Chapter 07: Legal-Ethical Aspects of Nursing

Test Bank

MULTIPLE CHOICE

1. The nurse who fails to remove a patient from an unsafe situation has violated which bioethical
principle?
a. Justice

b. Fidelity

c. Veracity

d. Beneficence

ANS: D

The nurse who fails to remove a patient from an unsafe situation violates the bioethical principle
of beneficence, which means to prevent harm, or promote good. Justice refers to fairness, and
fidelity is the principle of faithfulness. Veracity refers to truth-telling.

2. The nurse who respects the patient’s right to refuse treatment is following which bioethical
principle?
a. Justice

b. Beneficence

c. Autonomy

d. Fidelity
 ANS: C

Autonomy refers to the patient’s right to refuse treatment and to make one’s own decisions
regarding health care. Justice, beneficence, and fidelity refer to fairness, doing no harm, and
truth-telling.

3. The student understands the bioethical decision-making theory of utilitarianism when she makes
which statement?
a. “Utilitarianism is concerned only with duty.”

b. “Utilitarianism is also called Kantian ethics.”

c. “Utilitarianism judges actions based on possible consequences.”

d. “Utilitarianism judges actions based on intent.”

ANS: C

Utilitarianism uses potential consequences to judge whether actions produce the greatest good.
Kantian ethics judge actions based on intent and possible consequences. Deontology is a duty-
oriented theory.

4. Which statement made by the nursing student indicates an accurate understanding of culturally
competent care?
a. “It means having knowledge of the health-related beliefs and practices of all cultures.”

b. “It is the ability to care only for individuals from one’s own culture.”

“It means working within the cultural context of individuals, families, and
c. communities.”

“It means avoiding discussing the patient’s practices or beliefs because they may not
d. agree with your own.”
 ANS: C

Working within the cultural context of individuals, families, and communities is the definition of
culturally competent nursing care. Knowing the health-related beliefs and practices of all
cultures is unrealistic. The ability to care only for those from one’s own culture or avoiding
discussing the patient’s beliefs is not within the definition of culturally competent care.

5. The student understands the ANA Code of Ethics for Nurses when she identifies which statement
as incorrect? The Code of Ethics for Nurses:
a. provides a framework for ethical decision-making.

b. is non-negotiable.

c. is applicable to most practice settings.

d. helps with professional self-regulation.

ANS: C

The ANA Code of Ethics is applicable to all practice settings. The Code is also provides a
framework for ethical decision-making, is non-negotiable, and helps with professional self-
regulation.

6. Which statement is correct about the bioethical decision-making theory of deontology?

b. It judges actions based on motive or intent.

c. It emphasizes treating others as a means to an end.

d. It cannot be applied to research.

Deontology judges actions based on motive or intent and is especially applicable to the field of
research. Deontology is not solely concerned with consequences and does not emphasize treating
others as a means to an end.

7. The RN student has been studying ethics in health care. Based on what she has learned, how
would she explain the bioethical principle of autonomy?
a. It states that the physician knows what is best for the patient.

b. It does not apply to informed consent.

c. It refers to patient self-determination.

d. It states that every patient has a right to health care.

ANS: C

Self-determination, or the right to make one’s own health care decisions, and informed consent
are grounded in the principle of autonomy. The belief that a physician knows what is best for the
patient is known as paternalism, and the belief that every patient has a right to health care, as
well as informed consent, is the principle of justice.

8. The nursing student knows that ethics is a part of which branch?

b. Law

c. Philosophy

d. Medicine
 ANS: C

Ethics is a branch of philosophy. Nursing, law, and medicine each have a Code of Ethics based
on general ethical principles.

9. For the RN to practice ethical decision-making, it is most important for him or her to:
a. base decision-making on whether an action is right or wrong.

b. base decision-making on possible consequences.

c. accurately assess a situation.

d. seek the assistance of an ethics committee.

ANS: C

As with all nursing functions, the first step is assessment. Basing a decision on whether an action
is right or wrong is an ethical decision-making framework based on deontology. Basing a
decision on the possible consequences reflects the theory of utilitarianism. Seeking the assistance
of an ethics committee would occur after assessment if the ethical dilemma cannot be resolved
among the patient, family, and caregivers.

10. The RN understands administrative law when she says, “Administrative law governs:
a. federal treaties.”

b. the operations of government.”

c. the conduct of judges.”

d. the United States Supreme Court.”

Administrative law controls the operations of government, such as the National Labor Relations
Board. Administrative law does not govern federal treaties, the conduct of judges, or the United
States Supreme Court.

11. The nurse working in family practice is assessing an elderly female patient and notices bruises
on the patient’s arm and back. Which action is the most appropriate for the nurse to take?
a. Ignore the bruises because her daughter tells you that her mother is clumsy.

b. Do nothing because you cannot prove anything.

c. Report the suspected abuse to the appropriate authorities.

d. Confront and accuse the daughter of elder abuse.

ANS: C

Nurses are mandatory reporters, and suspected abuse or neglect cannot be ignored. Suspicion of
abuse or neglect is sufficient to report suspected abuse to authorities. It is not your burden to
prove.

12. The nurse threatens to place a verbally abusive patient in restraints. The patient could press
charges against the nurse for which of the following?
a. Battery

b. Assault

c. Malpractice

d. Negligence
 ANS: B

Assault is the threat to do harm. Battery is the actual touching of another. Malpractice and
negligence are the basis for civil lawsuits.

13. Steps the RN can take to reduce the risk of malpractice include all of the following except:
a. administer drugs carefully.

b. document accurately.

c. do not delegate any tasks.

d. think before you speak.

ANS: C

To reduce the risk of malpractice the nurse should administer drugs carefully, document
accurately, and think before speaking. Avoiding the delegation of tasks is not realistic.

14. A nurse educator is preparing a presentation on professional negligence. The nurse determines
that all of the following actions would be considered professional negligence except:
a. administering the wrong medication.

b. failure to obtain informed consent.

c. taking a picture of a patient without his or her consent.

d. refusing to permit the patient to walk without assistance.

Refusing to permit the patient to walk without assistance is an appropriate nursing intervention.
Administering the wrong medication is an act of commission; failure to obtain informed consent
is negligence. Taking a picture of a patient without his or her consent is considered invasion of
privacy.

15. A nurse manager is preparing a presentation on negligence to present at the next staff meeting.
She would not consider which as a form of negligence?
a. Malfeasance

b. Nonmalfeasance

c. Misfeasance

d. Nonfeasance

ANS: B

Nonmalfeasance is the bioethical principle of doing no harm and would not be considered a form
of negligence. Malfeasance, misfeasance, and nonfeasance are all forms of negligence.

16. An RN administers an ordered dose of medication over the patient’s refusal. On review, the
manager interprets this action to be:
a. assault.

b. battery.

c. negligence.

d. malpractice.
 ANS: B

Battery is the actual touching of another, including administering a medication over the patient’s
refusal. Assault is the threat to do so. Negligence is the failure to act as an ordinary and
reasonably prudent person would act in the same or similar circumstances. Malpractice is a
specialized kind of negligence and is defined as the violation of a professional duty.

17. The nurse accidentally administers the wrong dose of a medication. Her first action would be to:
a. notify the physician.

b. fill out an incident report.

c. assess the patient.

d. tell her supervisor.

ANS: C

Assessing the patient is the highest priority. The physician must be notified after the patient is
assessed. Filling out an incident report and telling the supervisor are not priorities.

18. The four elements that must be present for a person to recover damages as the result of alleged
malpractice are duty, breach of duty, actual injury, and:
a. insurance.

b. battery.

c. intent.

d. causation.
 ANS: D

The fourth element that must be present for a person to recover damages as the result of alleged
malpractice is causation; in other words, the injury was foreseeable and the conduct was the
cause of the injury. Battery is an intentional tort for which an action can be brought. Intent or
insurance does not need to be present for a personal to recover damages as the result of alleged
malpractice.

19. Which of the following is not considered a major law that governs our society?
a. Criminal law

b. Common law

c. Statutory law

d. Administrative law

ANS: A

Major laws that govern our society include common, statutory, and administrative. Criminal law
is a subcategory of the major laws.

20. A nurse is working the night shift on a respiratory floor. She is walking toward a patient’s room
when she sees a nursing assistant performing patient care with the curtain and door open. The
nurse knows that the nursing assistant is violating which legal principle?
a. Right to privacy

b. False imprisonment

c. Failure to rescue

d. Informed consent
 ANS: A

The nursing assistant is violating the patient’s right to privacy by keeping the curtain and door
open. The legal principles of false imprisonment, failure to rescue, and informed consent are not
occurring in this situation.

21. A nurse is working with a patient who is well known to the public. Shortly before lunch, a news
reporter walks into the nursing unit and begins questioning the nurse. The nurse knows that if she
gives out patient information without the patient’s consent, she would be failing to comply with
which law?
a. Informed consent

b. Health Insurance Portability and Accountability Act (HIPAA) of 1996

c. Hospital policy

d. Common law

ANS: B

The nurse would be violating HIPAA of 1996. This law was enacted to protect the privacy of
patients, including medical records and personal health information.

22. The nurse manager shows an understanding of preventable medical errors when she makes
which statement?
a. “There are only a few deaths related to medical errors per year.”

b. “Medical errors are made only by nurses who are not focused.”

“About 20,000 patients die each year from preventable medical errors in the United
c. States.”
 d. “Each year between 44,000 and 98,000 patients die from preventable medical errors.”

ANS: D

The Institute of Medicine estimates that each year in the United States, between 44,000 and
98,000 patients die from preventable medical errors.

23. The nurse on a busy surgical floor is preparing her patient for surgery. The patient refuses to sign
the surgical consent form because he has not spoken to the surgeon regarding the procedure.
When the nurse speaks to the surgeon on the phone, he tells her that he is too busy to come to the
floor. If the nurse were to insist that the patient sign the consent anyway, she would be violating
which of the patient’s rights?
a. Right to refuse treatment

b. Confidentiality

c. Right to informed consent

d. Right to privacy

ANS: C

In order for the consent to be valid, the patient must fully know what he is consenting to. He has
the right to know the potential risks, benefits, and any other treatments that may be available.

24. A nurse is working in the surgical recovery unit and is caring for a patient who is still under
anesthesia. She notes that the patient’s oxygen level is 82% on room air. What would the nurse
be guilty of if she were to withhold oxygen from this patient?
a. Commission of an act
 b. Nothing, because the patient will naturally recover from the anesthesia

c. Professional negligence

d. Assault and battery

ANS: C

The nurse would be guilty of professional negligence through the omission of an act, giving
oxygen, to a patient who was in need.

25. The nurse has an adequate understanding of a tort when she makes which statement?
a. “A tort is a legal wrong committed against another person or their property.”

b. “A tort refers to the nurse’s duty to practice within the boundaries of the nurse’s role.”

c. “A tort is a principle concerned with being fair or just.”

d. “A tort refers to truth telling and not intentionally misleading patients.”

ANS: A

A tort is a legal wrong that is committed against either a person or the person’s property. Fidelity
is a term that defines the nurse’s duty to practice within the boundaries of the nurse’s role, as
determined by state rules and regulations. Justice is a principle concerned with being fair or just.
Veracity refers to truth-telling and not intentionally misleading patients.

26. A nurse is caring for an elderly patient with terminal cancer. The patient has just told his family
that he wants to end treatment and be kept comfortable for the remainder of his life. His family is
very upset and does not agree with his decision. Both the patient and his family have confided
 their wishes to the nurse privately, and the family has asked the nurse to intervene. How would
you classify the ethical dilemma that the nurse is experiencing?
a. Right to life

b. Informed consent

c. Right to die

d. Medical futility

ANS: C

The ethical dilemma that the nurse is experiencing is right to die. Although the patient’s family
may be upset with his decision, it is ultimately the patient’s right to choose when to end
treatment for his terminal cancer.

27. A nurse is working the night shift in the ICU. She notices cardiac alarms sounding for one of the
patients, and on arriving to the patient’s room, finds him in full cardiac arrest. It is later
determined that the patient’s assigned nurse was at the front desk sleeping. The nurse realizes the
important of reporting this issue but does not want to face backlash from her co-worker. Which
describes what the nurse is experiencing?
a. Decision-making

b. Ethical dilemma

c. Preconceived beliefs

d. Discrimination

ANS: B
 This nurse is experiencing an ethical dilemma. She understands the importance of reporting her
co-worker’s lack of patient supervision but is concerned with the backlash that she may
experience from her co-worker.

MULTIPLE RESPONSE

1. A new nurse has just been hired to work at a local hospital. Which actions by the nurse show her
understanding of the Patient’s Bill of Rights? (Select all that apply.)
a. Allowing the patient access to health records

b. Responding to patient care requests in a timely manner

c. Explaining to another nurse the patient’s right to refuse treatment

d. Maintaining the patient’s confidentiality

e. Ensuring that the patient is informed about his or her medical condition

ANS: A, C, D, E

The Patient’s Bill of Rights states that patients have the right to access to their health records, the
right to refuse treatment, the right to confidentiality, and the right to be informed about their
medical conditions, among others. The right to timely care is not listed in the Patient’s Bill of
Rights.

2. Which statements by the nursing student describe how ethics help nurses solve dilemmas in
health care? (Select all that apply.)
a. “Ethics requires us to analyze our actions or potential actions critically.”

b. “Ethics assists us in determining the right course of action to take.”

c. “Ethics allows nurses to let others more qualified make decisions for us.”
 “Ethics allows nurses to take a break from the situation by waiting for the ethics
d. committee.”

e. “Ethics causes problems in health care rather than helps.”

ANS: A, B

Ethics assists nurses in solving dilemmas by requiring them to analyze their actions or potential
actions critically and by assisting in determining the right course of action to take.

3. The RN understands the importance of providing culturally competent nursing care when she
does which of the following? (Select all that apply.)
a. Uses flexibility to accommodate the patient

b. Becomes knowledgeable about other cultures

c. Lets go of negative attitudes about other cultures

d. Believes that her culture is superior

e. Avoids patients of different cultures

ANS: A, B, C

In order to provide culturally competent nursing care, the nurse must be able to integrate skills,
knowledge, and attitudes into care. The nurse must be able to work within the cultural context of
the patient, family, or community. Using flexibility in the patient’s care to accommodate needs,
becoming knowledgeable about other cultures, and letting go of negative attitudes are all ways
that the nurse can provide culturally competent care.