Chapter 1 Legal Concepts and the Judicial ProcessMULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.1)A nurse would like to advocate for a modification of the state's nursing practice act and believes thebest strategy is to contact the persons with authority to write and change this statutory law. Whomshould the nurse contact?1)A)State nursing associationB)State board of nursingC)State governorD)State legislature2)A group of nurses are reviewing the decision of legal action in which a patient brought suit againsta hospital for injuries sustained in a fall. The case went to trial and the jury found for the hospital.Which legal precedent would the nurses select if the patient were to take this same suit andevidence to another trial court in hopes of a different decision?2)A)Stare decisisB)Res judicataC)Doctrine of precedentD)None needed as this is an example of a landmark decision.3)The circumstances of a lawsuit cause it to be under the jurisdiction of more than one court. In thiscase, the nurse expects that which court will have the greatest personal jurisdiction?3)A)State trial courtB)Federal Supreme CourtC)State Supreme CourtD)Federal district court4)Several state nursing associations are working together in an attempt to change a constitutionallaw. These nursing associations should ask for which action on this law?4)A)AmendmentB)RedefinitionC)RepealD)Expansion5)An emergency department patient was injured while attacking his neighbor with a knife. Aftertreatment the patient was arrested and charged with battery and assault. The nurse in reviewingthis information would identify which classification or type of law to be applied in the case againstthis defendant?5)A)Constitutional lawB)Criminal lawC)Private lawD)Civil law6)A nurse is reviewing legal law concepts. A person who was injured in a motor vehicle accidentsued the driver to recover hospital costs. Which type of law would the nurse identify as beingenforced in this situation?6)A)Tort lawB)Constitutional lawC)Public lawD)Procedural law7)An emergency department nurse has agreed to testify as an expert witness in a lawsuit involving achild. The opposing attorney questions the nurse's qualifications as a pediatric nurse. Which type oflaw does this scenario reflect?7)A)Procedural lawB)Due process of lawC)Substantive lawD)Private law1

8)A nurse is scheduled to appear before the state board of nursing in regard to action against thenurse's license. Which occurrences would violate the nurse's due process of law?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.8)A)The nurse was suspended by her private employer pending outcome of this action.B)A snow storm forced postponement of the board meeting until next month.C)The time of the hearing was changed without adequate notice to the nurse.D)The nurse was told the meeting was in regard to a complaint about the agency where thenurse was employed.E)Other nurses involved in the situation leading to the action were not similarly summonedbefore the board.9)A group of nurses are part of an interdisciplinary team at a local county hospital. Thiscounty-supported hospital elects to limit surgical procedures for morbid obesity to male patients.Female patients receive pharmacologic therapy, counseling, and instruction for diet and exercise,but are excluded from operative procedures. Which legal concept would the nurses identify asbeing illegal based on the hospital's action?9)A)Stare decisisB)Due process of lawC)Res judicataD)Equal protection under the law10)Nurses are discussing the role of the judge in judicial proceedings. In which situation would thenurses identify a judge to serve both as a fact-finder and determiner of questions of law?10)A)The jury asks the judge to address both types of questions.B)The attorneys for the plaintiff agree to such a condition.C)The case is so complex that the jury is unable to decide the question.D)Trial by jury is waived by both sides.11)During a jury trial, the presence of a nurse-patient relationship is questioned. What kind ofquestion is this and who would determine it?11)A)Law to be determined by the juryB)Fact to be determined by the juryC)Fact to be determined by the judgeD)Law to be determined by the judge12)A patient says, "I was told my back pain is the result of care that I received when I was in thehospital a year ago. How long do I have to file a lawsuit?" Which statements made by the nurse areappropriate?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.12)A)"A general rule is 2 years from the time you knew what caused your injury."B)"In some cases it depends if the injury was due to trauma or disease."C)"State laws differ on the statute of limitation for personal injury."D)"You should move to Washington because their statute of limitation is longer."E)"It is too late if you knew you had back pain right after the fall."2

13)An employee asks for time off to be a juror in a case before the state appellate court. The unit isvery busy and this employee's absence would affect patient care. How should the nurse managerrespond to this request?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.13)A)Ask the employee more questions about the request.B)Tell the employee that service as a juror for this case is not required.C)Give the employee the time off because jury service is required upon subpoena.D)Insist that the employee contact the county clerk to request release from jury duty.E)Refuse the request and refer the employee to the personnel department for review of theemployee manual.14)A nurse has been called to testify in a case that will be tried in family court. Which situations doesthe nurse anticipate will be involved as related to this case?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.14)A)DivorceB)Child custodyC)AdoptionD)Estate divisionE)Child abuse15)A nurse reads that a case involving the care provided in a hospital will be reviewed by the UnitedStates Supreme Court. Which situations does the nurse suspect to have occurred?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.15)A)The case involves a constitutional issue.B)The care in question included the suspicion of premeditated homicide.C)The patient involved in the case was an undocumented alien.D)The hospital involved is a military hospital.E)Two lower federal courts have reached different conclusions in the case.3

Chapter 1 Legal Concepts and the Judicial ProcessMULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.1)A nurse would like to advocate for a modification of the state's nursing practice act and believes thebest strategy is to contact the persons with authority to write and change this statutory law. Whomshould the nurse contact?1)A)State nursing associationB)State board of nursingC)State governorD)State legislature2)A group of nurses are reviewing the decision of legal action in which a patient brought suit againsta hospital for injuries sustained in a fall. The case went to trial and the jury found for the hospital.Which legal precedent would the nurses select if the patient were to take this same suit andevidence to another trial court in hopes of a different decision?2)A)Stare decisisB)Res judicataC)Doctrine of precedentD)None needed as this is an example of a landmark decision.3)The circumstances of a lawsuit cause it to be under the jurisdiction of more than one court. In thiscase, the nurse expects that which court will have the greatest personal jurisdiction?3)A)State trial courtB)Federal Supreme CourtC)State Supreme CourtD)Federal district court4)Several state nursing associations are working together in an attempt to change a constitutionallaw. These nursing associations should ask for which action on this law?4)A)AmendmentB)RedefinitionC)RepealD)Expansion5)An emergency department patient was injured while attacking his neighbor with a knife. Aftertreatment the patient was arrested and charged with battery and assault. The nurse in reviewingthis information would identify which classification or type of law to be applied in the case againstthis defendant?5)A)Constitutional lawB)Criminal lawC)Private lawD)Civil law6)A nurse is reviewing legal law concepts. A person who was injured in a motor vehicle accidentsued the driver to recover hospital costs. Which type of law would the nurse identify as beingenforced in this situation?6)A)Tort lawB)Constitutional lawC)Public lawD)Procedural law7)An emergency department nurse has agreed to testify as an expert witness in a lawsuit involving achild. The opposing attorney questions the nurse's qualifications as a pediatric nurse. Which type oflaw does this scenario reflect?7)A)Procedural lawB)Due process of lawC)Substantive lawD)Private law1

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8)A nurse is scheduled to appear before the state board of nursing in regard to action against thenurse's license. Which occurrences would violate the nurse's due process of law?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.8)A)The nurse was suspended by her private employer pending outcome of this action.B)A snow storm forced postponement of the board meeting until next month.C)The time of the hearing was changed without adequate notice to the nurse.D)The nurse was told the meeting was in regard to a complaint about the agency where thenurse was employed.E)Other nurses involved in the situation leading to the action were not similarly summonedbefore the board.9)A group of nurses are part of an interdisciplinary team at a local county hospital. Thiscounty-supported hospital elects to limit surgical procedures for morbid obesity to male patients.Female patients receive pharmacologic therapy, counseling, and instruction for diet and exercise,but are excluded from operative procedures. Which legal concept would the nurses identify asbeing illegal based on the hospital's action?9)A)Stare decisisB)Due process of lawC)Res judicataD)Equal protection under the law10)Nurses are discussing the role of the judge in judicial proceedings. In which situation would thenurses identify a judge to serve both as a fact-finder and determiner of questions of law?10)A)The jury asks the judge to address both types of questions.B)The attorneys for the plaintiff agree to such a condition.C)The case is so complex that the jury is unable to decide the question.D)Trial by jury is waived by both sides.11)During a jury trial, the presence of a nurse-patient relationship is questioned. What kind ofquestion is this and who would determine it?11)A)Law to be determined by the juryB)Fact to be determined by the juryC)Fact to be determined by the judgeD)Law to be determined by the judge12)A patient says, "I was told my back pain is the result of care that I received when I was in thehospital a year ago. How long do I have to file a lawsuit?" Which statements made by the nurse areappropriate?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.12)A)"A general rule is 2 years from the time you knew what caused your injury."B)"In some cases it depends if the injury was due to trauma or disease."C)"State laws differ on the statute of limitation for personal injury."D)"You should move to Washington because their statute of limitation is longer."E)"It is too late if you knew you had back pain right after the fall."2

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13)An employee asks for time off to be a juror in a case before the state appellate court. The unit isvery busy and this employee's absence would affect patient care. How should the nurse managerrespond to this request?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.13)A)Ask the employee more questions about the request.B)Tell the employee that service as a juror for this case is not required.C)Give the employee the time off because jury service is required upon subpoena.D)Insist that the employee contact the county clerk to request release from jury duty.E)Refuse the request and refer the employee to the personnel department for review of theemployee manual.14)A nurse has been called to testify in a case that will be tried in family court. Which situations doesthe nurse anticipate will be involved as related to this case?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.14)A)DivorceB)Child custodyC)AdoptionD)Estate divisionE)Child abuse15)A nurse reads that a case involving the care provided in a hospital will be reviewed by the UnitedStates Supreme Court. Which situations does the nurse suspect to have occurred?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.15)A)The case involves a constitutional issue.B)The care in question included the suspicion of premeditated homicide.C)The patient involved in the case was an undocumented alien.D)The hospital involved is a military hospital.E)Two lower federal courts have reached different conclusions in the case.3

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Chapter 2 Anatomy of a LawsuitMULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.1)A lawsuit has been filed against the hospital for terminating an employee for excessive tardinessand absenteeism. The defendant's attorney has contacted nurses who worked with this employee totestify in the case. Which statements would best support the defendant's case?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.1)A)"The employee called in sick on several consecutive Fridays."B)"I didn't work the same shift."C)"She was never late or absent during the 6 months I worked with her."D)"Her absences affected the work flow on our unit."E)"She often asked me to cover for her while she took her kids to school."2)A nurse is served with a summons alerting him that he has been named in a malpractice lawsuit.What information can the nurse learn from this summons?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.2)A)Expected length of the trialB)Names of any other defendants in the caseC)Breaches in standards of care, injuries, or damages alleged by the defendantD)Name of the plaintiff in the caseE)Date to appear before the court3)A lawsuit is filed against a nurse's action in the clinical setting. In which case might a defaultjudgment be entered?3)A)The plaintiff did not respond to the complaint.B)The defendant did not respond to the complaint and would otherwise have been shown tohave liability.C)The defendant did not respond to the complaint.D)The plaintiff did not respond to the complaint and would otherwise have been shown to haveliability.4)The attorney for a nurse named in a malpractice case recommends that the case go to a prelitigationpanel. What rationale would the attorney offer the nurse for this recommendation?4)A)Questioning of witnesses is not conducted under oath and is more informal.B)These panels ensure that there is a controversy or fact question for the court.C)Using such a panel negates the need for a full jury trial.D)Such panels shorten the time between filing and conclusion of the lawsuit.5)A nurse named in a malpractice case may wish to avoid the expense of a trail by going toarbitration. What is another rationale for the nurse to use this process?5)A)Arbitration is not binding, so if the parties do not like the outcome, nothing is lost.B)Witnesses do not testify under oath and are easier to obtain.C)There is no formal record made of the arbitration process.D)There is no need to have attorney representation.1

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6)Depositions will be taken of witnesses in a wrongful termination suit filed against the hospital by aformer employee. Which information should the attorneys provide to the witnesses that will bedeposed?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.6)A)The deposition will be taken in a courtroom with a judge in attendance.B)The witness may refer to notes during the disposition.C)The testimony provided is sworn testimony.D)Once the testimony is recorded, no changes can be made to the record.E)Witnesses being deposed will be questioned by their attorney.7)A nurse has agreed to participate in a videotaped deposition in a malpractice case. What is theimpact of this nurse's agreement?7)A)The nurse's testimony can be presented in court, even though the nurse is unavailable for thetrial date.B)The plaintiff's attorney believes the nurse is a liability for personal trial appearance, but willbe credible on tape.C)The nurse is testifying as an expert witness.D)The nurse states that testimony will adversely affect employment opportunities.8)Which person wouldbestqualify as an expert in a nursing malpractice case filed because of failureof a postanesthesia care unit nurse to recognize the early signs and symptoms of respiratory arrest?8)A)The director of nursing at the hospital who holds an MSN in nursing administrationB)The director of clinical pharmacy who holds a doctoral degree in clinical pharmacologyC)A staff nurse who works on the general medical unit and has recently earned a BS in nursingD)A critical care nurse who holds a BS in nursing and certification from the AmericanAssociation of Critical Care Nurses (AACN)9)Which statement best describes the rule regarding expert testimony in nursing malpractice cases?9)A)Expert testimony is always required in nursing malpractice suits, and the injured partycannot win his or her case without expert testimony being presented.B)Whether expert testimony is needed is decided on a case-by-case basis after analyzing thefacts of the case.C)The jury is permitted to decide, based on all the evidence submitted, whether experttestimony is needed.D)Expert testimony should be presented whenever there is reason to suspect that the jury willdecide in favor of the injured party if expert testimony is not presented.10)A nurse has been called as a lay witness in a malpractice lawsuit. What information should beprovided to the nurse regarding this testimony?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.10)A)The testimony should include opinion on the appropriateness of care provided.B)The lay witness must have a direct connection to the case.C)These witnesses tell only what has transpired from their perspective.D)Lay witnesses may answer hypothetical questions for the jury.E)Lay witnesses testify to what others have said about the incident under question.2

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11)The nurse is involved as an expert witness in a civil court case where life support was withdrawnand the patient expired. Which level of evidence is expected for this case?11)A)Preponderance of evidenceB)Clear and convincing evidenceC)Voir dire evidenceD)Evidence beyond a reasonable doubt12)Criminal charges have been brought against a nurse who made a medication error that resulted ina child's death. Which level of evidence is expected in this case?12)A)Clear and convincing evidenceB)Preponderance of evidenceC)Evidence beyond a reasonable doubtD)Discovery evidence13)A nurse has been called to testify in a malpractice lawsuit. Which information should the attorneyprovide to the nurse about the process of cross-examination?13)A)Cross-examination allows the nurse to ask questions of the opposing counsel.B)This process allows opposing counsel to explain the meaning of the nurse's testimony.C)Cross-examination is a process to ensure that both attorneys question all witnesses.D)During this process, opposing counsel will try to refute the nurse's testimony.14)A patient has filed a lawsuit alleging that negligence by a nurse resulted in permanent injury to hislegs. At trial what is this person's burden of proof?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.14)A)That the nurse intended to injure the patientB)That the incident caused the plaintiff's injuryC)That the plaintiff recognized the injury within days of dischargeD)That the alleged incident actually occurredE)That the nurse being charged was improperly trained and supervised15)A nurse has agreed to serve as an expert witness in a jury trial. What is this nurse's major ethicalconcern?15)A)To make a logical and fair decision at trialB)Ability to stay objective and unbiased during court proceedingsC)Fulfilling the obligation to "fill in the blanks" in the medical recordD)To explain that unexpected outcomes sometimes occur in health care3

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Chapter 2 Anatomy of a LawsuitMULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.1)A lawsuit has been filed against the hospital for terminating an employee for excessive tardinessand absenteeism. The defendant's attorney has contacted nurses who worked with this employee totestify in the case. Which statements would best support the defendant's case?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.1)A)"The employee called in sick on several consecutive Fridays."B)"I didn't work the same shift."C)"She was never late or absent during the 6 months I worked with her."D)"Her absences affected the work flow on our unit."E)"She often asked me to cover for her while she took her kids to school."2)A nurse is served with a summons alerting him that he has been named in a malpractice lawsuit.What information can the nurse learn from this summons?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.2)A)Expected length of the trialB)Names of any other defendants in the caseC)Breaches in standards of care, injuries, or damages alleged by the defendantD)Name of the plaintiff in the caseE)Date to appear before the court3)A lawsuit is filed against a nurse's action in the clinical setting. In which case might a defaultjudgment be entered?3)A)The plaintiff did not respond to the complaint.B)The defendant did not respond to the complaint and would otherwise have been shown tohave liability.C)The defendant did not respond to the complaint.D)The plaintiff did not respond to the complaint and would otherwise have been shown to haveliability.4)The attorney for a nurse named in a malpractice case recommends that the case go to a prelitigationpanel. What rationale would the attorney offer the nurse for this recommendation?4)A)Questioning of witnesses is not conducted under oath and is more informal.B)These panels ensure that there is a controversy or fact question for the court.C)Using such a panel negates the need for a full jury trial.D)Such panels shorten the time between filing and conclusion of the lawsuit.5)A nurse named in a malpractice case may wish to avoid the expense of a trail by going toarbitration. What is another rationale for the nurse to use this process?5)A)Arbitration is not binding, so if the parties do not like the outcome, nothing is lost.B)Witnesses do not testify under oath and are easier to obtain.C)There is no formal record made of the arbitration process.D)There is no need to have attorney representation.1

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6)Depositions will be taken of witnesses in a wrongful termination suit filed against the hospital by aformer employee. Which information should the attorneys provide to the witnesses that will bedeposed?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.6)A)The deposition will be taken in a courtroom with a judge in attendance.B)The witness may refer to notes during the disposition.C)The testimony provided is sworn testimony.D)Once the testimony is recorded, no changes can be made to the record.E)Witnesses being deposed will be questioned by their attorney.7)A nurse has agreed to participate in a videotaped deposition in a malpractice case. What is theimpact of this nurse's agreement?7)A)The nurse's testimony can be presented in court, even though the nurse is unavailable for thetrial date.B)The plaintiff's attorney believes the nurse is a liability for personal trial appearance, but willbe credible on tape.C)The nurse is testifying as an expert witness.D)The nurse states that testimony will adversely affect employment opportunities.8)Which person wouldbestqualify as an expert in a nursing malpractice case filed because of failureof a postanesthesia care unit nurse to recognize the early signs and symptoms of respiratory arrest?8)A)The director of nursing at the hospital who holds an MSN in nursing administrationB)The director of clinical pharmacy who holds a doctoral degree in clinical pharmacologyC)A staff nurse who works on the general medical unit and has recently earned a BS in nursingD)A critical care nurse who holds a BS in nursing and certification from the AmericanAssociation of Critical Care Nurses (AACN)9)Which statement best describes the rule regarding expert testimony in nursing malpractice cases?9)A)Expert testimony is always required in nursing malpractice suits, and the injured partycannot win his or her case without expert testimony being presented.B)Whether expert testimony is needed is decided on a case-by-case basis after analyzing thefacts of the case.C)The jury is permitted to decide, based on all the evidence submitted, whether experttestimony is needed.D)Expert testimony should be presented whenever there is reason to suspect that the jury willdecide in favor of the injured party if expert testimony is not presented.10)A nurse has been called as a lay witness in a malpractice lawsuit. What information should beprovided to the nurse regarding this testimony?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.10)A)The testimony should include opinion on the appropriateness of care provided.B)The lay witness must have a direct connection to the case.C)These witnesses tell only what has transpired from their perspective.D)Lay witnesses may answer hypothetical questions for the jury.E)Lay witnesses testify to what others have said about the incident under question.2

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11)The nurse is involved as an expert witness in a civil court case where life support was withdrawnand the patient expired. Which level of evidence is expected for this case?11)A)Preponderance of evidenceB)Clear and convincing evidenceC)Voir dire evidenceD)Evidence beyond a reasonable doubt12)Criminal charges have been brought against a nurse who made a medication error that resulted ina child's death. Which level of evidence is expected in this case?12)A)Clear and convincing evidenceB)Preponderance of evidenceC)Evidence beyond a reasonable doubtD)Discovery evidence13)A nurse has been called to testify in a malpractice lawsuit. Which information should the attorneyprovide to the nurse about the process of cross-examination?13)A)Cross-examination allows the nurse to ask questions of the opposing counsel.B)This process allows opposing counsel to explain the meaning of the nurse's testimony.C)Cross-examination is a process to ensure that both attorneys question all witnesses.D)During this process, opposing counsel will try to refute the nurse's testimony.14)A patient has filed a lawsuit alleging that negligence by a nurse resulted in permanent injury to hislegs. At trial what is this person's burden of proof?Note: Credit will be given only if all correct choices and no incorrect choices are selected.Select all that apply.14)A)That the nurse intended to injure the patientB)That the incident caused the plaintiff's injuryC)That the plaintiff recognized the injury within days of dischargeD)That the alleged incident actually occurredE)That the nurse being charged was improperly trained and supervised15)A nurse has agreed to serve as an expert witness in a jury trial. What is this nurse's major ethicalconcern?15)A)To make a logical and fair decision at trialB)Ability to stay objective and unbiased during court proceedingsC)Fulfilling the obligation to "fill in the blanks" in the medical recordD)To explain that unexpected outcomes sometimes occur in health care3

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Test Bank for Legal and Ethical Issues in Nursing, 7th Edition

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