TESTBANK d
LEGAL AND ETHICAL
d d
dISSUES IN NURSING d d
6thEdition By GinnyWacker Guido
d d d d d
TESTBANK d
,Test Bank Legal & Ethical Issues in Nursing, 6th edition by Ginny Wacker
d d d d d d d d d d d d
Guido
d
Table of contents
d d
Part 1: Introduction to the Law and the Judicial Process
d d d d d d d d d
Chapter 1: Legal Concepts and the Judicial Process
d d d d d d d
Chapter 2: Anatomy of a Lawsuit
d d d d d
Part 2: Ethics
d d
Chapter 3: Introduction to Ethics
d d d d
Chapter 4: Application of Ethics in Nursing Practice Settings
d d d d d d d d
Part 3: Liability Issues
d d d
Chapter 5: Standards of Care
d d d d
Chapter 6: Tort Lawd d d
Chapter 7: Nursing Liability: Defenses
d d d d
Chapter 8: Informed Consent and Patient Self-Determination
d d d d d d
Chapter 9: Documentation and Confidentiality
d d d d
Chapter 10: Professional Liability Insurance
d d d d
Part 4: Impact of the Law on the Professional Practice of Nursing
d d d d d d d d d d d
Chapter 11: Nurse Practice Acts, Licensure, and the Scope of Practice
d d d d d d d d d d
Chapter 12: Advanced Nursing Practice Roles
d d d d d
Chapter 13: Corporate Liability Issues and Employment Laws
d d d d d d d
Chapter 14: Federal Laws: The Americans with Disabilities Act of 1990 and the Civil
d d d d d d d d d d d d d
Rights Act of 1991
d d d
Chapter 15: Nursing Management and the Nurse-Managers
d d d d d d
Chapter 16: Delegation and Supervision
d d d d
Part 5: Impact of the Law on Nursing in Selected Practice Settings
d d d d d d d d d d d
Chapter 17: Nursing in Acute Care Settings
d d d d d d
Chapter 18: Nursing in Ambulatory and Managed Care Settings
d d d d d d d d
Chapter 19: Public and Community Health Care
d d d d d d
Chapter 20: Nursing in Long-Term Care Settings
d d d d d d
,Chapter 01: Legal Concepts and the Judicial Process
d d d d d d d
Guido: Legal and Ethical Issues in Nursing, 6th Edition, Test Bank
d d d d d d d
d
d d
Question 1 d
Type:
d
MCSA
d
A nurse would like to advocate for a modification of the state’s nursing practice act and believes the best strategy
d d d d d d d d d d d d d d d d d d d
is to contact the persons with authority to write and change this statutory law. Whom should the nurse contact?
d d d d d d d d d d d d d d d d d d d
1. State board of nursing
d d d
2. State governor d
3. State legislatured
4. State nursing association
d d
Correct Answer: 3 d d
Rationale 1: State boards of nursing are involved in the implementation and enforcement of the nurse practice act
d d d d d d d d d d d d d d d d d
but not charged with writing the law.
d d d d d d d
Rationale 2: Governors may appoint members of those on the state board of nursing, but are not involved in
d d d d d d d d d d d d d d d d d d
writing nursing practice acts.
d d d d
Rationale 3: State legislative bodies create and pass the individual nursing practice acts (statutory laws) and
d d d d d d d d d d d d d d d
create state boards of nursing or state boards of nurse examiners (state administrative agencies) to implement and
d d d d d d d d d d d d d d d d d
enforce those acts.
d d d
Rationale 4: State nursing associations may promote or seek to change nurse practice acts, but they cannot do so
d d d d d d d d d d d d d d d d d d
independently.
d
Global Rationale: d
Cognitive Level: Applying d d
Client Need: Safe Effective Care Environment
d d d d d
Client Need Sub: Management of Care
d d d d d
Nursing/Integrated Concepts: Nursing Process: Implementation d d d d
Learning Outcome: 1.1 Define the term law and describe four sources from which law is derived, including
d d d d d d d d d d d d d d d d
constitutional, statutory, administrative, and judicial (decisional) law.
d d d d d d d
Question 2 d
Type:
d
MCSA
d
Guido, dLegal dand dEthical dIssues din dNursing, d6 dedition, dTest
dBank
, A patient brought suit against a hospital for injuries sustained in a fall. The case went to trial and the jury found
d d d d d d d d d d d d d d d d d d d d d
for the hospital. Can the patient take this same suit and evidence to another trial court in hopes of a different
d d d d d d d d d d d d d d d d d d d d d
decision?
d
1. No, because of the doctrine of res judicata
d d d d d d d
2. Yes, stare decisis allows retrial
d d d d
3. Yes, because of the doctrine of precedent
d d d d d d
4. No, this is a landmark decision
d d d d d
Correct Answer: 1 d d
Rationale 1: Res judicata means “a thing or matter settled by judgment” and applies when a legal dispute has
d d d d d d d d d d d d d d d d d d
been decided by a competent court of jurisdiction. This doctrine prevents the same parties in the original lawsuit
d d d d d d d d d d d d d d d d d d
from retrying the same issues involved in the first lawsuit.
d d d d d d d d d d
Rationale 2: Stare decisis means to “let the decision stand” and is applied by courts of law in cases with similar
d d d d d d d d d d d d d d d d d d d d
fact patterns that have been previously decided by the court system.
d d d d d d d d d d d
Rationale 3: The doctrine of precedent means to “let the decision stand” and is applied by courts of law in cases
d d d d d d d d d d d d d d d d d d d d
with similar fact patterns that have been previously decided by the court system. Landmark decisions signify that
d d d d d d d d d d d d d d d d d
precedent is changed by the current court decision.
d d d d d d d d
Rationale 4: Landmark decisions signify that precedent is changed by the current court decision.
d d d d d d d d d d d d d
Global Rationale: d
Cognitive Level: Analyzing d d
Client Need: Safe Effective Care Environment
d d d d d
Client Need Sub: Management of Care
d d d d d
Nursing/Integrated Concepts: Nursing Process: Assessment d d d d
Learning Outcome: 1.2 Compare and contrast the doctrines of precedent (stare decisis) and res judicata.
d d d d d d d d d d d d d d
Question 3 d
Type:
d
MCSA
d
The circumstances of a lawsuit cause it to be under the jurisdiction of more than one court. In this case, the nurse
d d d d d d d d d d d d d d d d d d d d d
expects that which court will have the greatest personal jurisdiction?
d d d d d d d d d d
1. Federal Supreme Court d d
2. Federal district court d d
3. State supreme court d d
4. State trial court d d
Guido, dLegal dand dEthical dIssues din dNursing, d6 dedition, dTest
dBank
LEGAL AND ETHICAL
d d
dISSUES IN NURSING d d
6thEdition By GinnyWacker Guido
d d d d d
TESTBANK d
,Test Bank Legal & Ethical Issues in Nursing, 6th edition by Ginny Wacker
d d d d d d d d d d d d
Guido
d
Table of contents
d d
Part 1: Introduction to the Law and the Judicial Process
d d d d d d d d d
Chapter 1: Legal Concepts and the Judicial Process
d d d d d d d
Chapter 2: Anatomy of a Lawsuit
d d d d d
Part 2: Ethics
d d
Chapter 3: Introduction to Ethics
d d d d
Chapter 4: Application of Ethics in Nursing Practice Settings
d d d d d d d d
Part 3: Liability Issues
d d d
Chapter 5: Standards of Care
d d d d
Chapter 6: Tort Lawd d d
Chapter 7: Nursing Liability: Defenses
d d d d
Chapter 8: Informed Consent and Patient Self-Determination
d d d d d d
Chapter 9: Documentation and Confidentiality
d d d d
Chapter 10: Professional Liability Insurance
d d d d
Part 4: Impact of the Law on the Professional Practice of Nursing
d d d d d d d d d d d
Chapter 11: Nurse Practice Acts, Licensure, and the Scope of Practice
d d d d d d d d d d
Chapter 12: Advanced Nursing Practice Roles
d d d d d
Chapter 13: Corporate Liability Issues and Employment Laws
d d d d d d d
Chapter 14: Federal Laws: The Americans with Disabilities Act of 1990 and the Civil
d d d d d d d d d d d d d
Rights Act of 1991
d d d
Chapter 15: Nursing Management and the Nurse-Managers
d d d d d d
Chapter 16: Delegation and Supervision
d d d d
Part 5: Impact of the Law on Nursing in Selected Practice Settings
d d d d d d d d d d d
Chapter 17: Nursing in Acute Care Settings
d d d d d d
Chapter 18: Nursing in Ambulatory and Managed Care Settings
d d d d d d d d
Chapter 19: Public and Community Health Care
d d d d d d
Chapter 20: Nursing in Long-Term Care Settings
d d d d d d
,Chapter 01: Legal Concepts and the Judicial Process
d d d d d d d
Guido: Legal and Ethical Issues in Nursing, 6th Edition, Test Bank
d d d d d d d
d
d d
Question 1 d
Type:
d
MCSA
d
A nurse would like to advocate for a modification of the state’s nursing practice act and believes the best strategy
d d d d d d d d d d d d d d d d d d d
is to contact the persons with authority to write and change this statutory law. Whom should the nurse contact?
d d d d d d d d d d d d d d d d d d d
1. State board of nursing
d d d
2. State governor d
3. State legislatured
4. State nursing association
d d
Correct Answer: 3 d d
Rationale 1: State boards of nursing are involved in the implementation and enforcement of the nurse practice act
d d d d d d d d d d d d d d d d d
but not charged with writing the law.
d d d d d d d
Rationale 2: Governors may appoint members of those on the state board of nursing, but are not involved in
d d d d d d d d d d d d d d d d d d
writing nursing practice acts.
d d d d
Rationale 3: State legislative bodies create and pass the individual nursing practice acts (statutory laws) and
d d d d d d d d d d d d d d d
create state boards of nursing or state boards of nurse examiners (state administrative agencies) to implement and
d d d d d d d d d d d d d d d d d
enforce those acts.
d d d
Rationale 4: State nursing associations may promote or seek to change nurse practice acts, but they cannot do so
d d d d d d d d d d d d d d d d d d
independently.
d
Global Rationale: d
Cognitive Level: Applying d d
Client Need: Safe Effective Care Environment
d d d d d
Client Need Sub: Management of Care
d d d d d
Nursing/Integrated Concepts: Nursing Process: Implementation d d d d
Learning Outcome: 1.1 Define the term law and describe four sources from which law is derived, including
d d d d d d d d d d d d d d d d
constitutional, statutory, administrative, and judicial (decisional) law.
d d d d d d d
Question 2 d
Type:
d
MCSA
d
Guido, dLegal dand dEthical dIssues din dNursing, d6 dedition, dTest
dBank
, A patient brought suit against a hospital for injuries sustained in a fall. The case went to trial and the jury found
d d d d d d d d d d d d d d d d d d d d d
for the hospital. Can the patient take this same suit and evidence to another trial court in hopes of a different
d d d d d d d d d d d d d d d d d d d d d
decision?
d
1. No, because of the doctrine of res judicata
d d d d d d d
2. Yes, stare decisis allows retrial
d d d d
3. Yes, because of the doctrine of precedent
d d d d d d
4. No, this is a landmark decision
d d d d d
Correct Answer: 1 d d
Rationale 1: Res judicata means “a thing or matter settled by judgment” and applies when a legal dispute has
d d d d d d d d d d d d d d d d d d
been decided by a competent court of jurisdiction. This doctrine prevents the same parties in the original lawsuit
d d d d d d d d d d d d d d d d d d
from retrying the same issues involved in the first lawsuit.
d d d d d d d d d d
Rationale 2: Stare decisis means to “let the decision stand” and is applied by courts of law in cases with similar
d d d d d d d d d d d d d d d d d d d d
fact patterns that have been previously decided by the court system.
d d d d d d d d d d d
Rationale 3: The doctrine of precedent means to “let the decision stand” and is applied by courts of law in cases
d d d d d d d d d d d d d d d d d d d d
with similar fact patterns that have been previously decided by the court system. Landmark decisions signify that
d d d d d d d d d d d d d d d d d
precedent is changed by the current court decision.
d d d d d d d d
Rationale 4: Landmark decisions signify that precedent is changed by the current court decision.
d d d d d d d d d d d d d
Global Rationale: d
Cognitive Level: Analyzing d d
Client Need: Safe Effective Care Environment
d d d d d
Client Need Sub: Management of Care
d d d d d
Nursing/Integrated Concepts: Nursing Process: Assessment d d d d
Learning Outcome: 1.2 Compare and contrast the doctrines of precedent (stare decisis) and res judicata.
d d d d d d d d d d d d d d
Question 3 d
Type:
d
MCSA
d
The circumstances of a lawsuit cause it to be under the jurisdiction of more than one court. In this case, the nurse
d d d d d d d d d d d d d d d d d d d d d
expects that which court will have the greatest personal jurisdiction?
d d d d d d d d d d
1. Federal Supreme Court d d
2. Federal district court d d
3. State supreme court d d
4. State trial court d d
Guido, dLegal dand dEthical dIssues din dNursing, d6 dedition, dTest
dBank
