Test bank of Ethical Legal Issues Canadian Nursing 3rd Edition by neil B.Smith

$20.00

Description

INSTANT DOWNLOAD WITH ANSWERS

Ethical Legal Issues Canadian Nursing 3rd Edition by neial B.Smith

Keatings: Ethical and Legal Issues in Canadian Nursing, 3rd Edition

 

Chapter 6: Consent to Treatment  

 

Test Bank

 

MULTIPLE CHOICE

 

  1. Which of the following is a component of informed consent?
a. The consent must be voluntary
b. The consent must be specific to the proposed treatment or procedure
c. The patient must be legally capable
d. All of the above

 

 

ANS:  D

Correct D: All of the above apply. In addition, the patient must be told of the risks, benefits, and drawbacks of the proposed procedure; the risks of foregoing the treatment; the treatment options and benefits; and who will perform the procedure.

 

Incorrect A: All of the above apply. In addition, the patient must be told of the risks, benefits, and drawbacks of the proposed procedure; the risks of foregoing the treatment; the treatment options and benefits; and who will perform the procedure.

Incorrect B: All of the above apply. In addition, the patient must be told of the risks, benefits, and drawbacks of the proposed procedure; the risks of foregoing the treatment; the treatment options and benefits; and who will perform the procedure.

Incorrect C: All of the above apply. In addition, the patient must be told of the risks, benefits, and drawbacks of the proposed procedure; the risks of foregoing the treatment; the treatment options and benefits; and who will perform the procedure.

 

DIF:    Cognitive level: Knowledge            REF:   pp. 160–161

 

  1. Which of the following terms best describes a nurse who touches a client without the client’s consent?
a. Abuse
b. Battery
c. Misconduct
d. Negligence

 

 

ANS:  B

Correct B: Legally, to touch another person without permission constitutes battery.

 

Incorrect A: Not enough details are known about this situation to determine if abuse of patient rights is definitely involved.

Incorrect C: Not enough details are known about this situation to determine if misconduct is definitely involved.

Incorrect D: Not enough details are known about this situation to determine if negligence is definitely involved.

 

DIF:    Cognitive level: Application           REF:   p. 156

 

  1. Which of the following ethical principles is the hallmark of informed consent?
a. Autonomy
b. Accountability
c. Fidelity
d. Beneficience

 

 

ANS:  A

Correct A: Autonomy, or the right to determine and act on a self-chosen plan, is the hallmark ethical principle of informed consent.

 

Incorrect B: Being accountable is a primary nursing value, not an ethical principle.

Incorrect C: Fidelity is an ethical principle involved in informed consent, but it is not the hallmark principle.

Incorrect D: Beneficience is an ethical principle involved in informed consent, but it is not the hallmark principle.

 

DIF:    Cognitive level: Knowledge            REF:   p. 159

 

  1. A patient in the nurse’s care is having surgery today and has signed only a general consent form. What other information must be documented?
a. Physician documentation of the patient’s consent
b. Physician documentation related to risks, consequences, and benefits of the procedure
c. Time and date the consent was received
d. All of the above

 

 

ANS:  D

Correct D: All of the above are required in this situation.

 

Incorrect A: All of the above are required in this situation.

Incorrect B: All of the above are required in this situation.

Incorrect C: All of the above are required in this situation.

 

DIF:    Cognitive level: Analysis                REF:   pp. 162–163

 

  1. The nurse tells a patient, through speech and motions, that she will be giving an enema to the patient. The patient implies consent by nodding her head. The patient suffers rectal trauma and bleeding during the procedure. Is the nurse liable, and why?
a. The nurse is not liable because she explained the procedure and received the patient’s consent.
b. The nurse is liable because she did not have written, procedure-specific consent from the patient.
c. The nurse is liable because she did not note the date and time of the consent.
d. The nurse is liable because she did not obtain informed consent.

 

 

ANS:  D

Correct D: The nurse did not explain to the patient the possible risks of the procedure and is therefore liable because she did not obtain informed consent.

 

Incorrect A: Telling the patient that the procedure will be done is not the same as explaining the procedure.

Incorrect B: Written, procedure-specific consent is not usually required for the administration this type of procedure.

Incorrect C: Noting the date and time of the consent is important, but this does not relate to the nurse’s liability in this case.

 

DIF:    Cognitive level: Synthesis               REF:   p. 163

 

  1. The nurse administering an enema is concerned because the patient appears to be trying to stop the procedure. The nurse does not stop because the fluid is only partially inserted and continues until the task is completed. Is this nurse liable for battery?
a. This nurse is not liable for battery because once a procedure is started, it must be completed.
b. This nurse is liable for battery because there was too much fluid and this caused the patient discomfort.
c. This nurse is liable for battery because the patient withdrew consent.
d. This nurse is not liable for battery because consent was never obtained.

 

 

ANS:  C

Correct C: Patients have the right at any time to withdraw consent to treatment. Such withdrawal may occur in difficult circumstances, and it is important for the health care professional to ascertain whether the consent has been withdrawn. This may not always be clear.

 

Incorrect A: A procedure can be stopped at any time because the patient has the right at any time to withdraw consent to treatment.

Incorrect B: The amount of fluid inserted is not the deciding factor in this situation.

Incorrect D: Consent must always be obtained.

 

DIF:    Cognitive level: Analysis                REF:   p. 166

 

  1. Who is first considered to be a substitute decision maker if a married client cannot make decisions?
a. The client’s spouse
b. The client’s adult child
c. The physician
d. The client’s parent

 

 

ANS:  A

Correct A: The client’s spouse is considered to be a substitute decision maker before any others are considered.

 

Incorrect B: This client’s adult child would not first be considered a substitute decision maker.

Incorrect C: The physician would not be considered the substitute decision maker.

Incorrect D: This client’s parent would not first be considered the substitute decision maker.

 

DIF:    Cognitive level: Analysis                REF:   p. 168

 

  1. In provinces where children have the right to make decisions about their own health care, at which of the following ages or stages must a child be in order to consent to treatment?
a. The child must be at least 12 years old.
b. The child must be capable of understanding the treatment.
c. The child must be living away from home.
d. The child must be at least 16 years old.

 

 

ANS:  B

Correct B: In such provinces, the child must be old enough and mature enough to understand the nature and risks inherent in a medical procedure; there is no specific age requirement.

 

Incorrect A: A child younger than 12 years of age may be able to make a decision about his own health care.

Incorrect C: Whether a child is living at or away from home is not the criteria used to determine if he can make decisions regarding his own health care.

Incorrect D: Being 16 years of age or older is not a requirement for a child to make decisions regarding his own health care.

 

DIF:    Cognitive level: Application           REF:   p. 169

 

  1. The nurse is working in a busy ER, and an unconscious patient needs timely intervention to avoid rapid deterioration. Should treatment be withheld until consent can be obtained from a substitute decision maker?
a. Yes, because treatment without consent in this situation would be considered battery.
b. No, because this is an emergency situation and the nurse cannot be found negligent.
c. Yes, because in emergency situations the nurse is not protected against liability.
d. No, because in emergency situations the nurse is protected against liability.

 

 

ANS:  D

Correct D: Provincial laws protect health care professionals providing emergency care. If there is an imminent risk of further deterioration and finding a substitute decision maker would cause further delays, consent is not required and the health care professional may administer treatment without it.

 

Incorrect A: This statement is incorrect.

Incorrect B: Negligence is not the issue in this situation.

Incorrect C: This statement is incorrect.

 

DIF:    Cognitive level: Synthesis               REF:   pp. 171, 175

 

  1. Which of the following types of law regulates consent to treatment?
a. Custom
b. Common law
c. Regulations
d. Statute law

 

 

ANS:  D

Correct D: The existing common law requirements for an informed consent to treatment are enshrined into provincial statute law.

 

Incorrect A: Custom has no relevance regarding consent.

Incorrect B: Common law does not directly regulate consent.

Incorrect C: Regulations do not regulate consent, though they may describe procedural aspects related to consent.

 

DIF:    Cognitive level: Knowledge            REF:   p. 171

 

TRUE/FALSE

 

  1. Consent must be expressed either verbally or in writing and be based on relevant information.

 

ANS:  F

Correct: In addition to verbal and written consent, consent may also be implied. For any consent to be valid, it must be based on the relevant information required by the patient or client to make that choice.

 

Incorrect: This statement is only partially true; one type of consent is missing.

 

DIF:    Cognitive level: Synthesis               REF:   p. 157

 

  1. It is ethically appropriate for a nurse to withhold explaining all the risks of a procedure to a client in order to decrease the client’s anxiety.

 

ANS:  F

Correct: It is unethical for a nurse to withhold explaining the risks of a procedure to a client. The client must also be told all of the risks of a procedure, including the risks of foregoing the treatment, in order for the client’s consent to be informed.

 

Incorrect: It is unethical for a nurse to withhold explaining the risks of a procedure to a client.

 

DIF:    Cognitive level: Analysis                REF:   p. 160

 

  1. It is the nurse’s responsibility to determine if anyone else may be present to help the patient interpret or clarify the information being given.

 

ANS:  F

Correct: It is the patient’s choice whether to have a friend or family member present, not only to provide support but to interpret or clarify the information being given.

 

Incorrect: This decision is the patient’s to make; it is not the nurse’s choice.

 

DIF:    Cognitive level: Knowledge            REF:   p. 161

 

  1. An older adult patient’s initial and seemingly irrational refusal to give consent indicates mental incompetence.

 

ANS:  F

Correct: There may be any number of reasons that an older adult patient may refuse to give consent; this refusal does not necessarily indicate mental incompetence. The patient may be fearful of impending illness and may be in a state of denial.

 

Incorrect: There may be any number of reasons that an older adult patient may refuse to give consent; this refusal does not necessarily indicate mental incompetence.

 

DIF:    Cognitive level: Application           REF:   p. 167

 

Keatings: Ethical and Legal Issues in Canadian Nursing, 3rd Edition

 

Chapter 7: The Nurse’s Legal Accountabilities                                                    

 

Test Bank

 

MULTIPLE CHOICE

 

  1. Which of the following describes an employer’s responsibility in relation to the standard of care?
a. To address the effects of nurse absenteeism on patient care
b. To evaluate all nurses on an annual basis to ensure that they are meeting standards
c. To implement an improvement plan for nurses who do not meet standards
d. To ask for expert nurses who exceed standards to mentor other nurses

 

 

ANS:  C

Correct C: Employers have a common law duty to take active steps to ensure that nurses falling short of a standard receive the appropriate improvement plan. The employer may be liable otherwise.

 

Incorrect A: This does not relate to the employer’s responsibility regarding the standard of care.

Incorrect B: Annual evaluation is not only the responsibility of the employer; nurses are also accountable and have the responsibility to regularly self-evaluate.

Incorrect D: This does not relate to the employer’s responsibility regarding the standard of care.

 

DIF:    Cognitive level: Synthesis               REF:   p. 208

 

  1. Which of the following is the best example of an intentional tort?
a. A nurse assaults a patient.
b. A nurse makes a medication error, resulting in an adverse reaction in the patient.
c. A nurse is abusing substances while at work.
d. A nurse accidentally runs a commode over and bruises a patient’s foot.

 

 

ANS:  A

Correct A: An intentional tort is a civil wrong committed against one person by another who intends the action that causes injury or damage to either the victim or the victim’s property. A nurse who assaults a patient is committing an intentional tort.

 

Incorrect B: This is a nonintentional tort and may constitute negligence.

Incorrect C: This could be related to a medical issue or possibly an illness on the part of the nurse and is not relevant.

Incorrect D: This event was unintentional and did not cause serious damage; it is not a tort.

 

DIF:    Cognitive level: Analysis                REF:   p. 194

 

  1. In order to prove negligence, which three elements must be present?
a. Duty of care is owed, duty of care is breached, damage is a direct result
b. Duty of care is breached, indirect damage is present, duty of care is owed
c. Duty of care is breached, damage is a direct result, damage is permanent
d. Duty of care is breached, indirect damage results, damage is permanent

 

 

ANS:  A

Correct A: First, the defendant must owe a duty of care in law toward the plaintiff. Second, the defendant must have breached that duty and failed to discharge the standard of care required by law in the particular situation. Third, the plaintiff must have suffered damage or harm caused by the defendant’s breach of the duty of care.

 

Incorrect B: This is not the correct sequence of elements.

Incorrect C: This is not the correct sequence of elements.

Incorrect D: This is not the correct sequence of elements.

 

DIF:    Cognitive level: Analysis                REF:   p. 196

 

  1. A nurse whose lack of actions demonstrates disregard for the lives or safety of others is liable for which of the following?
a. Criminal incompetence
b. Statutory negligence
c. Professional malpractice
d. Criminal negligence

 

 

ANS:  D

Correct D: This nurse is liable for criminal negligence. If a nurse fails to perform some act that is part of her nursing procedures and duties and someone dies or suffers serious bodily harm as a result, the omission in care may constitute a criminal offense.

 

Incorrect A: Criminal incompetence is not recognized terminology.

Incorrect B: Statutory negligence is not recognized terminology.

Incorrect C: Malpractice (negligence by a professional) is not necessarily criminal; it involves performing lawful acts in a careless manner, which may not involve misconduct.

 

DIF:    Cognitive level: Analysis                REF:   p. 210

 

  1. Which of the following may a nursing expert witness be called to a trial to do?
a. To interpret the health care record
b. To interpret the educational qualifications of the nurse in question
c. To present regulatory body standards
d. To describe previous malpractice incidents regarding the nurse in question

 

 

ANS:  A

Correct A: Nursing experts are called as witnesses to interpret the health care record and assist the court in reconstructing the events and drawing inferences.

 

Incorrect B: If a nurse is registered he is presumed to be competent, so educational qualifications are not the issue.

Incorrect C: This is not applicable for an expert witness; however, the witness may describe what a reasonable and prudent nurse would do in a similar situation.

Incorrect D: This is not applicable.

 

DIF:    Cognitive level: Synthesis               REF:   p. 216

 

  1. How do the courts determine if a nurse’s conduct has been negligent?
a. The standard of care is used as an objective measure.
b. The professional standards are used as a subjective measure.
c. Only an appellate court can determine this.
d. This would go before a disciplinary review board, not the courts.

 

 

ANS:  A

The standard of care is what a reasonably competent professional would do in a similar situation. If a defendant’s conduct is seen as having fallen below this standard, a court may find that defendant’s conduct to be negligent.

 

Incorrect B: Professional standards may be used to support a case but cannot be used to determine negligence.

Incorrect C: The type of court is irrelevant in this situation.

Incorrect D: Cases of misconduct, incompetence, and negligence may all be heard by a review board; however, negligence would also be judged by the courts if the nurse was involved in a lawsuit.

 

DIF:    Cognitive level: Comprehension     REF:   p. 202

 

TRUE/FALSE

 

  1. Failing to meet a standard of practice of the nursing profession would be called malpractice.

 

ANS:  F

Correct: Failing to meet a standard of practice of the nursing profession would be called professional misconduct. Malpractice involves performing lawful acts in a careless manner or in a manner that does not conform to a generally recognized practice standard or standard of care in the nursing profession.

 

Incorrect: This is not a true statement.

 

DIF:    Cognitive level: Synthesis               REF:   pp. 189–190

 

  1. A nurse who performs a procedure beyond her level of skill and ability would be considered incompetent.

 

ANS:  F

Correct: The nurse would be considered negligent, not incompetent.

 

Incorrect: This is not a true statement.

 

DIF:    Cognitive level: Synthesis               REF:   p. 196

 

  1. An assault occurs when a person intentionally threatens another person with imminent harm.

 

ANS:  T

Correct: Assault is the intentional threat of imminent harm. Actual physical contact is not necessary to prove assault.

 

Incorrect: This statement is true.

 

DIF:    Cognitive level: Knowledge            REF:   p. 195

 

  1. The nurse’s duty of care to patients and clients is based on professional standards of care.

 

ANS:  T

Correct: Nurses owe a duty of care to patients and clients to act in a competent and diligent manner according to the standard of the reasonably competent nurse.

 

Incorrect: This statement is true.

 

DIF:    Cognitive level: Knowledge            REF:   p. 197

 

  1. In a case where a nurse’s conduct is in question, the standard of care used in court would be the actions of a reasonably competent nurse in similar circumstances.

 

ANS:  T

Correct: The standard of care is what a reasonably competent professional would do in a similar situation. The nurse is legally required to operate and act at a level that meets or exceeds the standard of care of a reasonably prudent caregiver or health care professional.

 

Incorrect: This statement is true.

 

DIF:    Cognitive level: Knowledge            REF:   pp. 202, 205

 

  1. Contributory negligence means that the patient, as the plaintiff, is partly responsible for the harm she suffered.

 

ANS:  T

Correct: Contributory negligence means that the patient, as the plaintiff, is found to be partly at fault for the harm she suffered. In all common law provinces and territories, the patient may still recover damages from the defendant even if the patient is in some way responsible.

 

Incorrect: This statement is true.

 

DIF:    Cognitive level: Knowledge            REF:   pp. 203–204