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HESI Leadership/Management Questions and Correct Answers | Latest Update

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Laws Governing Nursing -:- Nurse Practice Acts Nurse Practice Acts -:- provide the laws that control the practice of nursing in each state. Mandatory Nurse Practice Acts -:- authorize that, under the law, only licensed professionals an practice nursing. Nurse's Responsibility in making ass...

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  • September 10, 2024
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  • 2024/2025
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HESI Leadership/Management Questions
and Correct Answers | Latest Update
Laws Governing Nursing

✓ -:- Nurse Practice Acts




Nurse Practice Acts

✓ -:- provide the laws that control the practice of nursing in each state.




Mandatory Nurse Practice Acts

✓ -:- authorize that, under the law, only licensed professionals an practice nursing.




Nurse's Responsibility in making assignments

✓ -:- governed by Nurse Practice Acts. 1. Assignments should be commensurate with

the nursing personnel's educational preparation, experience, and knowledge. 2. The

nurse should supervise the care provided by nursing personnel for which he or she is

administratively responsible. 3. Sterile or invasive procedures should be assigned to

or supervised by a professional nurse (RN).




Torts

✓ -:- An act involving injury or damage to another (except breach of contract) resulting

in civil liability (i.e., the victim can sue) instead of criminal liability



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Unintentional Torts

✓ -:- Negligence and malpractice




Negligence

✓ -:- performing an act that a reasonable and prudent person would not perform. The

measure of negligence is "reasonableness" (i.e., would a reasonable and prudent

nurse act in the same manner under the same circumstances?)




Malpractice

✓ -:- negligence by professional personnel (e.g., professional misconduct or

unreasonable lack of skill in carrying out professional duties)




Four elements necessary to prove negligence or malpractice

✓ -:- duty, breach of duty, injury/damages, causation




Duty

✓ -:- Obligation to use due care (what a reasonable, prudent nurse would do); failure

to care for and/or to protect others against unreasonable risk. The nurse must

anticipate foreseeable risks. Example: If a floor has water on it, the nurse is

responsible for anticipating the risk for a client's falling.




Breach of duty



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✓ -:- failure to perform according to the established standard of conduct in providing

nursing care




Injury/damages

✓ -:- failure to meet standard of care, which causes actual injury or damage to the

client, either physical or mental.




Causation

✓ -:- a connection exists between conduct and the resulting injury referred to as

"proximate cause" or "remoteness of damage"




Hospital policies

✓ -:- provide a guide for nursing actions. They are not laws, but courts generally rule

against nurses who have violated the employer's policies. Hospital can be liable for

poorly formulated or poorly implemented policies




Incident reports

✓ -:- alert administration to possible liability claims and the need for investigation; they

do not protect against legal action being taken for negligence or malpractice




Examples of negligence or malpractice




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✓ -:- 1. Burning a client with a heating pad. 2. Leaving sponges or instruments in a

client's body after surgery. 3. Performing incompetent assessments. 4. Failing to heed

warning signs of shock or impending MI. 5. Ignoring signs and symptoms of bleeding.

6. Forgetting to give a med or giving the wrong med




Intentional Torts

✓ -:- Assault and battery, Invasion of privacy, False imprisonment, Exposure of a

person, Defamation, Fraud




Assault

✓ -:- Mental or physical threat (e.g., forcing [without touching] a client to take a

medication or treatment)




Battery

✓ -:- touching, with or without the intent to do harm (e.g., hitting or striking a client). If

a mentally competent adult is forced to have a treatment he or she has refused,

battery occurs.




Invasion of privacy

✓ -:- Encroachment or trespassing on another's body or personality




False imprisonment



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