity and alleged unlawful restraint of a person.
