Nursing Test Banks
Chapter 20: Legal Issues
Chapter 20: Legal Issues
MULTIPLE CHOICE
1. A nurse is giving a presentation on malpractice. Which statement indicates the
nurse understands malpractice?
a. “The elements of duty, breach of duty, and patient injury must be present for a malpractice
claim.”
b. “Negligent nursing care and failure to follow standards must be present for a malpractice
claim.”
c. “Failure to report, defamation, and discrimination must be present for a malpractice claim.”
d. “Error in judgment and invasion of privacy must be present for a malpractice claim.”
ANS: A
There are three elements that must be present for a malpractice claim: (1) You must have a
duty—there must be a professional nurse–patient relationship. (2) You must have breached a
duty that was foreseeable—you must have fallen below the standard of care. (3) Your breach of
duty caused patient injury or damages. The other options do not indicate the nurse’s
understanding of malpractice.
PTS: 1 DIF: Cognitive Level: Application REF: p. 454
, OBJ: Be able to identify the elements of nursing malpractice and how they are proven in a
malpractice claim. TOP: Malpractice MSC: NCLEX®: Not applicable
2. In transcribing orders for a patient, the nurse finds a new order for aspirin, 500 mg, QID. The
patient has a long history of gastrointestinal bleeding. What is the best nursing action?
a. Give the medication.
b. Withhold the medication and chart why it was not given.
c. Call the physician and question the order in light of the patient’s history.
d. Ask if the patient is allergic to aspirin.
ANS: C
The nurse should call the physician and question the medication order for aspirin based on the
patient’s histo- ry of gastrointestinal (GI) bleeding. Claims involving medication errors are
augmented when the nurse fails to recognize side effects or contraindications or fails to know a
patient’s allergies. The nurse would withhold the medication until the physician is notified and
the order clarified. Giving the medication could cause the patient to start bleeding. Although
asking for allergies is an important nursing action, the important aspect in this situ- ation in the
medical history of GI bleeding.
PTS: 1 DIF: Cognitive Level: Application REF: p. 456
OBJ:Be able to identify the elements of nursing malpractice and how they are proven in a
malpractice claim.- TOP:Doctor’s orders
MSC:NCLEX®: Physiological integrity—pharmacological therapies
3. The nurse enters a patient’s room to complete the discharge paperwork and finds the patient in
tears. The patient reports that someone from the business office stated they could not leave the
hospital until the bill was paid. What is the best nursing action?
a. Comfort the patient and continue the preparations for discharge.
b. Call the social worker for a financial evaluation.
, c. Call the family to arrange for the payment.
d. Cancel the discharge plans and notify the physician of the situation.
ANS: A
The best action is to comfort the patient and continue the discharge preparations. If the patient’s
claim is accu- rate, this could be false imprisonment (wrongfully making someone believe that
they cannot leave a place). The nurse’s best action is to comfort the patient and continue the
discharge preparations. However, this should also be reported to the supervisor. Calling the
social worker or the contacting the family is not appropriate.
PTS: 1 DIF: Cognitive Level: Application REF: p. 472
OBJ:Incorporate an understanding of legal risks into your nursing practice and how to minimize
risks.TOP:False imprisonment
MSC: NCLEX®: Safe and effective care environment—management of care
4. What is a correct statement regarding a nurse who acts beyond the scope of practice?
a. Demonstrates what a good nurse he or she can be
b. Provides enriched services to patients who would not otherwise receive them
c. May make other nurses angry because of the increased expectations created
d. May be disciplined by the board of nursing
ANS: D
States may regulate nursing practice by controlling the scope of practice and determining the
specific activities for each level of nursing. In most states, the Nurse Practice Act provides
definitions and scope of practice for each level of nursing practice. The power of the board to
discipline can have an adverse effect on the nurse’s ability to practice. Practicing beyond the
scope of practice does not demonstrate what a good nurse the person is and does not provide
enriched services. Other nurses would not be angry at increased expectations but at the
foolishness of the nurse practicing beyond the scope of practice.
Chapter 20: Legal Issues
Chapter 20: Legal Issues
MULTIPLE CHOICE
1. A nurse is giving a presentation on malpractice. Which statement indicates the
nurse understands malpractice?
a. “The elements of duty, breach of duty, and patient injury must be present for a malpractice
claim.”
b. “Negligent nursing care and failure to follow standards must be present for a malpractice
claim.”
c. “Failure to report, defamation, and discrimination must be present for a malpractice claim.”
d. “Error in judgment and invasion of privacy must be present for a malpractice claim.”
ANS: A
There are three elements that must be present for a malpractice claim: (1) You must have a
duty—there must be a professional nurse–patient relationship. (2) You must have breached a
duty that was foreseeable—you must have fallen below the standard of care. (3) Your breach of
duty caused patient injury or damages. The other options do not indicate the nurse’s
understanding of malpractice.
PTS: 1 DIF: Cognitive Level: Application REF: p. 454
, OBJ: Be able to identify the elements of nursing malpractice and how they are proven in a
malpractice claim. TOP: Malpractice MSC: NCLEX®: Not applicable
2. In transcribing orders for a patient, the nurse finds a new order for aspirin, 500 mg, QID. The
patient has a long history of gastrointestinal bleeding. What is the best nursing action?
a. Give the medication.
b. Withhold the medication and chart why it was not given.
c. Call the physician and question the order in light of the patient’s history.
d. Ask if the patient is allergic to aspirin.
ANS: C
The nurse should call the physician and question the medication order for aspirin based on the
patient’s histo- ry of gastrointestinal (GI) bleeding. Claims involving medication errors are
augmented when the nurse fails to recognize side effects or contraindications or fails to know a
patient’s allergies. The nurse would withhold the medication until the physician is notified and
the order clarified. Giving the medication could cause the patient to start bleeding. Although
asking for allergies is an important nursing action, the important aspect in this situ- ation in the
medical history of GI bleeding.
PTS: 1 DIF: Cognitive Level: Application REF: p. 456
OBJ:Be able to identify the elements of nursing malpractice and how they are proven in a
malpractice claim.- TOP:Doctor’s orders
MSC:NCLEX®: Physiological integrity—pharmacological therapies
3. The nurse enters a patient’s room to complete the discharge paperwork and finds the patient in
tears. The patient reports that someone from the business office stated they could not leave the
hospital until the bill was paid. What is the best nursing action?
a. Comfort the patient and continue the preparations for discharge.
b. Call the social worker for a financial evaluation.
, c. Call the family to arrange for the payment.
d. Cancel the discharge plans and notify the physician of the situation.
ANS: A
The best action is to comfort the patient and continue the discharge preparations. If the patient’s
claim is accu- rate, this could be false imprisonment (wrongfully making someone believe that
they cannot leave a place). The nurse’s best action is to comfort the patient and continue the
discharge preparations. However, this should also be reported to the supervisor. Calling the
social worker or the contacting the family is not appropriate.
PTS: 1 DIF: Cognitive Level: Application REF: p. 472
OBJ:Incorporate an understanding of legal risks into your nursing practice and how to minimize
risks.TOP:False imprisonment
MSC: NCLEX®: Safe and effective care environment—management of care
4. What is a correct statement regarding a nurse who acts beyond the scope of practice?
a. Demonstrates what a good nurse he or she can be
b. Provides enriched services to patients who would not otherwise receive them
c. May make other nurses angry because of the increased expectations created
d. May be disciplined by the board of nursing
ANS: D
States may regulate nursing practice by controlling the scope of practice and determining the
specific activities for each level of nursing. In most states, the Nurse Practice Act provides
definitions and scope of practice for each level of nursing practice. The power of the board to
discipline can have an adverse effect on the nurse’s ability to practice. Practicing beyond the
scope of practice does not demonstrate what a good nurse the person is and does not provide
enriched services. Other nurses would not be angry at increased expectations but at the
foolishness of the nurse practicing beyond the scope of practice.
