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TEST BANK FOR FOUNDATIONS OF NURSING 8TH EDITION BY COOPER
Chapter 02: Legal and Ethical Aspects of Nursing
Cooper: Foundations of Nursing, 8th Edition
MULTIPLE CHOICE
1. When a nurse becomes involved in a legal action, the first step to occur is that a document is
filed in an appropriate court. What is this document called?
a. Deposition
b. Appeal
c. Complaint
d. Summons
ANS: C
A document called a complaint is filed in an appropriate court as the first step in litigation.
A deposition is when witnesses are required to undergo questioning by the attorneys. An
appeal is a request for a review of a decision by a higher court. A summons is a court order
that notifies the defendant of the legal action.
DIF: Cognitive Level: Knowledge REF: 24 OBJ: 1
TOP: Legal KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
2. The nurse caring for a patient in the acute care setting assumes responsibility for a patient’s
care. What is this legally binding situation?
a. Nurse-patient relationship
b. Accountability
c. Advocacy NURSINGKING.COM
d. Standard of care
ANS: A
When the nurse assumes responsibility for a patient’s care, the nurse-patient relationship is
formed. This is a legally binding “contract” for which the nurse must take responsibility.
Accountability is being responsible for one’s own actions. An advocate is one who defends
or pleads a cause or issue on behalf of another. Standards of care define acts whose
performance is required, permitted, or prohibited.
DIF: Cognitive Level: Comprehension REF: 24 OBJ: 3
TOP: Legal KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
3. What are the universal guidelines that define appropriate measures for all nursing
interventions?
a. Scope of practice
b. Advocacy
c. Standard of care
d. Prudent practice
ANS: C
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Standards of care define actions that are permitted or prohibited in most nursing
interventions. These standards are accepted as legal guidelines for appropriateness of
performance. The laws that formally define and limit the scope of nursing practice are called
nurse practice acts. An advocate is one who defends or pleads a cause or issue on behalf of
another. Prudent is a term that refers to careful and/or wise practice.
DIF: Cognitive Level: Knowledge REF: 22 OBJ: 4
TOP: Legal KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
4. An LPN/LVN is asked by the RN to administer an IV chemotherapeutic agent to a patient in
the acute care setting. What law should this nurse refer to before initiating this intervention?
a. Standards of care
b. Regulation of practice
c. American Nurses’ Association Code
d. Nurse practice act
ANS: D
It is the nurse’s responsibility to know the nurse practice act in his or her state. Standards of
care, regulation of practice, and the American Nurses’ code are not laws that the nurse
should refer to before initiating this treatment.
DIF: Cognitive Level: Application REF: 26 OBJ: 5
TOP: Legal KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
5. A nurse fails to irrigate a feeding tube as ordered, resulting in harm to the patient. This nurse
could be found guilty of:
a. malpractice. NURSINGKING.COM
b. harm to the patient.
c. negligence.
d. failure to follow the nurse practice act.
ANS: A
The nurse can be held liable for malpractice for acts of omission. Failure to meet a legal
duty, thus causing harm to another, is malpractice. The nurse practice act has general
guidelines that can support the charge of malpractice.
DIF: Cognitive Level: Application REF: 24 OBJ: 2
TOP: Legal KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
6. Patients have expectations regarding the health care services they receive. To protect these
expectations, which of the following has become law?
a. American Hospital Association’s Patient’s Bill of Rights
b. Self-Determination Act
c. American Hospital Association’s Standards of Care
d. The Joint Commission’s rights and responsibilities of patients
ANS: A
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Patients have expectations regarding the health care services they receive. In 1972, the
American Hospital Association (AHA) developed the Patient’s Bill of Rights. The
Self-Determination Act, American Hospital Association’s Standards of Care, and The Joint
Commission’s rights and responsibilities do not address patients’ expectations regarding
health care.
DIF: Cognitive Level: Comprehension REF: 27 OBJ: 3 | 4
TOP: Legal KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
7. The nurse is preparing the patient for a thoracentesis. What must be completed before the
procedure may be performed?
a. Physical assessment
b. Interview
c. Informed consent
d. Surgical checklist
ANS: C
The doctrine of informed consent refers to full disclosure of the facts the patient needs to
make an intelligent (informed) decision before any invasive treatment or procedure is
performed. A physical assessment, interview, and surgical checklist are not required before
this procedure.
DIF: Cognitive Level: Application REF: 27 OBJ: 8
TOP: Legal KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
8. When a nurse protects the information in a patient’s record, what ethical responsibility is the
nurse fulfilling? NURSINGKING.COM
a. Privacy
b. Disclosure
c. Confidentiality
d. Absolute secrecy
ANS: C
The nurse has an ethical and legal duty to protect information about a patient and preserve
confidentiality. Some disclosures are legal and anticipated, and may not be subject to the
rules of confidentiality. None of the information in a chart is considered secret.
DIF: Cognitive Level: Comprehension REF: 29-30 OBJ: 9
TOP: Confidentiality KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
9. An older adult is admitted to the hospital with numerous bodily bruises, and the nurse
suspects elder abuse. What is the best nursing action?
a. Cover the bruises with bandages.
b. Take photographs of the bruises.
c. Ask the patient if anyone has hit her.
d. Report the bruises to the charge nurse.
ANS: D
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The law stipulates that the health care professional is required to report certain information
to the appropriate authorities. The report should be given to a supervisor or directly to the
police, according to agency policy. When acting in good faith to report mandated
information (e.g., certain communicable diseases or gunshot wounds), the health care
professional is protected from liability.
DIF: Cognitive Level: Application REF: 31 OBJ: 9
TOP: Elder abuse KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
10. What is the best way for a nurse to avoid a lawsuit?
a. Carry malpractice insurance.
b. Spend time with the patient.
c. Provide compassionate, competent care.
d. Answer all call lights quickly.
ANS: C
The best defense against a lawsuit is to provide compassionate and competent nursing care.
Carrying malpractice insurance is prudent, but it will not avoid a lawsuit. Spending time
with patients and answering call lights quickly will not necessarily help avoid a lawsuit.
DIF: Cognitive Level: Comprehension REF: 29 OBJ: 8
TOP: Avoiding a lawsuit KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
11. The nurse is caring for a patient with a do-not-resuscitate (DNR) order. Although the nurse
may disagree with this order, what is his or her legal obligation?
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a. To question the health care provider
b. To seek advice from the family
c. To discuss it with the patient
d. To follow the order
ANS: D
When a DNR order is written in the chart, the nurse has a duty to follow the order.
Questioning the health care provider, seeking advice from the family, and discussing it with
the patient are not legal obligations of the nurse.
DIF: Cognitive Level: Application REF: 37 OBJ: 10 | 14
TOP: Legal KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
12. The nurse has strong moral convictions that abortions are wrong. When assigned to assist
with an abortion, what is the most appropriate action for the nurse to take?
a. Ask for another assignment.
b. Leave work.
c. Transfer to another floor.
d. Protest to the supervisor.
ANS: A
The nurse should not abandon the patient, but ask for another assignment.
DIF: Cognitive Level: Application REF: 37 OBJ: 9 | 16
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TEST BANK FOR FOUNDATIONS OF NURSING 8TH EDITION BY COOPER
TOP: Ethics KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
13. The new LPN/LVN is concerned regarding what should or should not be done for patients.
What resource will best provide this information?
a. Nurse practice act
b. Standards of care
c. Scope of nursing practice
d. Professional organizations
ANS: B
Standards of care define what should or should not be done for patients. The nurse practice
act, scope of nursing practice, and professional organizations do not provide the best
information as to what should or should not be done for patients.
DIF: Cognitive Level: Comprehension REF: 24 OBJ: 5
TOP: Standards of care KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
14. What role is the nurse who diligently works for the protection of patients’ interests playing?
a. Caregiver
b. Health care administrator
c. Advocate
d. Health care evaluator
ANS: C
A nurse accepts the role of advocate when, in addition to general care, the nurse protects the
patient’s interests. Caregiver, health care administrator, and health care evaluator are not
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terms for the nurse who diligently works for the protection of patients.
DIF: Cognitive Level: Comprehension REF: 25 OBJ: 9 | 12
TOP: Advocate KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
15. When asked to perform a procedure that the nurse has never done before, what should the
nurse do to legally protect himself or herself?
a. Go ahead and do it.
b. Refuse to perform it, citing lack of knowledge.
c. Discuss it with the charge nurse, asking for direction.
d. Ask another nurse who has performed the procedure.
ANS: C
The nurse cannot use ignorance as an excuse for nonperformance. The nurse should ask for
direction from the charge nurse, explaining she has never performed the procedure
independently.
DIF: Cognitive Level: Application REF: 26 OBJ: 8
TOP: Legal KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
16. The nurse is assisting a patient to clarify values by encouraging the expression of feelings
and thoughts related to the situation. What is the most appropriate action for the nurse?
a. Compare values with those of the patient.
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TEST BANK FOR FOUNDATIONS OF NURSING 8TH EDITION BY COOPER
b. Make a judgment.
c. Withhold an opinion.
d. Give advice.
ANS: C
The nurse can assist the patient in values clarification without giving an opinion.
DIF: Cognitive Level: Application REF: 35 OBJ: 3 | 8
TOP: Values clarification KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
17. What fundamental principle must the nurse first observe when confronted with an ethical
decision?
a. Autonomy
b. Beneficence
c. Respect for people
d. Nonmaleficence
ANS: C
The first fundamental principle is respect for people. Autonomy, beneficence, and
nonmaleficence are not the first fundamental principles to observe when confronted with an
ethical decision.
DIF: Cognitive Level: Comprehension REF: 36 OBJ: 13 | 15
TOP: Ethics KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
18. A nurse working on an acute care medical surgical unit is aware that his or her first duty is
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to the patient’s health, safety, and well-being. Given this knowledge, which of the following
is most necessary for the nurse to report?
a. Unethical behavior of other staff members
b. A worker who arrives late
c. Favoritism shown by nursing administration
d. Arguments among the staff
ANS: A
A member of the nursing profession must report behavior that does not meet established
standards. Unethical behavior involves failing to perform the duties of a competent caring
nurse.
DIF: Cognitive Level: Application REF: 36 OBJ: 13
TOP: Unethical behavior KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
19. A nurse is considering purchasing malpractice insurance. What should the nurse be aware of
regarding malpractice insurance provided by the hospital?
a. Only offers protection while on duty.
b. Is limited in the amount of coverage.
c. Is difficult to renew.
d. Can be terminated at any time.
ANS: A
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TEST BANK FOR FOUNDATIONS OF NURSING 8TH EDITION BY COOPER
Most institutional insurance only provides liability coverage if the nurse is on duty at that
facility.
DIF: Cognitive Level: Comprehension REF: 32 OBJ: 2
TOP: Malpractice insurance KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
20. Which is a nursing care error that violates the Health Insurance Portability and
Accountability Act (HIPAA)?
a. Administering a stronger dose of drug than was ordered
b. Refusing to give a patient’s daughter information over the phone
c. Informing the patient’s medical power of attorney of a medication change
d. Leaving a copy of the patient’s history and physical in the photocopier
ANS: D
Leaving the document in the photocopier could expose it to the public. Inappropriate drug
administration is possible malpractice. Sharing information with the power of attorney is
legal. Refusing to give a patient’s daughter information over the phone is appropriate
practice.
DIF: Cognitive Level: Comprehension REF: 27 OBJ: 7
TOP: Health Insurance Portability and Accountability Act (HIPAA)
KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
21. Which of the following could cause a nurse to be cited for malpractice?
a. Refusing to give 60 mg of morphine as ordered
b. Giving prochlorperazineNURSINGKING.COM
(Compazine) to a patient allergic to phenothiazines
c. Dragging an injured motorist off the highway and causing further injury
d. Informing a visitor about a patient’s condition
ANS: B
Standards of care dictate that a nurse must be aware of all the properties of drugs
administered. Prochlorperazine (Compazine) is a phenothiazine. Providing confidential
information or refusing to give an excessively large narcotic dose is not considered
malpractice. Good Samaritan laws generally protect a person giving aid to an injured
motorist.
DIF: Cognitive Level: Application REF: 26 OBJ: 2
TOP: Malpractice KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
22. A lumbar puncture was performed on a patient without a signed informed consent form.
This patient might sue for:
a. punitive damages.
b. civil battery.
c. assault.
d. nothing; no violation has occurred.
ANS: B
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TEST BANK FOR FOUNDATIONS OF NURSING 8TH EDITION BY COOPER
Civil battery charges can be brought against someone performing an invasive procedure
without the patient’s informed consent legally documented. This patient could not sue for
punitive damages or an assault.
DIF: Cognitive Level: Comprehension REF: 27 OBJ: 6 | 8
TOP: Informed consent KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
23. A health care provider instructs the nurse to bladder train a patient. The nurse clamps the
patient’s indwelling urinary catheter but forgets to unclamp it. The patient develops a
urinary tract infection. What do the nurse’s actions exemplify?
a. Malpractice
b. Battery
c. Assault
d. Neglect of duty
ANS: A
A nurse is liable for acts of commission (doing an act) and omission (not doing an act)
performed in the course of their professional duty. A charge of malpractice is likely when a
duty exists, there is a breach of that duty, and harm has occurred to the patient.
DIF: Cognitive Level: Application REF: 25 OBJ: 2
TOP: Malpractice KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
24. What is true about nurse practice acts?
a. They informally define the scope of nursing practice.
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b. They provide for unlimited scope of nursing practice.
c. Only some states have adopted a nurse practice act.
d. The nurse must know the nurse practice act within his or her state.
ANS: D
The laws formally defining and limiting the scope of nursing practice are called nurse
practice acts. All state, provincial, and territorial legislatures in the United States and
Canada have adopted nurse practice acts, although the specifics they contain often vary. It is
the nurse’s responsibility to know the nurse practice act that is in effect for her geographic
region.
DIF: Cognitive Level: Comprehension REF: 26
TOP: Nurse practice acts KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
MULTIPLE RESPONSE
1. How can the medical record be used in litigation? (Select all that apply.)
a. Public record
b. Proof of adherence to standards
c. Evidence of omission of care
d. Documentation of time lapses
e. Evidence by only the plaintiff
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ANS: A, B, C, D
The information when used in court becomes a public record. The information can be used
as proof of adherence to standards, omission of care, and documentation of time lapses.
Both plaintiff and defendant can use the document.
DIF: Cognitive Level: Comprehension REF: 24 OBJ: 1 | 4
TOP: Legal properties of medical record KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
2. During a lunch break, an emergency department (ED) nurse truthfully tells another nurse
about the condition of a patient who came to the ED last night. What is the ED nurse guilty
of? (Select all that apply.)
a. HIPAA violation
b. Slander
c. Libel
d. Invasion of privacy
e. Defamation
ANS: A, D
The disclosure is an invasion of privacy and a violation of HIPAA. Because the information
is true and verbal, it cannot be considered slander or libel.
DIF: Cognitive Level: Application REF: 30 OBJ: 7
TOP: Disclosure of information KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
3. A nurse failed to monitor a NURSINGKING.COM
patient’s respiratory status after medicating the patient with a
narcotic analgesic. The patient’s respiratory status worsened, requiring intubation. The
patient’s family claimed the nurse committed malpractice. What must be present for the
nurse to be held liable? (Select all that apply.)
a. A nurse-patient relationship exists.
b. The nurse failed to perform in a reasonable manner.
c. There was harm to the patient.
d. The nurse was prudent in her performance.
e. The nurse did not cause the patient harm.
f. Duty does not exist.
ANS: A, B, C
For the court to uphold the charge of malpractice, and to find the nurse liable, the following
elements must be present: duty exists, there is a breach of duty, and harm must have
occurred.
DIF: Cognitive Level: Application REF: 24 OBJ: 2
TOP: Malpractice KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
COMPLETION
1. Personal beliefs about the worth of an object, idea, custom, or attitude that influence a
person’s behavior in a given situation are referred to as ___________.
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ANS:
values
Values are personal beliefs about the worth of an object, an idea, a custom, or an attitude.
Values vary among people and cultures; they develop over time and undergo change in
response to changing circumstances and necessity. Each of us adopts a value system that
will govern what we feel is right or wrong (or good and bad) and will influence our behavior
in a given situation.
DIF: Cognitive Level: Knowledge REF: 34 OBJ: 11 | 12
TOP: Values KEY: Nursing Process Step: N/A MSC: NCLEX: N/A
2. Acts whose performance is required, permitted, or prohibited are defined by ___________
of care.
ANS:
standards
Standards of care define acts whose performance is required, permitted, or prohibited.
DIF: Cognitive Level: Knowledge REF: 26 OBJ: 4
TOP: Standards of care KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
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