A nurse practitioner makes a medical error in which she administers gentamycin intravenously in her clinic without checking any lab work. As a result, her patient loses hearing. Why is this considered a civil case rather than a criminal case?
Nursing boards have too much power.
The NP hired a very good attorney.
Although the NP's act was voluntary, she did not have evil intent.
The patient dropped the criminal charges.
The Correct Answer is C
Choice A reason: The power of nursing boards is unrelated to the classification of a case as civil or criminal. Boards regulate licensure and professional conduct but do not determine legal case types.
Choice B reason: Hiring a good attorney may influence the outcome of a case but does not determine whether it is civil or criminal. The nature of the act and intent are the key factors.
Choice C reason: Civil cases typically involve negligence or malpractice where harm results from a lack of due care, not criminal intent. Since the NP did not act with malice or intent to harm, the case is classified as civil, focusing on compensation rather than punishment.
Choice D reason: Criminal charges are filed by the state, not the patient. A patient cannot “drop” criminal charges. The classification depends on the nature of the act, not the victim’s decision.
Nursing Test Bank
Naxlex Comprehensive Predictor Exams
Related Questions
Correct Answer is A
Explanation
Choice A reason: Korsakoff’s syndrome is a chronic neuropsychiatric condition resulting from thiamine deficiency, most commonly associated with prolonged alcohol use. It is characterized by severe memory impairment, including both retrograde and anterograde amnesia, and confabulation—where the patient fills in memory gaps with fabricated stories. This clinical presentation matches the description provided.
Choice B reason: Lewy body dementia involves fluctuating cognition, visual hallucinations, and parkinsonian features. It does not typically present with confabulation or the specific memory deficits seen in Korsakoff’s syndrome.
Choice C reason: Delirium is an acute, fluctuating disturbance in attention and awareness, often reversible. It does not cause persistent amnesia or confabulation and is not consistent with the chronic nature of this patient’s symptoms.
Choice D reason: Kuru is a rare prion disease historically found in Papua New Guinea, associated with cannibalistic rituals. It presents with tremors and neurodegeneration but is not relevant to this case and does not involve confabulation or alcohol-related pathology.
Correct Answer is B
Explanation
Choice A reason: The AMA did not remain silent on the report. Given the implications for scope of practice and healthcare delivery models, the organization issued a formal response to the IOM’s recommendations.
Choice B reason: The American Medical Association challenged the report, emphasizing the importance of physician-led teams in maintaining high standards of care and cost-effectiveness. The AMA expressed concern that expanding nurses’ scope of practice without physician oversight could compromise care quality and safety. Their stance reflected a broader debate over professional boundaries and healthcare roles.
Choice C reason: The AMA did not accept the report in its entirety nor did it assist in implementing its recommendations at the federal level. In fact, their response was critical, not supportive.
Choice D reason: The AMA did not actively help distribute or implement the report at the state level. While some nursing organizations and coalitions did pursue state-level reforms, the AMA’s position remained oppositional.
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