A client who fell and broke his hip while being assisted to the bathroom by a nurse states he plans to sue the nurse. The nurse should know that, in a legal proceeding, the standard that will be used to determine if the nurse was negligent is which of the following?
The client's attorney states that injury to the client could have been prevented.
Another staff nurse provides testimony about how a reasonable, prudent nurse would have handled the situation.
The client's provider testifies the nurse was at fault for the injury.
An expert nurse provides testimony that the nurse should have handled the situation differently.
The Correct Answer is B
A. While the attorney may argue that the injury was preventable, this statement alone does not establish negligence. It lacks specific evidence or expert testimony to support the claim. Legal arguments must be substantiated by facts, not just assertions from an attorney.
B. This option describes a key component in establishing the standard of care in negligence cases. Testimony from another nurse about the actions of a "reasonable, prudent nurse" provides a benchmark against which the accused nurse’s actions will be measured. This type of testimony is often considered credible and is vital in determining whether the nurse acted within the accepted standards of practice.
C. While a provider’s testimony may influence the case, it is not definitive in establishing negligence. A provider may not be the appropriate expert to determine nursing standards and practices. Their perspective may be biased and does not constitute the standard of care expected of a nurse.
D. Expert testimony is indeed important in negligence cases, and an expert nurse can provide valuable insight into proper nursing practices. However, this option does not fully capture the essence of establishing negligence as clearly as option B, which specifically mentions the standard of a “reasonable, prudent nurse.”
Nursing Test Bank
Naxlex Comprehensive Predictor Exams
Related Questions
Correct Answer is A
Explanation
A. Disinfecting equipment is a routine infection control measure that UAPs can perform after receiving proper training on the protocol. This activity does not require clinical judgment and falls within the
UAP’s responsibilities.
B. While UAPs may assist in educating visitors about hand hygiene, the demonstration of correct hand washing techniques is typically a nursing responsibility. Nurses are trained to provide this education effectively and ensure that the information is conveyed appropriately, especially since it may involve assessing visitors’ understanding.
C. This task requires clinical judgment and assessment skills, which are within the nursing scope of practice. Nurses need to evaluate this information in the context of the client’s overall health and care plan, making it inappropriate for delegation to UAP.
D. Screening for symptoms involves assessment and interpretation, which require a nursing level of knowledge and clinical judgment. While UAPs may collect basic data or report observations, actively screening clients for specific symptoms should be performed by a nurse.
Correct Answer is C
Explanation
A. A client's address is indeed considered personally identifiable information (PII) under HIPAA, which protects an individual's health information that can be used to identify them.
B. This statement is true. HIPAA is a federal law that sets standards for the protection of health information. However, state laws can provide additional protections but cannot be less stringent than HIPAA.
C. This statement indicates a need for further teaching. Under HIPAA, health information can only be disclosed to family members if the client has given consent or if it is in the best interest of the client (such as in emergencies). Without patient authorization, healthcare providers cannot disclose information freely.
D. This statement is accurate. HIPAA indeed regulates how individually identifiable health information is managed and protected, regardless of the format in which it is stored or communicated (verbal, electronic, or written).
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