The nurse has attended a staff education program about sources of negligent lawsuits. It would indicate effective understanding if the nurse identifies which of the following is a source of a negligent lawsuit?
The nurse has attended a staff education program about sources of negligent lawsuits. It would indicate effective understanding if the nurse identifies which of the following is a source of a negligent lawsuit?
A. The nurse documents care under another nurse's username and password
[3%]
B. The nurse takes pictures of a client's medical record and distributes them online
[6%]
C. The nurse does not notify the physician of a client's critical laboratory result
[90%]
D. The nurse treats their spouse in the acute care facility with prescribed medications
[1%]
Statistics
Subject/Lesson
Subject
Leadership & Management
Lesson
Ethical/Legal
Client Need
Test Plan
Management of Care
Related Topic
Legal Rights and Responsibilities
Item Type
Item Type
Application
Explanation
Choice C is correct. Negligence is an unintentional tort and is defined as the failure of a person to exercise the degree of care that an ordinarily prudent person would have exercised under similar circumstances. This is deemed malpractice when the nurse is committing these infractions in a professional capacity. Malpractice is the failure of a professional person to act as other prudent professionals with the same knowledge and education would have acted under similar circumstances. The failure of the nurse to communicate with the physician a critical laboratory result in a timely manner is classic negligence/malpractice. Other examples of negligent acts include -
- Failure to follow standards of care
- Failure to use equipment in a responsible manner
- Failure to communicate
- Failure to document
- Failure to assess and monitor
- Failure to act as a client advocate
Choice A is incorrect. The nurse documenting under another nurse's username and password is a fraud (intentional tort), not negligence. Not only is this illegal, but this is also unethical. The board of nursing could sanction the nurse with fines, reprimands, and license suspension.
Choice B is incorrect. The nurse taking pictures of a client's medical record and distributing them online is grossly unethical and violates the client's privacy (intentional tort). This would most certainly result in sanctions from the board of nursing and possible civil litigation from the client.
Choice D is incorrect. The nurse treating their spouse in an acute care facility is a conflict of interest. While this is not a legal infraction, it is unethical because the nurse may not provide care from a neutral vantage point.
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2 Key Topics
Federal Laws & Terminology
15.12 Healthcare Law & Patient Privacy
Additional Info
✓ Negligence and malpractice is an unintentional tort
✓ In order for negligence to be established, all of the elements must be met -
- Duty
- Breach of duty
- Proximate cause
- Damage or injury
✓ Nursing professionals are highly encouraged to carry malpractice insurance
✓ Nursing professionals can reduce their risk for malpractice (negligent) events by staying current with healthcare trends, assessing and monitoring the client in a timely manner, communicating effectively with the physician, using accurate and comprehensive documentation, and using equipment responsibly.
