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A nurse has been named as defendant in a lawsuit claiming patient injury from misuse of equipment. The nurse says, "The small hospital where I work does not provide the same kind of continuing education training on use of equipment as larger, more modern hospitals." The attorney representing this nurse may choose to use which rule or doctrine?


A) Res ipsa loquitur
B) The locality rule
C) Foreseeability
D) Tortfeasor

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B

Punitive damages of one million dollars were awarded to the family of a patient who died following a nursing medication error. What is true of these punitive damages?


A) These damages are awarded to set an example to other nurses.
B) The jury believes the nurse's actions were an honest mistake.
C) This jury identified this case as representing simple negligence.
D) The damages are awarded instead of the nurse serving prison time.

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An out-of-state caller becomes irate when the nurse cannot provide information over the telephone about a hospitalized friend. The caller says, "If you know what is good for you, you had better tell me." Has a civil assault occurred?


A) Yes, there is an indication that the caller has the physical strength to do harm.
B) Yes, the threat of harm is assault.
C) No, actual physical contact must be made for it to be assault.
D) No, the caller is out of state and cannot reach the nurse.

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The registered nurse who works in the obstetrics department is walking by the emergency department waiting room when a person cries out, "Help me! My mother is not breathing!" Does this nurse have a duty to assist?


A) Yes, the general duty of care exists to help in times of crisis or imminent harm.
B) No, the nurse is out of the normal working environment and should not interfere.
C) No, the nurse has no more duty to assist in this situation than a lay person.
D) Yes, the nurse has the duty to provide the same standard of care as an emergency department nurse.

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A

Which action could result in the nurse being charged with conversion of property?


A) The nurse removes the patient's shirt and bra during treatment of a fractured ankle.
B) The nurse removes a package of cigarettes from a patient's robe pocket.
C) The nurse takes the patient's picture without permission.
D) The nurse searches a patient's suitcase for evidence of illegal drugs.
E) The nurse places a patient in four-point restraints to place a nasogastric tube.

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Which scenarios would the nurse identify as a quasi-intentional tort rather than an intentional tort?


A) A visitor refuses to leave the patient's room after upsetting the patient and being asked to leave.
B) The physician accuses the nurse of incompetence in front of the patient's family.
C) The nurse tells the patient that if he does not starting drinking fluids, an intravenous line will be necessary.
D) The nurse physically restrains a patient so that intravenous access can be obtained.
E) The nursing student takes a cellphone picture of a patient's leg wound to show her classmates.

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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?


A) The nurse cannot be held liable for either malpractice or negligence based upon this set of facts.
B) The nurse can be held liable for both negligence and malpractice.
C) The nurse can be held liable for malpractice but not negligence.
D) The nurse can be held liable for negligence but not malpractice.

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The nurse is providing care to a patient whose family has previously brought suit against another hospital and two physicians. How should the nurse provide care to this patient?


A) Spend as little time as possible interacting with the patient and family so that there will be less chance of saying the wrong thing or performing in an incompetent manner.
B) Provide care in a compassionate, competent manner.
C) Assign the patient to a different nurse each day so that no one nurse has to work under this stress.
D) Keep the patient well informed by explaining all interventions before and during their completion.
E) Review standards of care that pertain to this patient before providing care.

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B,D,E

A lawsuit has been filed claiming that a nurse's actions caused the death of a neonate. Why does the attorney for the plaintiff want to prove proximate cause?


A) Proximate cause determines how far the nurse's liability extends for consequences of the alleged negligent actions.
B) The need for expert witnesses is eliminated because harm can be approximated.
C) A direct line of causation, from incident to injury, is proved.
D) To identify if the harm could have been predicted to result from the action of the defendant

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Upon entering a patient's room to complete discharge instructions, the nurse discovers the patient in tears. The business office has stated that the patient cannot leave until someone pays a portion of the hospital bill. What should the nurse do?


A) Call social services to request an immediate financial evaluation.
B) Continue preparations for discharge, comforting the patient as much as possible.
C) Stop discharge preparations until the patient is cleared by the billing office.
D) Cancel the discharge plans and notify the physician of the patient's status.

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Which common practice puts the nurse at liability for invasion of patient privacy?


A) During care the nurse reveals information about the patient to those in the room.
B) The nurse releases information about the patient to nursing students who will be caring for the patient the next day.
C) The nurse conducts a patient care session about a patient whose care is difficult and challenging.
D) Confidential information regarding an admitted patient is released to third-party payers.

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After 3 years of uneventful employment, the nurse made a medication error that resulted in patient injury. What hospital response to this event is ethical?


A) The hospital was supportive and assistive as the nurse coped with this event.
B) The nurse was dismissed for incompetence.
C) The hospital quality department advised the nurse not to tell the patient about the error.
D) The nurse was reassigned to an area in which there is no direct patient care responsibility.

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The health care facility has sponsored a continuing education offering on emergency management of pandemic influenza. At lunch, a nurse is overheard saying, "I'm not going to take care of anyone that might have that flu. I have kids to think about." What is true of this statement?


A) The nurse has a greater obligation than a lay person to care for the sick or injured in an emergency.
B) This statement reflects defamation and may result in legal action against the nurse.
C) The nurse has the right to refuse to care for anyone that could endanger the nurse.
D) This statement is a breach of the Code of Ethics for Nurses.
E) The nurse has this right as no nurse-patient contract has been established.

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The court is establishing liability in a case in which several actions caused the plaintiff's injury. Which test of causation would be most useful in this case?


A) Proximal cause test
B) But-for test
C) Substantial factor test
D) Fact-of-cause

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A plaintiff's attorney decides to use the doctrine of res ipsa loquitur in a case against the urologist who perforated a patient's urethra during a cystoscopy. What must the plaintiff prove?


A) This complication does not generally occur unless someone provided negligent care.
B) The locality rule was in effect at the time of the procedure.
C) Several agencies, from the manufacturer to the physician, were involved in the negligence.
D) The plaintiff had no control over the development of the perforation.
E) The event causing the perforation was deliberate.

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