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 B
Explanation
A. While it’s true that surgery itself is beyond the nurse's scope of practice, liability can still arise from the actions taken in relation to the consent process. The issue is not about the surgery itself but about the responsibility associated with witnessing the consent.
B. The nurse’s role in this context is to witness the client’s signature, not to guarantee the client’s understanding of the procedure or the risks involved. The witness signature generally indicates that the nurse observed the client signing the document but does not imply that the nurse ensured the client understood all aspects of the surgery.
C. Cosigning a consent form does not make the nurse an equal member of the surgical team in terms of decision-making or responsibilities. The nurse's role as a witness is limited to observing the signing process.
D. The nurse’s signature does not imply that they confirmed the client's understanding of the risks involved. The responsibility for explaining the risks and ensuring the client’s understanding typically falls to the physician or surgeon.
Correct Answer is D
Explanation
A. While suggesting an in-service could be beneficial in the long run, it is not an immediate or direct approach to addressing the specific behavior observed. This statement deflects from the issue at hand and may not convey the urgency needed in correcting the aide's behavior.
B. This statement is somewhat vague and could come across as patronizing or defensive. While it points out the need to be mindful of tone, it does not specifically address the emotional impact of the aide’s behavior on the client or acknowledge the situation effectively. It focuses on appearance rather than the well-being of the patient.
C. This approach does not address the underlying issue of the aide's behavior and may create a confrontational or punitive atmosphere. It can also foster resentment rather than promote learning and improvement. It's essential to address behaviors directly instead of merely reassigning responsibilities.
D. This statement is direct and addresses the specific behavior observed. It expresses concern without being accusatory and opens a dialogue about the aide’s communication style. This approach encourages reflection and offers the aide an opportunity to discuss and understand how their tone may affect clients, especially those with cognitive impairments like Alzheimer's.
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