When the nurse inserts an ordered urinary catheter into the client's urethra after the client has refused the procedure, and then the client suffers an injury, the client may sue the nurse for which type of tort?
Battery.
Dereliction of duty.
Assault.
Invasion of privacy.
The Correct Answer is A
Choice A rationale
Battery in a legal context refers to the intentional touching of another person without their consent. Inserting a urinary catheter into a client's urethra after the client has explicitly refused the procedure constitutes a non-consensual physical contact. Even if the procedure was ordered, the lack of consent transforms the act into battery, especially if it results in injury to the client.
Choice B rationale
Dereliction of duty, a component of negligence, involves a failure to meet the accepted standard of care. While inserting a catheter against a client's will could be seen as a failure in ethical and potentially professional standards, the specific tort of battery focuses on the unauthorized physical contact, regardless of whether it was done negligently or with intent to harm (though intent to touch without consent is present).
Choice C rationale
Assault involves an intentional act that creates a reasonable apprehension of immediate harmful or offensive contact. While the client may have felt threatened or apprehensive when the nurse proceeded despite their refusal, the actual insertion of the catheter and subsequent injury constitute battery, as physical contact occurred. Assault precedes battery; battery is the actual physical contact.
Choice D rationale
Invasion of privacy pertains to the wrongful intrusion into a person's private affairs or the public disclosure of private information. While a client has a right to privacy regarding their body and medical procedures, the act of physically inserting a catheter against their will, leading to injury, primarily constitutes a physical violation and lack of consent, which falls under the definition of battery.
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Naxlex Comprehensive Predictor Exams
Related Questions
Correct Answer is A
Explanation
Choice A rationale
The nurse practice act and agency policy provide the legal and organizational framework for nursing practice and delegation. Determining if the delegation of topical medication administration is permissible under these guidelines is the foundational first step to ensure legality and adherence to established protocols.
Choice B rationale
Assessing the UAP's training is crucial for safe delegation, but it's secondary to ensuring that the task is delegable in the first place according to legal and policy guidelines. Training is irrelevant if the task cannot be delegated.
Choice C rationale
Ensuring appropriate supervision is essential for delegated tasks, but again, it's contingent on whether the task can be legally and organizationally delegated. Supervision protocols come into play after the initial permissibility of delegation is established.
Choice D rationale
Evaluating the client's past response to the treatment is important for ongoing care but doesn't determine the initial delegability of the task to a UAP. The focus of the first question is on the legal and policy aspects of delegation. .
Correct Answer is D
Explanation
Choice A rationale
The adrenal glands primarily produce hormones that regulate metabolism, immune system, blood pressure, stress response, and other essential functions. While these hormones are crucial for overall bodily function and indirectly influence alertness and arousal, they are not the primary neurological structures responsible for maintaining a conscious and aroused state.
Choice B rationale
The renin-angiotensin-aldosterone system (RAAS) is a hormonal system that regulates blood pressure and fluid balance. While changes in blood pressure and fluid balance can affect overall well-being and indirectly influence alertness, the RAAS is not the neurological center responsible for a person's state of arousal.
Choice C rationale
Cranial nerves are a set of twelve paired nerves that emerge directly from the brain. They are responsible for a wide range of sensory and motor functions, including vision, hearing, taste, smell, facial movements, and swallowing. While some cranial nerves contribute to sensory input that can influence alertness, they are not the central structure responsible for maintaining arousal itself.
Choice D rationale
The reticular activating system (RAS) is a network of neurons located in the brainstem that plays a crucial role in regulating wakefulness, alertness, and the sleep-wake cycle. It filters incoming sensory information and relays important signals to the cerebral cortex, maintaining a state of arousal and consciousness. Damage to the RAS, such as that which can occur following a stroke, can lead to altered levels of consciousness. .
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