Assignment: Legal Clinical Trial.
Assignment: Legal Clinical Trial.
NUR3826 Ethical and Legal Aspects of Nursing
Apparent consent occurs when the patient:
Agrees to participate in a clinical trial.
Is unable due to their condition to otherwise give consent.
Allows a family member to sign the informed consent form for him or her.
Extends an arm to allow blood to be taken.
Mr. Jones, hurt while working in a clothing factory, saw the occupational health nurse for his injury. The nurse bandaged his hand and instructed him to get a tetanus antitoxin injection at the physician’s office where the factory referred patients. He failed to follow the instructions and later developed tetanus. In the ensuing trial, the court should find that:
The nurse is liable, because he/she did not check to see that Mr. Jones followed his/her instructions.
The nurse is liable, because Mr. Jones is an adult and able to make his own decisions about health care matters.
The nurse is not liable for damages to Mr. Jones, because she has a right to expect that her instructions would be followed.
The nurse is not liable, because tetanus is preventable.
Consent, once validly given by a competent adult patient:
May not be revoked.
May be revoked only in writing if the original consent was written.
May be revoked at any time prior to the procedure or treatment being implemented.
May be revoked only if a second procedure supersedes the first procedure.
A nurse is preparing a patient for a procedure. The patient has signed a consent form, but states, “I don’t really know anything about this procedure. I wonder if there is something else I could do instead?” How should the nurse proceed?
Continue with the preparation as consent may not be revoked.
Have the patient document the question in writing since the original consent was written.
Stop the preparation as the patient can revoke consent at any time.
Try to convince the patient to go through with the procedure.
After shift change, a nurse calls back to the unit and speaks with the current attending nurse. The nurse reports that she forgot to document that the patient’s physician saw the patient an hour before shift change and asks the nurse to chart it for her in the medical record. What would be the best action of the attending nurse?
Refuse to document the information in the medical record.
Call the physician to verify the visit prior to documenting it.
Notify the supervisor of the unusual conduct of the nurse.
Go ahead and chart the telephone conversation.
A hospital’s policy states that a nurse must cosign all charts that licensed practical nurses complete. What is the effect of this policy on a nurse working on a busy medical floor?
It places the nurse in the position of endorsing and authenticating the entries made in the charts that he or she cosigns.
It gives legal proof that the nurse was in the hospital.
It is unclear whether there is any liability for the nurse.
It has no legal effect on the nurse in this type of unit.
A nurse is leaving the parking lot at the hospital and carelessly runs over a patient who was just discharged. Ironically, the nurse had been assigned to care for that patient that day. If the patient sues this nurse, which statement is true?
The nurse can be held liable for both negligence and malpractice.
The nurse can be held liable for negligence but not malpractice.
The nurse can be held liable for malpractice but not negligence.
The nurse cannot be held liable for either malpractice or negligence based upon this set of facts.
Circumstances that may be exceptions to obtaining informed consent include:
Emergency situation, therapeutic privilege, patient waiver, and prior patient knowledge.
Emergency situation, qualified privilege, patient waiver, and prior patient knowledge.
Emergency situation, therapeutic privilege, waiver by the patient or the staff, and prior patient knowledge.
Emergency situation, prior patient knowledge, therapeutic privilege, and patient inability to sign the form.
An angry patient had a pocket knife that he was using to keep others away from him and the nurse confiscated the pocket knife. The nurse’s best defense for the confiscation of the pocket knife would be:
Nursing students are frequently required to show proof of malpractice insurance before beginning their clinical experience. The reason for requiring malpractice insurance coverage for students in clinical settings is:
The law requires all students to have individual policies.
Nursing students are just as liable as registered nurses for acts of malpractice.
The cost of coverage is minimal and is fully tax deductible.
Students are more likely to give substandard care than registered nurses are.
The main purpose of documentation is to:
Communicate the patient’s condition to all members of the health care team.
Record patient information for future research studies.
Verify dates of patients’ admissions to health care institutions.
Ensure that all charges are validly documented and assessed to the patient for collection from third-party payers.
A patient on the medical-surgical unit became confused and dangerous to himself and others in the setting, restraints were applied, and the patient was confined to bed. The nurse’s best defense for applying the restraints would be:
If an adult patient is given treatment for which he or she has not previously consented, the health care provider administering the treatment may be held liable for:
Under a claims-made insurance policy, for which claim is the nurse protected?
Claims that were filed before the insurance coverage became active
Claims that are filed for incidents during the active period of the policy
Claims filed within a 30-day grace period before or after policy times
Claims for all future events, whether the policy is active at that time or not
If a nurse is named in a lawsuit and he or she has no professional malpractice insurance coverage, the nurse:
Is considered judgment-proof and will not be required to pay damages.
Can be held personally responsible for all damages assessed.
Can rely upon the hospital’s insurance policy as protection from personal financial responsibility.
Will be nonsuited from the filed lawsuit once this fact is known.
One of the more convincing arguments for having malpractice insurance is:
Having insurance assures that the nurse will not be named in lawsuits.
Having insurance makes it more costly for the plaintiff to file suit against the nurse.
Defending against a lawsuit is costly in today’s society.
Filing a lawsuit is costly in today’s society.
Which of the following situations would support a charge of malpractice against a professional nurse?
A failure on the part of the nurse to allay a patient’s fears.
A failure on the part of the nurse to exercise reasonable and prudent care in treating a patient.
A failure on the part of the nurse to establish a therapeutic relationship with the patient.
A failure on the part of the nurse to ensure that patients only received care for which they could pay.
An elderly patient is taken to CT scan and has a seizure violently hitting his head requiring sutures above the eyebrow. The next day, while the patient’s wife is visiting she is informed about the mishap and asks to see the incident report. Your first action should be to:
Show her the incident report immediately since she has power of attorney for the patient.
Tell her the incident report is only discoverable in some states and Florida is not one of them.
Notify the nurse manager and risk management immediately of the request.
Call the physician to go over the report with the patient and his family.
A nurse has decided to purchase individual professional liability insurance. The purchased policy states that coverage is only valid for suits filed while the policy is in effect. Which type of policy is reflected by this statement?
In caring for the suit-prone patient, one of the interventions that nurses should remember and use is:
Give the same compassionate, competent care that all patients receive.
Treat the patient in the same rude and hostile manner as the patient.
Avoid the patient if possible so that there will be less chance of saying the wrong thing or performing in an incompetent manner.
Assign the patient to a different nurse each shift, so that no one nurse will become the target of a lawsuit.
Assignment: Legal Clinical Trial.