In a case of professional negligence, a jury would compare the nurse's actions (or lack of actions) to what standard?
What the facility states should have been done in that situation.
What the public expectations of what is to be done in the same situation.
What a reasonable and prudent nurse would have done in the same situation.
What the general practice of colleagues at the time, in the same situation.
The Correct Answer is C
What the facility states should have been done in that situation:
Facilities have their own policies and procedures that guide the staff. While these are important for ensuring consistent care and safety, they might not always align perfectly with the evolving standards of practice or individual patient needs. Legal standards are more broadly based on what is reasonable and prudent in the specific situation.
What the public expectations of what is to be done in the same situation:
Public expectations might vary widely and can be influenced by individual beliefs, cultural factors, or misconceptions. Legal standards are established by the profession and are based on specialized knowledge and training, ensuring that they reflect the best practices and evidence-based care.
What a reasonable and prudent nurse would have done in the same situation:
This is the key standard in legal contexts, known as the standard of care. It means evaluating the nurse's actions against what a hypothetical, reasonably competent nurse with similar training and experience would have done under similar circumstances. This standard is based on professional expertise, current evidence, and the specific needs of the patient, making it the most relevant and fair measure in cases of professional negligence.
What the general practice of colleagues at the time, in the same situation:
While professional norms and guidelines do consider the practices of colleagues, they also leave room for individual judgment and critical thinking. Just because a practice is common among colleagues does not necessarily mean it meets the standard of care. The legal standard considers what a reasonably prudent nurse would have done, which may involve a more careful evaluation of the situation than simply following common practice.
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Naxlex Comprehensive Predictor Exams
Related Questions
Correct Answer is D
Explanation
Assault: Assault involves the threat of harmful or offensive contact. It doesn't apply here because there is no immediate threat of physical harm in this situation.
Battery: Battery involves actual physical contact without the person's consent. This situation doesn't involve physical contact.
Invasion of privacy: Invasion of privacy refers to intruding upon a person's private affairs. This situation doesn't involve an intrusion of privacy.
False Imprisonment: False imprisonment occurs when a person is unlawfully restrained from moving about freely. In the context described, if a client is not allowed to leave the hospital until the bill is paid, it can be considered false imprisonment as the person is being unlawfully restrained from leaving. Patients generally have the right to refuse treatment or leave a hospital, except under specific circumstances such as imminent danger to themselves or others. Restraining a patient due to unpaid bills without medical necessity constitutes false imprisonment.
Correct Answer is C
Explanation
Libel: Libel is a form of defamation that occurs in written or printed words, pictures, or any form other than spoken words or gestures. Since the nurse's actions involved spoken words, it doesn't constitute libel.
Fraud: Fraud involves intentional deception to secure unfair or unlawful gain, or to deprive someone of a legal right. While the nurse's actions were inappropriate and unprofessional, they don't necessarily involve financial or material deception, which is a characteristic of fraud.
Slander: Slander is a form of defamation that involves making false spoken statements that harm the reputation of another person. In this case, the nurse verbally spread false and damaging information about the client, harming their professional reputation.
Malpractice: Malpractice refers to professional negligence or a professional misconduct that results in harm to a patient. While the nurse's actions were inappropriate, they might not directly fall under the category of malpractice unless the client suffered harm due to the nurse's statements impacting their medical care.
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