Legal (7)

1.

1 point

process of identifying, analyzing, and controlling risks posed to patients; involves human factor and incident analysis, changes in systems operations, and loss control and prevention.

Risk Management

Disclosure

Comparative negligence

Nursing process

2.

1 point

** Test 2 ? Employer Liability Test ? -Could a hospital be found liable for negligence when its employees failed to adhere to the explicit falls policy?

** Yes through vicarious liability when a hospital employee expressly violates the institutions own policy it is evidence of negligence b/c the hospital has some control over its workers

False

3.

1 point

In civil cases, the legal criteria against which the nurse's (and physician's) conduct is compared to determine whether a negligent act or malpractice occurred; commonly defined as the knowledge and skill that an ordinary, reasonably prudent person would possess and exercise in the same or similar circumstances.

Nurse Practice Act

Standard of Care

Gross negligence

ANA Code of Ethics

4.

1 point

Written or Verbal instructions created by patient describing specific wishes about medical care in the event he or she becomes incapacitated or incompetent. Ex: living wills and durable powers of attny

Advance Directives

Wish List

DNR

Wishful thinking

5.

1 point

laws that establish the qualifications for obtaining and maintaining a license to perform particular services. Persons and institutions may be required to obtain a license to provide particular health care services

Regulatory laws

Licensing laws

Nurse Practice Act

General statutes

6.

1 point

Which provision of the ANA Code of Ethics deals w/impaired prax?

provision 3.6

7.

1 point

SLO #2 ANA Code of Ethics-standards of behavior

1. A nurse, in all professional relationships, practices with compassion and respect for the inherent dignity, worth, and uniqueness of every individual, unrestricted by considerations of social or economic status, personal attributes, or the nature of health problems.

2. N primary commitment to patient whether an individual, group, family, or community

3. N promotes, advocates for and strives to protect the health, safety, and rights of the patient

4. N is responsible and accountable for individual nursing practice and determines the appropriate delegation of tasks consistent w/N's obligation to provide optimum patient care

5. N owes same duties to self as others, including the responsibility to preserve integrity and safety, to maintain competence, and to continue personal and professional growth.

6. N participates in establishing, maintaining, and improving HC environments and conditions of employment conducive to the provision of quality healthcare and consistent with the values of the profession through individual and collective action.

7. N participates in the advancement of the profession through contributions to practice, education, administration, and knowledge development.

8. N collaborates with other health professionals and the public in promoting community, national, and international efforts to meet health needs.

9. The profession of Nursing, as represented by associations and their members is responsible for articulating nursing values, for maintaining the integrity of its practice, and for shaping social policy.

8.

1 point

An unintended adverse outcome that results in death, paralysis, coma, or other major permanent loss of function. Ex: patient suicide while in a licensed health care facility, surgical procedure on the wrong organ, or body side, or a patient fall.

Sentinel Event

Preventable adverse event

Adverse Event

Near Miss

9.

1 point

The complaining person in a lawsuit, the person who claims he or she was injured by the acts of another.

F. Lee Bailey

Plaintiff

Defendant

Respondent

11.

1 point

Legal doctrine applicable to cases in which the provider (i.e., the physician) had exclusive control of events that resulted in the patient's injury; the injury would not have occurred ordinarily without a negligent act; a Latin phrase meaning "the thing speaks for itself."

Strict liability

Vicarious liability

Res ipsa loquitor

Respondent superior

12.

1 point

T/F Nurses have a legal obligation to report critical incidents to their Nurse Managers, agency administration, and the risk manager through a formal intra-agency document titled the "Unusual Occurrence Report" or "Incident Report" Cherry p. 173

True

False

13.

1 point

legal concept that means extreme carelessness, showing willful or reckless disregard for the consequences to a person (patient)

Comparative negligence

liability

Gross negligence

Criminal negligence

14.

1 point

Could a charge nurse be liable for failing to train a nurse?

No, Charge Nurses are not responsible for training, Charge Nurses are responsible for Identifying and using Chain of Command to report weaknesses

Yes

15.

1 point

monetary compensation the court orders paid to a person who has sustained a loss or injury to his or her person or property through the misconduct (intentional or unintentional) of another

Fine

Damages

Judgement

16.

1 point

Failure to act in a manner that an ordinary, prudent person (either layperson or professional) would act in similar circumstances, resulting in harm. The failure to act in a reasonable and prudent manner is unintentional.

Assault

Malpractice

Negligence

Battery

17.

1 point

** Test 2 ? about Nurse not stopping to help person having seizure.
Answer: B/c Nurse owed no duty to patient. In order to prove negligence or malpractice the following elements must be met:

N owed pt duty based on N-P relationship (rel estab when Nurse accepts assignment)

Evid is produced to prove Nurse breached duty by breaching standard of care as mandated by multiple sources

Actual harm or damage is suffered by pt.

Causal connection between breach in the standard of care by the Nurse and the patient's injury

18.

1 point

type of liability in which damages may be apportioned among two or more defendants in a malprax case. The extent of liability depends on the defendant's relative contribution the patient's injury

Liability

Comparative negligence

Gross negligence

Criminal negligence

19.

1 point

** Test 2 ?
In Malpractice cases, failure to adhere to the NPA (a law) and the
administrative rules and regulations of the licensing board constitute ...
Cherry p 170

malpractice

**negligence per se (negligence as a matter of law)

Criminal negligence

Gross negligence

20.

1 point

** Test 2 ?-legal doctrine in which a person or institution is liable for the negligent acts of another because of a special relationship between the two parties; a substituted liability.

Liability

**Vicarious liability

Comparative negligence

Strict liability

21.

1 point

Failure of a professional to meet the standard of conduct that a
reasonable and prudent member of his or her profession would exercise in similar circumstances that results in harm.

**The professional's misconduct is unintentional.

Negligence

Malpractice

Tort

Battery

22.

1 point

**Test 2 ? -Good facts to remember re: Medical-Legal incidents in Risk Management

Never chart pt, non-compliant, Chart what care you provided

Never give info over phone if pt has been d/c( b/c you have not place to document what you said)

Chart what pt. said in "quotes"

Chart what pt. provided,

**Fill Out Incident Report if patient expresses dissatisfaction with care

23.

1 point

** Test 2 ? Possibly Select All that Apply
Personal liability for team leads and managers Cherry p. 168

Reporting of team member performance deficits

Triage of staff/equipment

**Supporting or invoking the chain of command process when indicated

Supervision of subordinates

**Delegation of patient care tasks

Held to Standard of Care of reasonably prudent supervisor

24.

1 point

**Test 2 ? Select All that Apply
Before accepting an assignment as a Charge Nurse, what should be reviewed? Cherry p. 168

**Detailed job descriptions, including how responsibilities are limited when the nurse is charging on an unfamiliar floor/unit

**Job descriptions for team members assigned delegated tasks

**Validated proof of competence before team leading independently

**Guidelines regarding PERSONAL PATIENT CARE ASSIGNMENT when also serving as team lead

**Chain of Command model for facility, dept, or unit

25.

1 point

category of law (tort law) that deals with conduct considered unacceptable. It is based on societal expectations regarding interpersonal conduct. Common causes of civil litigation professional malprax, negligence, and assault and battery

Case law

Common law

Civil law

26.

1 point

individual who is named in a plaintiff's complaint as responsible for an injury; the person who the plaintiff claims committed a negligent act or malprax

Plaintiff

Defendant

27.

1 point

Body of written opinions created by judges in federal and state appellate cases; also known as judge-made law and common law

Civil law

Common law

Case law

28.

1 point

Personal Liability Test ? - In Mobile Infirmary Medical Center v. Hodgen a patient suffered harm after receiving too much Digoxin from an unlicensed new grad, being precepted for the first time by a nurse w/7 mo. experience. The preceptor was assigned to the graduate nurse by the charge nurse. Who was negligent?

New Grad for administering 5x the amount of Digoxin

Preceptor-for not supervising the new grad when she administered the drug especially since she had never worked w/the New grad before

Charge Nurse for assigning a Novice nurse as a preceptor and for failing to give her explicit instructions regarding the level of supervision required in the circumstances

29.

1 point

Monetary compensation awarded to an injured person (patient) that goes beyond that which is necessary to compensate for losses (e.g., the ability to function, death, income) and is intended to punish the wrongdoer.

Punitive damages

Judgment

Verdict

Acquittal

30.

1 point

process in which the plaintiff's primary provider (physician or APN) gives patient, and when applicable, family members, complete information about unanticipated adverse outcomes of treatment and care.

Discovery

Disclosure

Informed Consent

Investigation

31.

1 point

being legally responsible for harm caused to another person or property as a result of one's actions;
-compensation for harm normally is paid in monetary damages

Scope of Practice

Liability

Strict liability

Corporate liability

32.

1 point

**Think there was 1 test ? on test 2 about filling out an Incident Report quickly??SLO #7 Steps used in incident reporting and appropriate situations for using this tool.

1. Discovery-any person may report actual/potential risk

**2. Notification-RM receives completed report w/I 24hrs

3. Investigation-RM or rep investigates incident immediately

4. Consultation-RM consults w/RM Team to obtain addl info/guidance

5. Action-RM explains any misinformation w/pt. and family, explaining exactly what happened-Pt should be referred to appropriate care for free and

6. Recording-RM should be sure all records, including incident reports, follow-up, and actions taken, if any are filed in a central depository

33.

1 point

Legal doctrine that holds an employer responsible for the negligent acts of employees carried out within the scope of employment; a Latin phrase meaning "let the master answer."

Res ipsa loquitor

Respondent superior

Strict liability

Vicarious liability

34.

1 point

an instrument that authorizes another person to act as one's agent in decisions regarding health care if the person becomes incompetent to make his/her own decisions

Living Will

Durable Power of Attorney for health care

DNR

35.

1 point

**Test 2 ? Select All that Apply SLO #6 5 Categories of Risk dealt with in Risk Management

Medication incidents-reportable incident occurs when a drug is admin that does not follow the rights of medication administration is a reportable incident

Dx incident-Any incident occurring before, during, or after a procedure is a reportable incident

**Medical-Legal Incident-If a pt./family refuses legal trmt as ordered and prescribed or refuses to sign consent forms

**Falls

**Pt/Family Dissatisfaction w/Care Incidents-When a patient or family indicates general dissatisfaction with care and the situation cannot be or has not been resolved

36.

1 point

law created through the decision of judges as opposed to laws enacted by legislative bodies (Congress)

Common law

Criminal law

Case law

Civil law

37.

1 point

** Definite Test 2 ? - Employer liability ? -Could a hospital and nurses be responsible for punitive damages for the if the physician failed to administer appropriate seizure and BP lowering meds? Cherry p. 171

Nurses liable for not questioning the lack of orders

Court considered this reckless indifference to the patient's safety and health and held BOTH NURSES AND HOSPITAL LIABLE for patient death

Nurses responsible for failing to advocate for patient by invoking the chain of command

38.

1 point

injury caused by medical management rather than the patient's underlying condition. An adverse event attributable to error is a______.

Sentinel Event

Near Miss

Preventable adverse event

Near Little Miss Sunshine

39.

1 point

What do Nurses have to report in regards to Whistleblowing?

1. Endangering a patient's health or safety

2. Abusing Authority

3. Violating laws, rules, regulations, or standards of professional ethics (Must know code of ethics to know if violations are occurring)

4. Grossly wasting funds

40.

1 point

**Test 2 ? -Obligation to Report
and **Test 2 ? -What provides immunity to Nurses? Answer: NPA 90-17.4

**NPA 90-17.4 Reports Immunity from suit

**ANA-Provision 3.5-N have oblig to report

41.

1 point

negligence that indix "reckless and wanton" disregard for the safety, well-being, or life of an individual. Behavior that demonstrates a complete disregard for another, such that death is likely

Criminal negligence

Comparative negligence

Blatant negligence

Gross negligence

42.

1 point

** Test 2 ? Employers will likely be named in any lawsuit under this___________ if the team lead or manager offered negligent advice. Cherry p. 170

**Vicarious liability

respondent superior

res ipsa loquitor

43.

1 point

law enacted by a legislative body; separate from judge-made or common law.

Case law

Statute or Statutory Law

Civil law

Common law

44.

1 point

**Test 2 ? List 2/5 Recommendations from the Lachman article on Whistleblowing

Develop a code of conduct or credo that emphasizes the values guiding the organization and for which there is no compromise.-J&J Tylenol incident

Develop an organizational ethics committee whose mission is to create whatever infrastructures are necessary to have organizational values at the center of all dealings.

**Ongoing educational forums should incorporate education on organizational ethical issues.-autonomy of pt example Advance Directives

Get aggressive about passivity-role of each employee in supporting an ethical climate-education on conflict resolution and recognized reporting system are necessary

**Establish a clear, published procedure for all individuals to follow when they believe the present practice is irreconcilable with the organization's values and principles of care. ex: hotline, ombudsperson

45.

1 point

failure of a planned action to be completed as intended or
the use of a wrong plan to achieve a specific aim

Sentinel Event

Error

Adverse Event

Liability

46.

1 point

When it comes to whistleblowing what questionable practices does a Nurse have an obligation to report?

Practices endangering a patient's health or safety

Violating laws, rules, regulations, or standards of professional ethics (hint** Nurse must know ANA code of ethics to determine if a violation has been committed)

Abusing Authority

Grossly wasting funds

47.

1 point

legal doctrine by which a person is protected from a lawsuit for negligent acts or
an institution is protected from a suit for the negligent acts of its employees

Immunity

Passive Immunity

Natural Passive Immunity

Active Immunity

48.

1 point

** Test 2 ? legal doctrine, sometimes referred to as absolute liability, that can be imposed on a person or entity (e.g., a hospital) without proof of carelessness or negligence.

Vicarious liability

**Strict liability

Res ipsa loquitor

Respondent superior

49.

1 point

Being responsible for one's own actions; a sense of duty in performing nursing tasks and activities

Scope of Practice

Standard of Care

Accountability

Manning up

50.

1 point

Liability for Nurse Managers and Administrators Cherry p. 168

Inadequate Training

Negligence in developing appropriate policies and procedures

Failure to uphold institutional licensing laws and state and federal statutes

Failure to discipline or terminate unsafe workers

Failure to periodically reevaluate staff competencies