NCLEX - LEGAL & ETHICAL, NURSING
JURISPRUDENCE: LEGAL AND ETHICAL
CONSIDERATIONS NCLEX PRACTICE QUIZ,
LEGAL AND ETHICAL ISSUES IN NURSING,
NCLEX QUESTIONS & ANSWERS TEST BANK
friend call about patient concerned about patient and you tell them. Is this a violation of HIPAA? - ANS-
YES.
Nurse allows a staff member to draw blood for lab. Is this a violation of HIPAA? - ANS-NO.
Patient doing cocaine & using cocaine during her pregnancy. She asks you not to tell anyone b/c her
husband is unaware of it. (select all that applies)
A) yes. she has the right for confidentiality
B) share the info w/ the doctor only
C) yes. record on patient's record.
D) mother would be separated from the mom - ANS-A) yes. she has the right for confidentiality
B) share the info w/ the doctor only
Failure to raise a side rail up is considered which malpractice? - ANS-breach of duty
A attorney charged a nurse with manslaughter because she poisoned her patient with a lethal
medication. What type of law is this? - ANS-criminal law
Who's responsible of wrong medication by physician order? - ANS-both the nurse and doctor
The RN employed in a medical center in a large metropolitan area was asked to resign after consistently
failing to report changes in client status to the health care provider. The RN subsequently applied for a
staff nurse position in another hospital. Which action is best for the nurse manager to take when the
new employer asks for a reference?
A) consult an attorney
,B) inform the potential employer that the nurse resigned
C) inform the new employer about occurrences
D) ignore the request for reference - ANS-C) inform the new employer about occurrences
The nurse reviews informed consent with a group of nursing students. Which conditions must the
informed consent meet to be valid?
(select all that applies)
A) there is adequate disclosure
B) the nurse explains the procedure to the client
C) the informed consent is given voluntarily
D) the client has the opportunity to rescind.
E) the client has sufficient comprehensions.
F) the client is under the influence of morphine - ANS-A) there is adequate disclosure
C) the informed consent is given voluntarily
E) the client has sufficient comprehensions.
The nurse notices a patient dx w/ major depression crying in the day room. The nurse puts her hand
over the patient's shoulder and states, "Let's talk about it." Which of the following ethical principles
describes the nurse's action?
A) Autonomy
B) Veracity
C) Nonmaleficence
D) Beneficence - ANS-D) Beneficence
On the morning before surgery, the client signs an operative consent form. Soon afterward, the client
tells the nurse that the client does not want the surgery. Which action does the nurse take first?
A) notifies the health care provider of the client's decision.
B) informs the client the decision has delayed the operating room schedule.
C) encourages the client to discuss reasons for canceling the surgery
D) asks the client's family to encourage the client to have the surgery - ANS-C) encourages the client to
discuss reasons for canceling the surgery
A nurse approaches the nurse manager to ask for a raise. After some discussion about why the nurse
feels a raise is warranted, the nurse manager suggests they discuss the raise further over dinner. The
nurse refuses, and the nurse manager replies, "No dinner, no raise." Which action does the nurse take
first?
A) immediately document the incident
B) immediately report the incident to the supervisor
C) immediately inform the nurse manager that the nurse does not want to go out to dinner.
D) immediately contact the nurse's family - ANS-C) immediately inform the nurse manager that the
nurse does not want to go out to dinner.
The student nurse discusses causes of malpractice suits with the instructor. The instructor intervenes if
the student include which occurrence as an example of malpractice?
,A) failure to warn a potential employer of an RN's incompetence.
B) failure to staff a unit adequately
C) failure to ensure that nurses are practicing in a competent manner
D) failure to document within 30 minutes after a change in the client condition - ANS-D) failure to
document within 30 minutes after a change in the client condition
The nurse understands that risk management, within the context of managed care, focuses on which
principle?
A) educate clients about managing risk factors that would predispose to certain health conditions.
B) teach employees how to take risks safely in their personal and professional lives.
C) propose risk taking activities for the institution that will enhance its public image
D) prevent and minimize institutional and treatment factors that could lead to legal liability. - ANS-D)
prevent and minimize institutional and treatment factors that could lead to legal liability.
The nursing instructor discusses perioperative care. Which statement best describes informed consent?
A) informed consent is required for every invasive procedure done in the hospital.
B) informed consent is obtained before major invasive (surgical) procedures.
C) informed consent is implied when the client signs the admission papers.
D) informed consent is not necessary for surgical or invasive hospital procedures. - ANS-B) informed
consent is obtained before major invasive (surgical) procedures.
When witnessing the client's signature during informed consent, it is most important for the nurse to
make which assessment?
A) does the client understand the procedure?
B) does the client have any questions?
C) does the client give consent voluntarily?
D) is the client about to write the name? - ANS-C) does the client give consent voluntarily?
The nurse reporting suspected child abuse is legally operating under which cope?
A) good samaritan
B) duty to disclose
C) discretionary powers
D) expert witness - ANS-B) duty to disclose
The parents of an adult child have just been informed that the client will die shortly. The parents do not
wont the nurse to discuss the situation with the client. The nurse states, "I will be truthful." The nurse's
action is based on which ethical concept?
A) beneficence
B) autonomy
C) veracity
D) nonmaleficence - ANS-C) veracity
, The healthcare provider asks the nurse to assist in obtaining informed consent for a procedure from the
client. Which action does the nurse take to obtain informed consent form the client who is declared
mentally incompetent?
A) contact the client's next of kin to obtain consent.
B) consult with the client's psychiatrist to determine if the client is able to sign the form.
C) contact the client's legal guardian or health care surrogate.
D) have the client's health care provider obtain informed consent from the client. - ANS-C) contact the
client's legal guardian or health care surrogate.
When an older nurse complains to a younger nurse that nurses just aren't ethical anymore, which reply
reflects the best understanding of moral development?
A) "behaving ethically develops gradually from childhood; maybe my generation doesn't value this
enough to develop"
B) "I don't agree that nurses were more ethical in the past It's a new age and the ethics are new!"
C) "Ethics is genetically determined... it's like having blue or brown eyes. Maybe were evolving out of the
ethical sense your generation had."
D) "I agree! It's impossible to be ethical when working in a practice setting like this!" - ANS-A) "behaving
ethically develops gradually from childhood; maybe my generation doesn't value this enough to
develop"
A home health nurse who performs a careful assessment of the home of a frail elderly patient to
prevent harm to the patient is acting in accordance with which of the principles of bioethics?
A) autonomy
B) beneficence
C) justice
D) fidelity
E) nonmaleficence - ANS-E) nonmaleficence
A professional nurse committed to the principle of autonomy would be careful to?
A) provide the info. and support a patient needed to make decisions to advance one's own interest.
B) treat each patient fairly, trying to give everyone his or her due.
C) keep any promises made to a patient or another professional caregiver
D) keep any promises made to a patient or another professional caregiver
D) avoid causing harm to a patient. - ANS-A) provide the info. and support a patient needed to make
decisions to advance one's own interest.
Janie wants to call an ethics consult to clarify treatment goals for a patient no longer able to speak for
himself. She believes his dying is being prolonged painfully. She is troubled when the patient's doctor
tells her that she'll be fired if she raises questions about his care or calls the consult. This is a good
example of:
A) ethical uncertainty
B) ethical distress
C) ethical dilemma
JURISPRUDENCE: LEGAL AND ETHICAL
CONSIDERATIONS NCLEX PRACTICE QUIZ,
LEGAL AND ETHICAL ISSUES IN NURSING,
NCLEX QUESTIONS & ANSWERS TEST BANK
friend call about patient concerned about patient and you tell them. Is this a violation of HIPAA? - ANS-
YES.
Nurse allows a staff member to draw blood for lab. Is this a violation of HIPAA? - ANS-NO.
Patient doing cocaine & using cocaine during her pregnancy. She asks you not to tell anyone b/c her
husband is unaware of it. (select all that applies)
A) yes. she has the right for confidentiality
B) share the info w/ the doctor only
C) yes. record on patient's record.
D) mother would be separated from the mom - ANS-A) yes. she has the right for confidentiality
B) share the info w/ the doctor only
Failure to raise a side rail up is considered which malpractice? - ANS-breach of duty
A attorney charged a nurse with manslaughter because she poisoned her patient with a lethal
medication. What type of law is this? - ANS-criminal law
Who's responsible of wrong medication by physician order? - ANS-both the nurse and doctor
The RN employed in a medical center in a large metropolitan area was asked to resign after consistently
failing to report changes in client status to the health care provider. The RN subsequently applied for a
staff nurse position in another hospital. Which action is best for the nurse manager to take when the
new employer asks for a reference?
A) consult an attorney
,B) inform the potential employer that the nurse resigned
C) inform the new employer about occurrences
D) ignore the request for reference - ANS-C) inform the new employer about occurrences
The nurse reviews informed consent with a group of nursing students. Which conditions must the
informed consent meet to be valid?
(select all that applies)
A) there is adequate disclosure
B) the nurse explains the procedure to the client
C) the informed consent is given voluntarily
D) the client has the opportunity to rescind.
E) the client has sufficient comprehensions.
F) the client is under the influence of morphine - ANS-A) there is adequate disclosure
C) the informed consent is given voluntarily
E) the client has sufficient comprehensions.
The nurse notices a patient dx w/ major depression crying in the day room. The nurse puts her hand
over the patient's shoulder and states, "Let's talk about it." Which of the following ethical principles
describes the nurse's action?
A) Autonomy
B) Veracity
C) Nonmaleficence
D) Beneficence - ANS-D) Beneficence
On the morning before surgery, the client signs an operative consent form. Soon afterward, the client
tells the nurse that the client does not want the surgery. Which action does the nurse take first?
A) notifies the health care provider of the client's decision.
B) informs the client the decision has delayed the operating room schedule.
C) encourages the client to discuss reasons for canceling the surgery
D) asks the client's family to encourage the client to have the surgery - ANS-C) encourages the client to
discuss reasons for canceling the surgery
A nurse approaches the nurse manager to ask for a raise. After some discussion about why the nurse
feels a raise is warranted, the nurse manager suggests they discuss the raise further over dinner. The
nurse refuses, and the nurse manager replies, "No dinner, no raise." Which action does the nurse take
first?
A) immediately document the incident
B) immediately report the incident to the supervisor
C) immediately inform the nurse manager that the nurse does not want to go out to dinner.
D) immediately contact the nurse's family - ANS-C) immediately inform the nurse manager that the
nurse does not want to go out to dinner.
The student nurse discusses causes of malpractice suits with the instructor. The instructor intervenes if
the student include which occurrence as an example of malpractice?
,A) failure to warn a potential employer of an RN's incompetence.
B) failure to staff a unit adequately
C) failure to ensure that nurses are practicing in a competent manner
D) failure to document within 30 minutes after a change in the client condition - ANS-D) failure to
document within 30 minutes after a change in the client condition
The nurse understands that risk management, within the context of managed care, focuses on which
principle?
A) educate clients about managing risk factors that would predispose to certain health conditions.
B) teach employees how to take risks safely in their personal and professional lives.
C) propose risk taking activities for the institution that will enhance its public image
D) prevent and minimize institutional and treatment factors that could lead to legal liability. - ANS-D)
prevent and minimize institutional and treatment factors that could lead to legal liability.
The nursing instructor discusses perioperative care. Which statement best describes informed consent?
A) informed consent is required for every invasive procedure done in the hospital.
B) informed consent is obtained before major invasive (surgical) procedures.
C) informed consent is implied when the client signs the admission papers.
D) informed consent is not necessary for surgical or invasive hospital procedures. - ANS-B) informed
consent is obtained before major invasive (surgical) procedures.
When witnessing the client's signature during informed consent, it is most important for the nurse to
make which assessment?
A) does the client understand the procedure?
B) does the client have any questions?
C) does the client give consent voluntarily?
D) is the client about to write the name? - ANS-C) does the client give consent voluntarily?
The nurse reporting suspected child abuse is legally operating under which cope?
A) good samaritan
B) duty to disclose
C) discretionary powers
D) expert witness - ANS-B) duty to disclose
The parents of an adult child have just been informed that the client will die shortly. The parents do not
wont the nurse to discuss the situation with the client. The nurse states, "I will be truthful." The nurse's
action is based on which ethical concept?
A) beneficence
B) autonomy
C) veracity
D) nonmaleficence - ANS-C) veracity
, The healthcare provider asks the nurse to assist in obtaining informed consent for a procedure from the
client. Which action does the nurse take to obtain informed consent form the client who is declared
mentally incompetent?
A) contact the client's next of kin to obtain consent.
B) consult with the client's psychiatrist to determine if the client is able to sign the form.
C) contact the client's legal guardian or health care surrogate.
D) have the client's health care provider obtain informed consent from the client. - ANS-C) contact the
client's legal guardian or health care surrogate.
When an older nurse complains to a younger nurse that nurses just aren't ethical anymore, which reply
reflects the best understanding of moral development?
A) "behaving ethically develops gradually from childhood; maybe my generation doesn't value this
enough to develop"
B) "I don't agree that nurses were more ethical in the past It's a new age and the ethics are new!"
C) "Ethics is genetically determined... it's like having blue or brown eyes. Maybe were evolving out of the
ethical sense your generation had."
D) "I agree! It's impossible to be ethical when working in a practice setting like this!" - ANS-A) "behaving
ethically develops gradually from childhood; maybe my generation doesn't value this enough to
develop"
A home health nurse who performs a careful assessment of the home of a frail elderly patient to
prevent harm to the patient is acting in accordance with which of the principles of bioethics?
A) autonomy
B) beneficence
C) justice
D) fidelity
E) nonmaleficence - ANS-E) nonmaleficence
A professional nurse committed to the principle of autonomy would be careful to?
A) provide the info. and support a patient needed to make decisions to advance one's own interest.
B) treat each patient fairly, trying to give everyone his or her due.
C) keep any promises made to a patient or another professional caregiver
D) keep any promises made to a patient or another professional caregiver
D) avoid causing harm to a patient. - ANS-A) provide the info. and support a patient needed to make
decisions to advance one's own interest.
Janie wants to call an ethics consult to clarify treatment goals for a patient no longer able to speak for
himself. She believes his dying is being prolonged painfully. She is troubled when the patient's doctor
tells her that she'll be fired if she raises questions about his care or calls the consult. This is a good
example of:
A) ethical uncertainty
B) ethical distress
C) ethical dilemma
