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Nursing Leadership and Management 2nd Edition Kelly Test Bank
- ASIN:B006T4JS7C
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Below you will find some free nursing test bank questions from this test bank:
Chapter 18-LEGAL ASPECTS OF CLIENT CARE
MULTIPLE CHOICE
- Which of Canada’s legal systems consists of legal rules and principles written into a civil code?
| a. | English common law |
| b. | criminal law |
| c. | French civil law |
| d. | public law |
ANS: C
RAT: French civil law is based on the Roman law system where legal rules and principles that establish rights and responsibilities are formally written into a document called the civil code. Within Canada, French civil law applies only in the province of Québec.
PTS: 1 REF: p. 373 BLM: Remembering
- Which of these is a set of basic laws that specify the powers of the various segments of the government and how they relate to each other?
| a. | a constitution |
| b. | a legislative body |
| c. | the judicial branch |
| d. | an administrative agency |
ANS: A
RAT: A constitution specifies the jurisdictional responsibilities and the relationships between various levels of government. The authority to make laws, implement laws, and interpret laws is generally granted in the constitution.
PTS: 1 REF: p. 373 BLM: Remembering
- What is the highest law in Canada?
| a. | pubic law |
| b. | provincial law |
| c. | The Canadian Constitution |
| d. | judicial action |
ANS: C
RAT: The Canadian Constitution (1982) includes the Canadian Charter of Rights and Freedoms and is the highest law of the country. The Constitution deals primarily with the powers of the levels of government, while the Charter deals with the basic rights and legal protections of individual citizens.
PTS: 1 REF: p. 373 BLM: Remembering
- What type of law includes constitutional law, criminal law, and statutory law?
| a. | common law |
| b. | public law |
| c. | civil law |
| d. | contract law |
ANS: B
RAT: These laws make up public law. They all define a citizen’s relationship with the government.
PTS: 1 REF: p. 373 BLM: Remembering
- Which type of law may require a background check on an individual as part of pre-employment screening?
| a. | criminal law |
| b. | civil law |
| c. | common law |
| d. | administrative law |
ANS: A
RAT: Criminal law attempts to protect the most vulnerable citizens from mistreatment or abuse. Failure to conduct the mandated background checks can result in the institution having to defend itself for any harm done an employee with a past criminal conviction.
PTS: 1 REF: p. 374 BLM: Remembering
- Which type of law affects the relationship between individuals?
| a. | public law |
| b. | civil law |
| c. | common law |
| d. | criminal law |
ANS: B
RAT: Civil law governs how individuals relate to each other in everyday matters. Civil law consists of rules and legal principles that apply to rights and obligations among corporations, other institutions, as well as among individuals.
PTS: 1 REF: p. 375 BLM: Remembering
- In which of the following categories does a Nurse Practice Act belong?
| a. | a provincial statute |
| b. | a federal law |
| c. | an administrative agency |
| d. | a judicial action |
ANS: A
RAT: A nurse practice act is an example of a provincial statute. The Act delegates regulation of the profession within the provincial jurisdiction to a regulatory body usually called a college or an association. This conveys self-regulation on the profession. The provincial or territorial nursing regulatory bodies specify practice standards, registration requirements, entry-to-practice requirements, and discipline procedures for registered nurses in that province or territory.
PTS: 1 REF: p. 375 BLM: Understanding
- In which legislation is the “general duty provision” for workplace safety found?
| a. | common law |
| b. | The Canada Health Act |
| c. | tort law |
| d. | occupational health and safety legislation |
ANS: D
RAT: Most provincial and territorial jurisdictions have occupational health and safety legislation which includes a “general duty provision.” This provision requires employers to take all reasonable precautions to protect the health and safety of their employees, including protection from workplace violence.
PTS: 1 REF: p. 375 BLM: Remembering
- Which of these acronyms represents the Canadian federal government agency that works to eliminate work-related illness and injury?
| a. | ADA |
| b. | CCOHS |
| c. | ADEA |
| d. | EEOC |
ANS: B
RAT: The Canadian Centre for Occupational Health and Safety (CCOHS) is a federal agency that works toward establishing safe working environments. The CCOHS reports to the Parliament of Canada through the federal minister of labour. It is governed a council made up of representatives from government, employers, and workers.
PTS: 1 REF: p. 375 BLM: Remembering
- According to the International Nursing Review, how much more workplace violence do nurses experience compared to other professionals?
| a. | 3 times more |
| b. | 10 times more |
| c. | 16 times more |
| d. | 20 times more |
ANS: C
RAT: Nurses are reported to be 16 times more likely to experience violence in the workplace than other professional groups.
PTS: 1 REF: p. 375 BLM: Remembering
- Which of the following is encompassed civil law?
| a. | contract and tort law |
| b. | contract and malpractice law |
| c. | contract and negligence law |
| d. | tort law and common law |
ANS: A
RAT: Civil law governs how individuals relate to each other in everyday matters. It encompasses both contract and tort law. Most cases involving nurses fall into the category of civil tort law. Contract law regulates certain transactions between individuals and/or legal entities. Tort law is a private or civil wrong or injury for which the court will provide a remedy in the form of an action for damages.
PTS: 1 REF: p. 375 BLM: Remembering
- In what form should a contract be in order to be a legal contract?
| a. | oral agreement only |
| b. | oral agreement only two individuals |
| c. | oral or written agreement |
| d. | written agreement only |
ANS: C
RAT: The terms of the contract may be oral or written. Contract law regulates certain transactions between individuals or legal entities. An agreement between two or more parties must contain the following elements to be a legal contract: (1) agreement between two or more legally competent individuals or entities stating what each must or must not do; (2) mutual understanding of the terms and obligations that the contract imposes on each party; and (3) payment or consideration given for actions taken or not taken pursuant to the agreement.
PTS: 1 REF: p. 375 BLM: Understanding
- In tort law, the wrong or injury that was committed may be which of the following?
| a. | harmful |
| b. | reasonable |
| c. | negligence |
| d. | unintentional or intentional |
ANS: D
RAT: A tort can be unintentional, as occurs in malpractice or neglect, or it can be intentional infliction of harm. A tort is civil wrong or injury committed one person against another, causing injury or damage to the person or property.
PTS: 1 REF: p. 376 BLM: Understanding
- According to the text, what is the definition of negligence?
| a. | wrongful conduct in the discharge of professional duties or the failure to meet standards of care for the profession |
| b. | failure to provide the care a reasonable person would ordinarily provide in a similar situation |
| c. | failure to do a procedure as a result of binding legal agreement or a moral responsibility |
| d. | failure to act or be in control |
ANS: B
RAT: In law, negligence is the failure to provide the care a reasonable person would provide in a similar situation. A negligence case involves a duty or professional obligation, breach of duty error or commission, and proof of physical, emotional, or financial harm.
PTS: 1 REF: p. 376 BLM: Understanding
- What is the term for the touching of another individual without that person’s consent?
| a. | assault |
| b. | defamation |
| c. | false imprisonment |
| d. | battery |
ANS: D
RAT: Battery is the actual act of touching without prior consent. Assault is the threat to touch another in an offensive manner without that person’s permission.
PTS: 1 REF: p. 377 BLM: Remembering
- Which of the following refers to the practice of explaining the nature of a procedure to a client, including its benefits and the alternatives, risks, and complications?
| a. | information sharing |
| b. | informed consent |
| c. | verbal consent |
| d. | written consent |
ANS: B
RAT: Informed consent and the related laws protect the client’s right to practice self-determination. The client has the right to receive sufficient information verbally and in writing to make an informed decision about whether to consent or to refuse a procedure.
PTS: 1 REF: p. 377 BLM: Remembering
- What do nurses vouch to when they witness a signature?
| a. | The client signed the paper and was aware that they were signing a consent form. |
| b. | A nurse has explained the procedure and the client understands the procedure. |
| c. | A nurse has explained the procedure and the client knows he/she is signing a consent form. |
| d. | A physician has explained the procedure and the client signed the paper. |
ANS: A
RAT: Witnessing a client’s signature means that the witness is vouching that the client signed the paper and knows it is a consent form. For a consent form to be legal, a client must be at least 16 years old (in most provinces), be mentally competent to understand the procedure with its risks and benefits that have been explained to them, and be aware of the available alternatives to the proposed treatment.
PTS: 1 REF: p. 377 BLM: Understanding
- Which of these is a written document representing the wishes and values of an adult in regard to life-sustaining treatments?
| a. | living will |
| b. | power of attorney |
| c. | personal health care directive |
| d. | hybrid form |
ANS: C
RAT: A personal health care directive documents the precise wishes of the client or a substitute decision maker in relation to the use of life-sustaining treatments. The directive should specifically clarify the client’s wishes about the use of CPR and DNR directions.
PTS: 1 REF: p. 377 BLM: Understanding
- In health care, which of these methods may be considered false imprisonment?
| a. | use of bed rails |
| b. | a written restraint order |
| c. | chemical restraints |
| d. | complete bed rest |
ANS: C
RAT: False imprisonment occurs when persons are incorrectly led to believe they cannot leave a place. The use of physical and/or chemical restraints can result in the claim of false imprisonment. Leather and cloth restraints are examples of physical restraints. Medications are examples of chemical restraints. Physical and chemical restraints are to be used only if necessary to protect the client from harm when all other methods have failed. If the nurse uses restraints on a competent person who is refusing to follow the doctor’s orders, the nurse can be charged with false imprisonment or battery.
PTS: 1 REF: p. 379 BLM: Understanding
- Which law protects health care professionals from legal liability for actions rendered in an emergency situation?
| a. | a Good Samaritan law |
| b. | a tort law |
| c. | the CNA Code |
| d. | a Nurse Practice Act |
ANS: A
RAT: Good Samaritan laws are enacted to protect the health care professional from legal liability. Elements common to most Good Samaritan laws include the following: care is rendered in an emergency situation; care is provided without pay; no reckless or intentional injury resulted from the care. Overall, there is little uniformity among Canadian laws to protect Good Samaritans. To date, five provinces and two territories have general legislation relieving a Good Samaritan from liability for negligence.
PTS: 1 REF: p. 382 BLM: Remembering
