TEST BANK
LEGAL & ETHICAL ISSUES IN NURSING
1|Page
, Table Of Contents
Part 1: Introduction To The Law And The Judicial Process
Chapter 1: Legal Concepts And The Judicial Process Chapter 2:
Anatomy Of A Lawsuit
Part 2: Ethics
Chapter 3: Introduction To Ethics
Chapter 4: Application Of Ethics In Nursing Practice Settings
Part 3: Liability Issues
Chapter 5: Standards Of Care
Chapter 6: Tort Law
Chapter 7: Nursing Liability: Defenses
Chapter 8: Informed Consent And Patient Self-Determination Chapter
9: Documentation And Confidentiality
Chapter 10: Professional Liability Insurance
Part 4: Impact Of The Law On The Professional Practice Of Nursing
Chapter 11: Nurse Practice Acts, Licensure, And The Scope Of Practice Chapter
12: Advanced Nursing Practice Roles
Chapter 13: Corporate Liability Issues And Employment Laws
Chapter 14: Federal Laws: The Americans With Disabilities Act Of 1990 And The Civil
Rights Act Of 1991
Chapter 15: Nursing Management And The Nurse-Managers
Chapter 16: Delegation And Supervision
Part 5: Impact Of The Law On Nursing In Selected Practice Settings
Chapter 17: Nursing In Acute Care Settings
Chapter 18: Nursing In Ambulatory And Managed Care Settings
Chapter 19: Public And Community Health Care
Chapter 20: Nursing In Long-Term Care Settings
2|Page
, Chapter 01: Legal Concepts And The Judicial Process
Question 1 Type: Mcsa
A Nurse Would Like To Advocate For A Modification Of The State’s Nursing Practice Act And
Believes The Best Strategy Is To Contact The Persons With Authority To Write And Change This
Statutory Law. Whom Should The Nurse Contact?
1. State Board Of Nursing
2. State Governor
3. State Legislature
4. State Nursing
Association Answer: 3
Rationale 1: State Boards Of Nursing Are Involved In The Implementation And Enforcement Of The
Nurse Practice Act But Not Charged With Writing The Law.
Rationale 2: Governors May Appoint Members Of Those On The State Board Of Nursing, But Are Not
Involved In Writing Nursing Practice Acts.
Rationale 3: State Legislative Bodies Create And Pass The Individual Nursing Practice Acts (Statutory
Laws) And Create State Boards Of Nursing Or State Boards Of Nurse Examiners (State Administrative
Agencies) To Implement And Enforce Those Acts.
Rationale 4: State Nursing Associations May Promote Or Seek To Change Nurse Practice Acts, But They
Cannot Do So Independently.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
3|Page
,Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 1.1 Define The Term Law And Describe Four Sources From Which Law Is Derived,
Including Constitutional, Statutory, Administrative, And Judicial (Decisional) Law.
Question 2 Type: Mcsa
A Patient Brought Suit Against A Hospital For Injuries Sustained In A Fall. The Case Went To Trial
And The Jury Found For The Hospital. Can The Patient Take This Same Suit And Evidence To Another
Trial Court In Hopes Of A Different Decision?
1. No, Because Of The Doctrine Of Res Judicata
2. Yes, Stare Decisis Allows Retrial
3. Yes, Because Of The Doctrine Of Precedent
4. No, This Is A Landmark
Decision Answer: 1
Rationale 1: Res Judicata Means “A Thing Or Matter Settled By Judgment” And Applies When A Legal
Dispute Has Been Decided By A Competent Court Of Jurisdiction. This Doctrine Prevents The Same
Parties In The Original Lawsuit From Retrying The Same Issues Involved In The First Lawsuit.
Rationale 2: Stare Decisis Means To “Let The Decision Stand” And Is Applied By Courts Of Law In Cases
With
Similar Fact Patterns That Have Been Previously Decided By The Court System.
Rationale 3: The Doctrine Of Precedent Means To “Let The Decision Stand” And Is Applied By Courts
Of Law In Cases With Similar Fact Patterns That Have Been Previously Decided By The Court System.
Landmark Decisions Signify That Precedent Is Changed By The Current Court Decision.
Rationale 4: Landmark Decisions Signify That Precedent Is Changed By The Current Court Decision.
Global Rationale:
Cognitive Level: Analyzing
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1.2 Compare And Contrast The Doctrines Of Precedent (Stare Decisis) And Res Judicata.
4|Page
,Question 3 Type: Mcsa
The Circumstances Of A Lawsuit Cause It To Be Under The Jurisdiction Of More Than One Court. In
This Case, The Nurse Expects That Which Court Will Have The Greatest Personal Jurisdiction?
1. Federal Supreme Court
2. Federal District Court
3. State Supreme Court
4. State Trial
Court Answer: 1
Rationale 1: The Federal Supreme Court Is The Highest Court In The Country And Its Decisions Will
Affect All Citizens. It Passes Across All State And Federal District Boundaries, Thus Having The
Highest Impact On People.
Rationale 2: Federal District Courts Are The First Of The Three Levels Of Federal Courts. They Are Not
The Courts With Widest Jurisdiction.
Rationale 3: The State Supreme Court Is The Final Authority For State Issues, Unless A Federal Issue Or
Constitutional Right Is Involved.
Rationale 4: A State Trial Court Is Often The First Court To Hear Legal Disputes. It Does Not Hold The
Widest Jurisdiction.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1.3 Define And Give An Application Of Jurisdiction And A Landmark Decision.
Question 4 Type: Mcsa
Several State Nursing Associations Are Working Together In An Attempt To Change A Constitutional Law.
These Associations Should Ask For Which Action On This Law?
1. Repeal
2. Expansion
5|Page
,3. Amendment
4. Redefinition
Answer: 3
Rationale 1: Statutory Laws Can Be Repealed, But Constitutional Laws Cannot.
Rationale 2: Statutory Laws And Administrative Bodies Can Be Expanded, But Constitutional Laws Cannot.
Rationale 3: Constitutional Law Is A System Of Fundamental Laws Or Principles For The Governance
Of A Nation, Society, Corporation, Or Other Aggregate Of Individuals. It Is The Highest Form Of
Statutory Law And Is Changed Only By Amendment.
Rationale 4: Administrative Bodies May Be Redefined, But Constitutional Laws Cannot.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 1.4 List Four Ways In Which Laws Can Be
Changed.
Question 5 Type: Mcsa
An Emergency Department Patient Was Injured While Attacking His Neighbor With A Knife. After
Treatment The Patient Was Arrested And Charged With Battery And Assault. Which Classification Or
Type Of Law Would Determine The Case Against This Defendant?
1. Criminal Law
2. Civil Law
3. Private Law
4. Constitutional Law
Answer: 1
Rationale 1: Criminal Law Is Appropriate In This Case Because The Act Against The Neighbor Was Of
A Nature That Was Offensive And Harmful.
Rationale 2: Civil Law Is Concerned With The Rights And Privileges Of A Citizen.
6|Page
,Rationale 3: Private Law Is Synonymous With Civil And Common Law And Is Not The Law Of Most
Importance In This Case.
Rationale 4: Constitutional Law Is A System Of Fundamental Laws And Principles For The Governance
Of A Nation.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1.5 Define Classifications Of Law, Including Common, Civil, Criminal, Public, And
Private Law.
Question 6 Type: Mcsa
A Person Who Was Injured In A Motor Vehicle Accident Sued The Driver To Recover Hospital Costs.
Which Type Of Law Would Be Enforced In This Situation?
1. Tort Law
2. Public Law
3. Constitutional Law
4. Procedural Law
Answer: 1
Rationale 1: Tort Law Is The Only Option That Has A Process For Allowing The Determination Of Damages
And Compensation For Damages In This Case Scenario. Tort Laws Govern Wrongful Acts That Are Harmful
To An Individual.
Rationale 2: Public Law Is The Branch Of Law Concerned With The State In Its Political Capacity. There Is
No Information In This Scenario To Indicate That A Criminal Offense Occurred.
Rationale 3: Constitutional Law Is A System Of Fundamental Laws Or Principles For The Governance
Of A Nation, Society, Corporation, Or Other Aggregate Of Individuals. The Purpose Of A Constitution Is
To Establish The Basis Of A Governing System.
Rationale 4: Procedural Law Concerns The Process And Rights Of The Individual Charged With Violating
Substantive Law, And Does Not Apply To This Situation.
7|Page
,Global Rationale:
Cognitive Level: Analyzing
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1.5 Define Classifications Of Law, Including Common, Civil, Criminal, Public, And
Private Law.
Question 7 Type: Mcsa
An Emergency Department Nurse Has Agreed To Testify As An Expert Witness In A Lawsuit Involving
A Child. The Opposing Attorney Questions The Nurse's Qualifications As A Pediatric Nurse. Which
Type Of Law Does This Scenario Reflect?
1. Due Process Of Law
2. Private Law
3. Substantive Law
4. Procedural Law
Answer: 4
Rationale 1: Due Process Of Law Applies Only To State Actions And Not To Actions Of Private Citizens.
Rationale 2: Private Law Is Synonymous With Civil Or Common Law.
Rationale 3: Substantive Law Concerns The Specific Wrong, Harm, Or Duty That Caused The Lawsuit
Or An Action To Be Brought Against An Individual.
Rationale 4: Procedural Law Concerns The Processes And Rights Of The Individual Charged With
Violating Substantive Law, And Includes Questions Of Admissibility Of Evidence And
Qualifications Of Expert Witnesses.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
8|Page
,Learning Outcome: 1.6 Distinguish Between Substantive And Procedural Law, And State Why Each Is
Important To Professional Nursing Practice.
Question 8 Type: Mcma
A Nurse Is Scheduled To Appear Before The State Board Of Nursing In Regard To Action Against The
Nurse's License. Which Occurrences Would Violate Due Process Of Law?
Note: Credit Will Be Given Only If All Correct Choices And No Incorrect Choices Are
Selected. Standard Text: Select All That Apply.
1. The Time Of The Hearing Was Changed Without Adequate Notice To The Nurse.
2. The Nurse Was Told The Meeting Was In Regard To A Complaint About The Agency Where
The Nurse Was Employed.
3. Other Nurses Involved In The Situation Leading To The Action Were Not Similarly Summoned
Before The Board.
4. The Nurse Was Suspended By Her Private Employer Pending Outcome Of This Action.
5. A Snow Storm Forced Postponement Of The Board Meeting Until Next Month.
Answer: 1,2
Rationale 1: The Nurse Must Be Given Adequate Notice Of Changes In The Hearing Schedule Or Due
Process Of Law Is Violated.
Rationale 2: The Nurse Must Be Given Proper Information About The Purpose Of The Meeting Or Due
Process Of Law Is Violated.
Rationale 3: Each Nurse’s Participation In This Situation Is Individual. Other Nurses May Not Have
Committed Actionable Offenses. If Their Actions Were Equally As Actionable, This Would Violate The
Equal Protection Of The Law Concept, Not Due Process Of Law.
Rationale 4: Due Process Of Law Applies Only To State Actions, Not To That Of Private Citizens.
Rationale 5: As Long As The Nurse Has Adequate Notice Of This Postponement, Due Process Of Law Is
Not Violated.
Global Rationale:
Cognitive Level: Analyzing
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
9|Page
, Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 1.7 Discuss Due Process And Equal Protection Of The Law.
Question 9 Type: Mcsa
A County-Supported Hospital Elects To Limit Surgical Procedures For Morbid Obesity To Male Patients.
Female Patients Receive Pharmacologic Therapy, Counseling, And Instruction For Diet And Exercise,
But Are Excluded From Operative Procedures. Under Which Legal Concept Is This Illegal?
1. Res Judicata
2. Due Process Of Law
3. Stare Decisis
4. Equal Protection Under The
Law Answer: 4
Rationale 1: Res Judicata Means “A Thing Or Matter Settled By Judgment” And Prevents The Same Parties In
The Original Lawsuit From Retrying The Same Issues Involved In The First Lawsuit.
Rationale 2: Due Process Of Law Ensures That Fair Procedures Are Followed In Enforcing Rules.
Rationale 3: The Doctrine Of Precedent, Or Stare Decisis, Means To “Let The Decision Stand” And Is
Applied By
Courts Of Law In Cases With Similar Fact Patterns That Have Been Previously Decided By The Court
System.
Rationale 4: Equal Protection Under The Law Holds That All Similarly Situated Persons Will Be
Affected Similarly.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 1.7 Discuss Due Process And Equal Protection Of The Law.
10 | P a g e
LEGAL & ETHICAL ISSUES IN NURSING
1|Page
, Table Of Contents
Part 1: Introduction To The Law And The Judicial Process
Chapter 1: Legal Concepts And The Judicial Process Chapter 2:
Anatomy Of A Lawsuit
Part 2: Ethics
Chapter 3: Introduction To Ethics
Chapter 4: Application Of Ethics In Nursing Practice Settings
Part 3: Liability Issues
Chapter 5: Standards Of Care
Chapter 6: Tort Law
Chapter 7: Nursing Liability: Defenses
Chapter 8: Informed Consent And Patient Self-Determination Chapter
9: Documentation And Confidentiality
Chapter 10: Professional Liability Insurance
Part 4: Impact Of The Law On The Professional Practice Of Nursing
Chapter 11: Nurse Practice Acts, Licensure, And The Scope Of Practice Chapter
12: Advanced Nursing Practice Roles
Chapter 13: Corporate Liability Issues And Employment Laws
Chapter 14: Federal Laws: The Americans With Disabilities Act Of 1990 And The Civil
Rights Act Of 1991
Chapter 15: Nursing Management And The Nurse-Managers
Chapter 16: Delegation And Supervision
Part 5: Impact Of The Law On Nursing In Selected Practice Settings
Chapter 17: Nursing In Acute Care Settings
Chapter 18: Nursing In Ambulatory And Managed Care Settings
Chapter 19: Public And Community Health Care
Chapter 20: Nursing In Long-Term Care Settings
2|Page
, Chapter 01: Legal Concepts And The Judicial Process
Question 1 Type: Mcsa
A Nurse Would Like To Advocate For A Modification Of The State’s Nursing Practice Act And
Believes The Best Strategy Is To Contact The Persons With Authority To Write And Change This
Statutory Law. Whom Should The Nurse Contact?
1. State Board Of Nursing
2. State Governor
3. State Legislature
4. State Nursing
Association Answer: 3
Rationale 1: State Boards Of Nursing Are Involved In The Implementation And Enforcement Of The
Nurse Practice Act But Not Charged With Writing The Law.
Rationale 2: Governors May Appoint Members Of Those On The State Board Of Nursing, But Are Not
Involved In Writing Nursing Practice Acts.
Rationale 3: State Legislative Bodies Create And Pass The Individual Nursing Practice Acts (Statutory
Laws) And Create State Boards Of Nursing Or State Boards Of Nurse Examiners (State Administrative
Agencies) To Implement And Enforce Those Acts.
Rationale 4: State Nursing Associations May Promote Or Seek To Change Nurse Practice Acts, But They
Cannot Do So Independently.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
3|Page
,Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 1.1 Define The Term Law And Describe Four Sources From Which Law Is Derived,
Including Constitutional, Statutory, Administrative, And Judicial (Decisional) Law.
Question 2 Type: Mcsa
A Patient Brought Suit Against A Hospital For Injuries Sustained In A Fall. The Case Went To Trial
And The Jury Found For The Hospital. Can The Patient Take This Same Suit And Evidence To Another
Trial Court In Hopes Of A Different Decision?
1. No, Because Of The Doctrine Of Res Judicata
2. Yes, Stare Decisis Allows Retrial
3. Yes, Because Of The Doctrine Of Precedent
4. No, This Is A Landmark
Decision Answer: 1
Rationale 1: Res Judicata Means “A Thing Or Matter Settled By Judgment” And Applies When A Legal
Dispute Has Been Decided By A Competent Court Of Jurisdiction. This Doctrine Prevents The Same
Parties In The Original Lawsuit From Retrying The Same Issues Involved In The First Lawsuit.
Rationale 2: Stare Decisis Means To “Let The Decision Stand” And Is Applied By Courts Of Law In Cases
With
Similar Fact Patterns That Have Been Previously Decided By The Court System.
Rationale 3: The Doctrine Of Precedent Means To “Let The Decision Stand” And Is Applied By Courts
Of Law In Cases With Similar Fact Patterns That Have Been Previously Decided By The Court System.
Landmark Decisions Signify That Precedent Is Changed By The Current Court Decision.
Rationale 4: Landmark Decisions Signify That Precedent Is Changed By The Current Court Decision.
Global Rationale:
Cognitive Level: Analyzing
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1.2 Compare And Contrast The Doctrines Of Precedent (Stare Decisis) And Res Judicata.
4|Page
,Question 3 Type: Mcsa
The Circumstances Of A Lawsuit Cause It To Be Under The Jurisdiction Of More Than One Court. In
This Case, The Nurse Expects That Which Court Will Have The Greatest Personal Jurisdiction?
1. Federal Supreme Court
2. Federal District Court
3. State Supreme Court
4. State Trial
Court Answer: 1
Rationale 1: The Federal Supreme Court Is The Highest Court In The Country And Its Decisions Will
Affect All Citizens. It Passes Across All State And Federal District Boundaries, Thus Having The
Highest Impact On People.
Rationale 2: Federal District Courts Are The First Of The Three Levels Of Federal Courts. They Are Not
The Courts With Widest Jurisdiction.
Rationale 3: The State Supreme Court Is The Final Authority For State Issues, Unless A Federal Issue Or
Constitutional Right Is Involved.
Rationale 4: A State Trial Court Is Often The First Court To Hear Legal Disputes. It Does Not Hold The
Widest Jurisdiction.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1.3 Define And Give An Application Of Jurisdiction And A Landmark Decision.
Question 4 Type: Mcsa
Several State Nursing Associations Are Working Together In An Attempt To Change A Constitutional Law.
These Associations Should Ask For Which Action On This Law?
1. Repeal
2. Expansion
5|Page
,3. Amendment
4. Redefinition
Answer: 3
Rationale 1: Statutory Laws Can Be Repealed, But Constitutional Laws Cannot.
Rationale 2: Statutory Laws And Administrative Bodies Can Be Expanded, But Constitutional Laws Cannot.
Rationale 3: Constitutional Law Is A System Of Fundamental Laws Or Principles For The Governance
Of A Nation, Society, Corporation, Or Other Aggregate Of Individuals. It Is The Highest Form Of
Statutory Law And Is Changed Only By Amendment.
Rationale 4: Administrative Bodies May Be Redefined, But Constitutional Laws Cannot.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 1.4 List Four Ways In Which Laws Can Be
Changed.
Question 5 Type: Mcsa
An Emergency Department Patient Was Injured While Attacking His Neighbor With A Knife. After
Treatment The Patient Was Arrested And Charged With Battery And Assault. Which Classification Or
Type Of Law Would Determine The Case Against This Defendant?
1. Criminal Law
2. Civil Law
3. Private Law
4. Constitutional Law
Answer: 1
Rationale 1: Criminal Law Is Appropriate In This Case Because The Act Against The Neighbor Was Of
A Nature That Was Offensive And Harmful.
Rationale 2: Civil Law Is Concerned With The Rights And Privileges Of A Citizen.
6|Page
,Rationale 3: Private Law Is Synonymous With Civil And Common Law And Is Not The Law Of Most
Importance In This Case.
Rationale 4: Constitutional Law Is A System Of Fundamental Laws And Principles For The Governance
Of A Nation.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1.5 Define Classifications Of Law, Including Common, Civil, Criminal, Public, And
Private Law.
Question 6 Type: Mcsa
A Person Who Was Injured In A Motor Vehicle Accident Sued The Driver To Recover Hospital Costs.
Which Type Of Law Would Be Enforced In This Situation?
1. Tort Law
2. Public Law
3. Constitutional Law
4. Procedural Law
Answer: 1
Rationale 1: Tort Law Is The Only Option That Has A Process For Allowing The Determination Of Damages
And Compensation For Damages In This Case Scenario. Tort Laws Govern Wrongful Acts That Are Harmful
To An Individual.
Rationale 2: Public Law Is The Branch Of Law Concerned With The State In Its Political Capacity. There Is
No Information In This Scenario To Indicate That A Criminal Offense Occurred.
Rationale 3: Constitutional Law Is A System Of Fundamental Laws Or Principles For The Governance
Of A Nation, Society, Corporation, Or Other Aggregate Of Individuals. The Purpose Of A Constitution Is
To Establish The Basis Of A Governing System.
Rationale 4: Procedural Law Concerns The Process And Rights Of The Individual Charged With Violating
Substantive Law, And Does Not Apply To This Situation.
7|Page
,Global Rationale:
Cognitive Level: Analyzing
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
Learning Outcome: 1.5 Define Classifications Of Law, Including Common, Civil, Criminal, Public, And
Private Law.
Question 7 Type: Mcsa
An Emergency Department Nurse Has Agreed To Testify As An Expert Witness In A Lawsuit Involving
A Child. The Opposing Attorney Questions The Nurse's Qualifications As A Pediatric Nurse. Which
Type Of Law Does This Scenario Reflect?
1. Due Process Of Law
2. Private Law
3. Substantive Law
4. Procedural Law
Answer: 4
Rationale 1: Due Process Of Law Applies Only To State Actions And Not To Actions Of Private Citizens.
Rationale 2: Private Law Is Synonymous With Civil Or Common Law.
Rationale 3: Substantive Law Concerns The Specific Wrong, Harm, Or Duty That Caused The Lawsuit
Or An Action To Be Brought Against An Individual.
Rationale 4: Procedural Law Concerns The Processes And Rights Of The Individual Charged With
Violating Substantive Law, And Includes Questions Of Admissibility Of Evidence And
Qualifications Of Expert Witnesses.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
Nursing/Integrated Concepts: Nursing Process: Assessment
8|Page
,Learning Outcome: 1.6 Distinguish Between Substantive And Procedural Law, And State Why Each Is
Important To Professional Nursing Practice.
Question 8 Type: Mcma
A Nurse Is Scheduled To Appear Before The State Board Of Nursing In Regard To Action Against The
Nurse's License. Which Occurrences Would Violate Due Process Of Law?
Note: Credit Will Be Given Only If All Correct Choices And No Incorrect Choices Are
Selected. Standard Text: Select All That Apply.
1. The Time Of The Hearing Was Changed Without Adequate Notice To The Nurse.
2. The Nurse Was Told The Meeting Was In Regard To A Complaint About The Agency Where
The Nurse Was Employed.
3. Other Nurses Involved In The Situation Leading To The Action Were Not Similarly Summoned
Before The Board.
4. The Nurse Was Suspended By Her Private Employer Pending Outcome Of This Action.
5. A Snow Storm Forced Postponement Of The Board Meeting Until Next Month.
Answer: 1,2
Rationale 1: The Nurse Must Be Given Adequate Notice Of Changes In The Hearing Schedule Or Due
Process Of Law Is Violated.
Rationale 2: The Nurse Must Be Given Proper Information About The Purpose Of The Meeting Or Due
Process Of Law Is Violated.
Rationale 3: Each Nurse’s Participation In This Situation Is Individual. Other Nurses May Not Have
Committed Actionable Offenses. If Their Actions Were Equally As Actionable, This Would Violate The
Equal Protection Of The Law Concept, Not Due Process Of Law.
Rationale 4: Due Process Of Law Applies Only To State Actions, Not To That Of Private Citizens.
Rationale 5: As Long As The Nurse Has Adequate Notice Of This Postponement, Due Process Of Law Is
Not Violated.
Global Rationale:
Cognitive Level: Analyzing
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
9|Page
, Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 1.7 Discuss Due Process And Equal Protection Of The Law.
Question 9 Type: Mcsa
A County-Supported Hospital Elects To Limit Surgical Procedures For Morbid Obesity To Male Patients.
Female Patients Receive Pharmacologic Therapy, Counseling, And Instruction For Diet And Exercise,
But Are Excluded From Operative Procedures. Under Which Legal Concept Is This Illegal?
1. Res Judicata
2. Due Process Of Law
3. Stare Decisis
4. Equal Protection Under The
Law Answer: 4
Rationale 1: Res Judicata Means “A Thing Or Matter Settled By Judgment” And Prevents The Same Parties In
The Original Lawsuit From Retrying The Same Issues Involved In The First Lawsuit.
Rationale 2: Due Process Of Law Ensures That Fair Procedures Are Followed In Enforcing Rules.
Rationale 3: The Doctrine Of Precedent, Or Stare Decisis, Means To “Let The Decision Stand” And Is
Applied By
Courts Of Law In Cases With Similar Fact Patterns That Have Been Previously Decided By The Court
System.
Rationale 4: Equal Protection Under The Law Holds That All Similarly Situated Persons Will Be
Affected Similarly.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management Of Care
Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 1.7 Discuss Due Process And Equal Protection Of The Law.
10 | P a g e
