Chapter 07: The Nurse’s Legal Accountabilities: Professional Competence, Misconduct, Malpractice, and Nursing Documentation Keatings: Ethical & Legal Issues in Canadian Nursing, 4th Edition MULTIPLE CHOICE 1. Which of the following describes an employer’s responsibility in relation to the standard
of care? a. To address the effects of nurse absenteeism on patient care b. To evaluate all nurses on an annual basis to ensure that they are meeting standards c. To implement an improvement plan for nurses who do not meet standards d. To follow collective agreements regarding scheduling practices ANS: C Feedback A B C
D
Incorrect—This does not relate to the employer’s responsibility regarding the standard of care. Incorrect—Annual evaluation is not only the responsibility of the employer, but nurses are also accountable and have the responsibility to regularly self-evaluate. Correct! Employers have a common law duty to take active steps to ensure that nurses falling short of a standard receive the appropriate improvement plan. Otherwise, the employer may be liable. Incorrect—This relates to meeting the provision of union contracts; it does not relate to the employer’s responsibility regarding the standard of care.
DIF: Cognitive level: Synthesis 2. Which of the following is the best example of an intentional tort? a. A nurse assaults a patient. b. A nurse makes a medication error, which results in the patient having an adverse
reaction. c. A nurse is abusing substances while at work. d. A nurse accidentally runs a commode over a patient’s foot and bruises it. ANS: A Feedback A
B C
D
Correct! An intentional tort is a civil wrong committed against one person by another who intends the action that causes injury or damage to either the victim or the victim’s property. A nurse who assaults a patient is committing an intentional tort. Incorrect—This is a nonintentional tort and may constitute negligence. Incorrect—This could be related to a medical issue or possibly an illness on the part of the nurse. If, for example, the substance is alcohol and if the nurse is impaired and as a result the patient is harmed, then this would constitute criminal negligence. Incorrect—This event was unintentional and did not cause serious damage; it is not a tort.
