ETHICAL AND LEGAL CONSIDERATIONS WITH QUESTIONS AND
ANSWERS
Decisions regarding the legality of licensed practical nurses administering intravenous therapy
established in the Nurse Practice Act are determined by which type of law?
a. Constitutional
b. Statutory
c. Regulatory
d. Case - -ANS: C
Regulatory law outlines how the requirements of statutory laws, such as the Nurse Practice Act, will be
met. Constitutional law defines powers of governments and responsibilities of elected officials. Judicial
decisions on specific court cases establish case law.
-If a nurse threatens to strike a patient while rushing toward the patient in an angry manner, which
intentional tort has been committed?
a. Assault
b. Battery
c. Negligence
d. Invasion of privacy - -ANS: A
Assault takes place when a threat of bodily harm is associated with a feeling of imminent harm and a
demonstration of force by the perpetrator. Actual physical harm must have occurred in order for the
offense to be considered battery. Negligence is an unintentional tort, and invasion of privacy relates to
disclosure of private information or simple intrusion into a person's personal space.
-If a student nurse is asked by a staff nurse to complete a patient care procedure that the student has
previously performed only in lab, what response by the student best exemplifies an ethical commitment
to both safe practice and learning?
a. Asking the staff nurse to perform the care procedure while the student observes
b. Locating the clinical instructor to provide the patient care procedure with student oversight
c. Reviewing the procedure prior to initiating the patient care with supervision of a registered nurse
d. Requesting the help of another student who has previously performed the patient care procedure - -
ANS: C
First reviewing the procedure and then completing it under the supervision of a registered nurse provide
for both the patient's safety and the student's learning. Students should take every opportunity to apply
their lab skills in real patient care settings. Asking the instructor or a fellow student to complete a
procedure that has already been practiced in lab does not indicate an ethical commitment to learning.
-If a student nurse overhears a peer speaking disrespectfully about a patient, nurse, faculty member, or
classmate, what is the most ethical first action for the student nurse to take?
a. Discuss the peer's actions during group clinical conference
b. Ignore the initial occurrence and observe if it happens again
c. Report the actions of the classmate to the clinical instructor
d. Speak to the peer privately to prevent further occurrences - -Answer: d
Alerting the peer who has acted disrespectfully in a private setting is the most professional way to
approach this situation. It is never appropriate for a professional to belittle or reprimand a peer in front
of others. Ignoring disrespectful behavior may only perpetuate its occurrence. Seeking help from a
, clinical instructor would be appropriate if the peer does not respond to the initial intervention from the
fellow student.
-If an adult patient is mentally incompetent to make personal health care decisions, to which aspect of a
patient's advance directives should the nurse refer first prior to seeking who is able to give informed
consent on the patient's behalf?
a. Living will
b. Health care proxy
c. Do not resuscitate orders
d. Durable power of attorney - -ANS: B
A patient's health care proxy specifies who is to make health care decisions for individuals who are
unable to comprehend information. It limits the scope of power of the designated individual to health
care and treatment decisions. If a patient has not established a health care proxy, then the nurse would
default to contacting a patient's durable power of attorney, who may be charged with the responsibility
of making all legal decisions on behalf of the patient. A living will specifies treatment desired by patients
if they are no longer capable of making decisions. Do not resuscitate orders are written by a patient's
primary health care provider in consultation with patients, their immediate family members, and/or
their health care proxy or durable power of attorney, if a health care proxy is not designated.
-In the United States, practicing nursing without a license is what type of offense?
a. Misdemeanor
b. Malpractice
c. Battery
d. Felony - -ANS: D
Practicing nursing without a license in the United States is a felony rather than a misdemeanor due to
the serious nature of the offense. Battery involves causing physical harm, which may not always occur as
a result of someone impersonating a nurse. Malpractice is professional negligence.
-Making prejudicial, untrue statements about another person during conversation may expose a nurse
to being charged with what offense?
a. Libel
b. Assault
c. Slander
d. Malpractice - -Answer: c
Conversation that includes prejudicial and false statements about another person is an example of oral
defamation of character or slander. Libel is the written form of defamation of character. Assault is a
threat of bodily harm accompanied by a sense of imminent danger. Malpractice is professional
negligence caused by unsafe practice.
-Nursing students are held to which standard by the Code of Ethics for Nurses? (Select all that apply.)
a. Clinical skills performance equal to that of an experienced nurse
b. Demonstration of respect for all individuals with whom the student interacts
c. Avoidance of behavior that shows disregard for the effect of those actions on others
d. Accepting responsibility for resolving conflicts in a professional manner
e. Incorporating families in patient care regardless of patient preference - -Answers: b, c, d
Nursing students are expected to demonstrate respect, avoid hurting others by their actions, and take
responsibility for resolving conflicts in a professional manner, much the same as professional nurses.
Student nurses are not required to perform clinical skills at the level of expertise exhibited by an
ANSWERS
Decisions regarding the legality of licensed practical nurses administering intravenous therapy
established in the Nurse Practice Act are determined by which type of law?
a. Constitutional
b. Statutory
c. Regulatory
d. Case - -ANS: C
Regulatory law outlines how the requirements of statutory laws, such as the Nurse Practice Act, will be
met. Constitutional law defines powers of governments and responsibilities of elected officials. Judicial
decisions on specific court cases establish case law.
-If a nurse threatens to strike a patient while rushing toward the patient in an angry manner, which
intentional tort has been committed?
a. Assault
b. Battery
c. Negligence
d. Invasion of privacy - -ANS: A
Assault takes place when a threat of bodily harm is associated with a feeling of imminent harm and a
demonstration of force by the perpetrator. Actual physical harm must have occurred in order for the
offense to be considered battery. Negligence is an unintentional tort, and invasion of privacy relates to
disclosure of private information or simple intrusion into a person's personal space.
-If a student nurse is asked by a staff nurse to complete a patient care procedure that the student has
previously performed only in lab, what response by the student best exemplifies an ethical commitment
to both safe practice and learning?
a. Asking the staff nurse to perform the care procedure while the student observes
b. Locating the clinical instructor to provide the patient care procedure with student oversight
c. Reviewing the procedure prior to initiating the patient care with supervision of a registered nurse
d. Requesting the help of another student who has previously performed the patient care procedure - -
ANS: C
First reviewing the procedure and then completing it under the supervision of a registered nurse provide
for both the patient's safety and the student's learning. Students should take every opportunity to apply
their lab skills in real patient care settings. Asking the instructor or a fellow student to complete a
procedure that has already been practiced in lab does not indicate an ethical commitment to learning.
-If a student nurse overhears a peer speaking disrespectfully about a patient, nurse, faculty member, or
classmate, what is the most ethical first action for the student nurse to take?
a. Discuss the peer's actions during group clinical conference
b. Ignore the initial occurrence and observe if it happens again
c. Report the actions of the classmate to the clinical instructor
d. Speak to the peer privately to prevent further occurrences - -Answer: d
Alerting the peer who has acted disrespectfully in a private setting is the most professional way to
approach this situation. It is never appropriate for a professional to belittle or reprimand a peer in front
of others. Ignoring disrespectful behavior may only perpetuate its occurrence. Seeking help from a
, clinical instructor would be appropriate if the peer does not respond to the initial intervention from the
fellow student.
-If an adult patient is mentally incompetent to make personal health care decisions, to which aspect of a
patient's advance directives should the nurse refer first prior to seeking who is able to give informed
consent on the patient's behalf?
a. Living will
b. Health care proxy
c. Do not resuscitate orders
d. Durable power of attorney - -ANS: B
A patient's health care proxy specifies who is to make health care decisions for individuals who are
unable to comprehend information. It limits the scope of power of the designated individual to health
care and treatment decisions. If a patient has not established a health care proxy, then the nurse would
default to contacting a patient's durable power of attorney, who may be charged with the responsibility
of making all legal decisions on behalf of the patient. A living will specifies treatment desired by patients
if they are no longer capable of making decisions. Do not resuscitate orders are written by a patient's
primary health care provider in consultation with patients, their immediate family members, and/or
their health care proxy or durable power of attorney, if a health care proxy is not designated.
-In the United States, practicing nursing without a license is what type of offense?
a. Misdemeanor
b. Malpractice
c. Battery
d. Felony - -ANS: D
Practicing nursing without a license in the United States is a felony rather than a misdemeanor due to
the serious nature of the offense. Battery involves causing physical harm, which may not always occur as
a result of someone impersonating a nurse. Malpractice is professional negligence.
-Making prejudicial, untrue statements about another person during conversation may expose a nurse
to being charged with what offense?
a. Libel
b. Assault
c. Slander
d. Malpractice - -Answer: c
Conversation that includes prejudicial and false statements about another person is an example of oral
defamation of character or slander. Libel is the written form of defamation of character. Assault is a
threat of bodily harm accompanied by a sense of imminent danger. Malpractice is professional
negligence caused by unsafe practice.
-Nursing students are held to which standard by the Code of Ethics for Nurses? (Select all that apply.)
a. Clinical skills performance equal to that of an experienced nurse
b. Demonstration of respect for all individuals with whom the student interacts
c. Avoidance of behavior that shows disregard for the effect of those actions on others
d. Accepting responsibility for resolving conflicts in a professional manner
e. Incorporating families in patient care regardless of patient preference - -Answers: b, c, d
Nursing students are expected to demonstrate respect, avoid hurting others by their actions, and take
responsibility for resolving conflicts in a professional manner, much the same as professional nurses.
Student nurses are not required to perform clinical skills at the level of expertise exhibited by an
