he newborn nursery is desperately short of staff. During the 14th hour on duty, the nurse makes a medication error. What is the nurse's legal responsibility?
The hospital accepts full responsibility for the negligent act.
No legal action can be brought against the nurse.
The nurse's legal responsibilities are met if an incident report is filed.
The nurse is held to the same standard of care as any nurse with her education and experience.
The Correct Answer is B
The hospital accepts full responsibility for the negligent act: While the hospital does have a shared responsibility for the safety of patients, individual healthcare professionals are accountable for their actions. Hospitals may face consequences as well, but individual practitioners are legally responsible for their own actions.
No legal action can be brought against the nurse: If a nurse makes a medication error, legal action can be taken. Healthcare professionals are accountable for their actions, and legal consequences can follow if negligence or malpractice occurs.
The nurse's legal responsibilities are met if an incident report is filed: Filing an incident report is an important step in addressing errors, but it does not absolve the nurse of legal responsibility. It is a tool used within healthcare institutions to improve patient safety and learn from mistakes, but it does not eliminate the legal consequences of an error.
The nurse is held to the same standard of care as any nurse with her education and experience: Nurses are held to a standard of care based on their education, experience, and the specific circumstances of the situation. If a nurse fails to meet this standard, they can be held legally responsible for their actions.
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Related Questions
Correct Answer is C
Explanation
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.
Correct Answer is A
Explanation
A Do Not Resuscitate (DNR) order is indeed legally separate from advance directives. While both deal with medical interventions, they are distinct concepts:
Advance directives are legal documents that allow individuals to specify their medical treatment preferences in case they become unable to communicate or make decisions. These can include living wills, durable power of attorney for healthcare, and healthcare proxies. Advance directives provide a broader set of instructions regarding medical care and decision-making.
DNR orders, on the other hand, specifically address the issue of cardiopulmonary resuscitation (CPR). A DNR order instructs healthcare providers not to attempt CPR if a person's heart stops beating or they stop breathing. DNR orders are often a part of a person's broader advance directives, but they focus specifically on resuscitation efforts.
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