Mark Klimek NCLEX Review Questions:
NURSE AND THE LAW Already Passed
Assault ✔✔threat or an attempt to make bodily contact with another person without that person's permission
Battery ✔✔An assault that is carried out
Common law ✔✔Law resulting from court decision that is then followed when other cases involving similar circumstances arise
Malpractice ✔✔An act of negligence - commonly used when speaking of negligent acts committed by a person working in a certain profession, such as medicine or nursing.
Ethics ✔✔A system that defines actions with respect to their being judged right or wrong
False imprisonment ✔✔Unjustifiable restraint or prevention of the movement of a person without proper consent
Misdemeanor ✔✔A wrong of less seriousness than a felony
Good Samaritan Law ✔✔Gives certain persons legal protection when giving aid to someone in an emergency
Felony ✔✔A wrong of serious nature
Negligence ✔✔Performing an act that a reasonable and comparable person under similar circumstances would not do, or failing to perform an act that a reasonable and comparable person under similar circumstances would do
Invasion of privacy ✔✔A wrongful act that violates the right of a person to be let alone
Liable ✔✔Being accountable, responsible, or answerable for an act
Libel ✔✔A written untruthful statement about a person that subjects him/her to ridicule or contempt
Slander ✔✔A spoken untruthful statement about a person that subjects him/her to ridicule or contempt
How could a nurse be convicted of assault? ✔✔If the client perceives that the nurse intends to do a procedure without consent or justification
How could a nurse be convicted of battery? ✔✔If the nurse willfully touched a client in any manner that is wrong in some way
Clients have a right to refuse nursing interventions. (T/F) ✔✔True
If a nurse uses restraints to keep a client, who is a danger to himself, in bed, the nurse is likely to be convicted of false imprisonment. (T/F) ✔✔False, you can detain/restrain a person against their will if they are a threat to themselves or others
In order to legally sign as a witness to informed consent, the nurse must have been present when the physician and client discussed the procedure. (T/F) ✔✔False, you are only witnessing that the patient was the one who signed the consent
It is not necessary for the nurse to determine if the client understands what the physician said in order to witness an informed consent. (T/F) ✔✔True, you are only witnessing a signature
Can a patient legally sign an informed consent after they have received the pre-medication analgesic for a procedure? ✔✔No. The patient would be considered to be under the influence of a mind-altering drug. The consent would be invalid
Name three groups of people who cannot give legal consent. ✔✔Minor, unconscious client (even under influence of CNS drugs), mentally ill
In an emergency situation, when client and family cannot give consent, consent is assumed and treatment proceeds. (T/F) ✔✔True
The legality of no code or slow code orders is well-established in the courts. (T/F) ✔✔False, no definitive policy in the courts exists at this time - dealt with on a case-by-case basis