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Test Bank for Legal and Ethical Issues in Nursing 6thEdition by Guido
Chapter 06: Tort Law
Question 1
Type: MCSA
A nurse is leaving the parking lot at the hospital and carelessly runs over a
patient who was just discharged. Ironically, the nurse had been assigned to
care for that patient that day. If the patient sues this nurse, which statement
is true?
1. The nurse cannot be held liable for either malpractice or
negligence based upon this set of facts.
2. The nurse can be held liable for both negligence and malpractice.
3. The nurse can be held liable for malpractice but not negligence.
4. The nurse can be held liable for negligence but not malpractice.
Correct Answer: 4
Rationale 1: The nurse may be held liable for this injury depending
upon circumstances.
Rationale 2: While the nurse may be held liable for injuries, this liability
does not fall under malpractice.
Rationale 3: Malpractice addresses a professional practice standard
and professional status of the caregiver.
Rationale 4: The nurse may be considered negligent related to driving
performance as driving action resulted in harm to an individual. This has
nothing to do with the nurse’s nursing practice and t patient that day, so malpractice doe
not apply.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management of Care
,Nursing/Integrated Concepts: Nursing Process: Implementation
Learning Outcome: 6.1 Distinguish negligence from malpractice.
Question 2
Type: MCSA
Punitive damages of one million dollars were awarded to the family of a
patient who died following a nursing medication error. What is true of
these punitive damages?
1. These damages are awarded to set an example to other nurses.
2. The jury believes actionsthe werenurse’anhonest mistake.
3. This jury identified this case as representing simple negligence.
4. The damages are awarded instead of the nurse serving prison time.
Correct Answer: 1
Rationale 1: Punitive damages may be awarded if there is malicious,
willful, or wanton misconduct; are usually considerable; and are awarded to
deter similar conduct in the future.
Rationale 2: Awarding of punitive damages indicates that the jury absolutely
does not think the error was an honest mistake but rather that it was willful in
some manner.
Rationale 3: Awarding of punitive damages indicates that the jury
absolutely does not think the error was simple negligence but rather that it
was willful in some manner.
Rationale 4: Punitive damages do not substitute for prison time.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management of Care
Nursing/Integrated Concepts: Nursing Process: Evaluation
Learning Outcome: 6.2 List the six elements of malpractice and give
examples of each element in professional nursing practice.
, Question 3
Type: MCSA
A lawsuit has been filed claiming that a nurse’s acti neonate. Why does the attorney for
the plaintiff want to prove proximate cause?
1. Proximate cause determines how far the nurse’s lia consequences of the alleged
negligent actions.
2. The need for expert witnesses is eliminated because harm can
be approximated.
3. A direct line of causation, from incident to injury, is proved.
4. To identify if the harm could have been predicted to result from the
action of the defendant
Correct Answer: 1
Rationale 1: Proximate cause attempts to determine if the defendant is liable
for occurrences that happen after the negligent act took place.
Rationale 2: Even if the cause is determined, expert witnesses may be
needed to testify on other aspects of the case, such as practice standards.
Rationale 3: The direct line of causation from incident to injury describes the
concept of cause-in-fact. Proximate cause can be difficult to prove because
there are often intervening variables.
Rationale 4: Foreseeability is the concept that the harm that occurred
could have been predicted as a result of the action of the defendant.
Global Rationale:
Cognitive Level: Applying
Client Need: Safe Effective Care Environment
Client Need Sub: Management of Care
Nursing/Integrated Concepts: Nursing Process: Evaluation
Learning Outcome: 6.2 List the six elements of malpractice and give
examples of each element in professional nursing practice.
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