Study Guide for Fundamentals of Nursing The Art and Science of Nursing Care

CHAPTER 7 LEGAL IMPLICATIONS OF NURSING 35

Copyright © 2011 Wolters Kluwer Health | Lippincott Williams & Wilkins. Study Guide for Fundamentals of Nursing:

DEVELOPING YOUR

KNOWLEDGE BASE

FILL-IN-THE-BLANKS

1. law is law in which the govern-
   ment is involved directly.
   2.A state’s protects the public by
   broadly defining the legal scope of nursing
   practice.


2. is a specialized form of
   credentialing based on laws passed by a
   state legislature.
   4.A nurse called by either attorney to explain to
   the judge and jury what happened, based on
   the patient’s record, and to offer an opinion
   about whether the nursing care met acceptable
   standards is called a(n).
   5.When the nurse participates in establishing,
   maintaining, and improving healthcare envi-
   ronments and conditions of employment,
   he/she is participating in a practice known
   as.
   6.When a nurse documents the fall of an elderly
   patient, he or she is filing a(n)
   report.
   7.The Joint Commission defines a(n)
   as an unexpected occurrence
   involving death or serious or psychological
   injury, or the risk thereof.

MATCHING EXERCISES

Match the type of tort listed in Part A with an

example of the tort listed in Part B.

PART A

a.Assault

b.Battery

c.Breach of duty

d.Causation

e.Punitive damages

f.Fraud

7.Which of the following are steps that occur

when a malpractice suit is being litigated?

(Select all that apply.)

a.The basis for the claim is appropriate and

timely, and at least one element of liability

is present.

b.All parties named as defendants, as well as

insurance companies and attorneys, work

toward a fair settlement.

c.If the case is presented to a malpractice

arbitration panel, the decision of the panel

must be accepted by both parties.

d.The defendants contest allegations, and

pretrial discovery begins.

e.A review of medical records is not allowed

in pretrial discovery.

f.If a verdict from a trial court is not accepted

by both sides, it may be appealed to an

appellate court.

8.Which of the following are legal safeguards for

the nurse? (Select all that apply.)

a.Informed consent

b.Incompetent practice

c.Patient education

d.Executing physician orders without

questioning them

e.Documentation

f.Inadequate staffing

Prioritization Question

1.Place the following steps involved in malprac-

tice litigation in the order in which they

would normally occur:

a.Decision or verdict is reached.

b.The basis for the claim is appropriate and

timely; all elements of liability are present.

c.Trial takes place.

d.Pretrial discovery activities and review of

medical records and deposition of plaintiff,

defendants, and witnesses are performed.

e.All parties named as defendants, as well as

insurance companies and attorneys, work

toward a fair settlement.

f.If the verdict is not accepted by both sides,

it may be appealed to an appellate court.

g.The case is presented to a malpractice arbi-

tration panel. The panel’s decision is either

accepted or rejected, in which case a

complaint is filed in trial court.

h.The defendants contest allegations.

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