A nurse on an inpatient psychiatric unit is found to have made sexually explicit remarks toward a patient with a previous history of sexual abuse.
The patient sues, claiming malpractice. What conditions do not apply in this situation and do not support malpractice?
Breach of duty of care owed.
Causation.
Injury.
Intentional misconduct or criminal battery.
The Correct Answer is D
Choice A rationale
Breach of duty occurs when a healthcare professional fails to act within the established standard of care. In a malpractice suit, the plaintiff must prove that the nurse had a duty to the patient and that this duty was violated. Sexually explicit remarks clearly violate professional boundaries and the standard of care. Since a breach of duty is a core component of malpractice, it would apply in this situation to support the patient's legal claim.
Choice B rationale
Causation is the legal link between the professional's breach of duty and the resulting harm to the patient. To win a malpractice case, the patient must demonstrate that the nurse's specific actions directly caused the injury. In this scenario, the patient must show that the remarks led to psychological or emotional trauma. Because causation is a mandatory element for proving malpractice, it applies here and would be used to support the patient's legal argument.
Choice C rationale
Injury refers to the actual physical, emotional, or financial harm suffered by the patient due to the professional's negligence. Without proof of injury, a malpractice claim cannot be sustained. Given the patient's history of sexual abuse, explicit remarks are highly likely to cause significant emotional distress or psychological setbacks. Since injury is a required element for a successful malpractice suit, it applies to this situation and supports the patient's claim for damages.
Choice D rationale
Malpractice is technically a form of negligence, which is an unintentional tort, whereas intentional misconduct or criminal battery involves purposeful actions to cause harm or unwanted contact. While the nurse's behavior is egregious and may lead to separate criminal charges or intentional tort claims, these specific categories do not define the legal framework of professional malpractice. Therefore, intentional misconduct does not technically apply to the definition of malpractice, which focuses on failures in professional standards.
Nursing Test Bank
Naxlex Comprehensive Predictor Exams
Related Questions
Correct Answer is {"A":{"answers":"A"},"B":{"answers":"A"},"C":{"answers":"A"},"D":{"answers":"A"},"E":{"answers":"B"}}
Explanation
Rationale for Selections
- Two staff members calling off: This directly impacts the "Five Rights of Delegation" (specifically Right Person and Right Circumstance). The charge nurse must redistribute the workload to ensure all 20 beds are covered safely with fewer hands.
- Orientation of a new staff member: A trainee cannot be given a full independent assignment and requires a preceptor. This affects how other staff are assigned and who is available to supervise the new hire.
- Three residents with fevers: While "stable," new fevers require clinical monitoring and potential intervention. These residents should be assigned to staff capable of performing frequent assessments and reporting changes.
- Four residents requesting early showers: This is a workload management issue. Showers are time-consuming tasks for unlicensed nursing personnel (UNP). The charge nurse must decide if there is enough staff to accommodate these requests without neglecting other care duties.
- Dinner menu alteration: While this affects the facility, it generally does not change how a nurse delegates clinical or personal care tasks to the staff, as the kitchen provides the food regardless of temperature.
Correct Answer is C
Explanation
Choice A rationale
Suggesting that an already overwhelmed nurse take on more responsibilities is counterproductive and increases the risk of burnout and medical errors. From a psychological and physiological perspective, chronic stress leads to cognitive fatigue, which impairs decision-making and motor skills. Efficiency is not improved by increasing the workload but by refining processes and prioritizing tasks. Promoting a higher workload for a struggling novice nurse violates principles of safe staffing and could lead to significant compromises in patient care and safety.
Choice B rationale
Encouraging a nurse to arrive early to work off the clock is a violation of labor laws and does not address the underlying issue of poor time management or perfectionism. Scientifically, extending work hours increases the duration of physical and mental exertion, which can lead to sleep deprivation and decreased alertness. Safe nursing practice relies on well-rested clinicians who can perform complex calculations and assessments. Addressing the workflow within the designated shift hours is the only sustainable and safe method for improving professional performance.
Choice C rationale
Prioritizing essential tasks over perfectionism is a key strategy in effective time management. In a high-acuity clinical environment, nurses must distinguish between critical interventions that affect hemodynamics and secondary tasks. Perfectionism often leads to cognitive tunneling, where a nurse fixates on minor details while potentially missing significant changes in patient status. By focusing on safety and essential care, the nurse ensures that life-sustaining treatments and accurate assessments are completed first, which aligns with the principles of triage and the hierarchy of patient needs.
Choice D rationale
Simply telling a nurse to work faster is an ineffective and dangerous piece of advice. Speed should never be prioritized over accuracy in clinical settings, such as during medication administration or sterile procedures. Increasing speed without improving technique often leads to a higher frequency of near-misses and adverse events. The charge nurse should instead focus on helping the new nurse develop better organizational strategies and clinical judgment. Rushing can lead to sympathetic nervous system overactivation, which further impairs the fine motor skills required for nursing tasks.
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