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Keatings: Ethical and Legal Issues in Canadian Nursing, 3rd Edition
Chapter 7: The Nurse’s Legal Accountabilities
Test Bank
MULTIPLE CHOICE
Incorrect A: This does not relate to the employer’s responsibility regarding the standard
of care.
Incorrect B: Annual evaluation is not only the responsibility of the employer; nurses are
also accountable and have the responsibility to regularly self-evaluate.
Incorrect D: This does not relate to the employer’s responsibility regarding the standard
of care.
4. A nurse whose lack of actions demonstrates disregard for the lives or safety of others is
liable for which of the following?
a. Criminal incompetence
b. Statutory negligence
c. Professional malpractice
d. Criminal negligence
ANS: D
Correct D: This nurse is liable for criminal negligence. If a nurse fails to perform some
act that is part of her nursing procedures and duties and someone dies or suffers serious
bodily harm as a result, the omission in care may constitute a criminal offense.
5. Which of the following may a nursing expert witness be called to a trial to do?
a. To interpret the health care record
b. To interpret the educational qualifications of the nurse in question
c. To present regulatory body standards
d. To describe previous malpractice incidents regarding the nurse in question
ANS: A
Correct A: Nursing experts are called as witnesses to interpret the health care record and
assist the court in reconstructing the events and drawing inferences.
Incorrect B: Professional standards may be used to support a case but cannot be used to
determine negligence.
Incorrect C: The type of court is irrelevant in this situation.
Incorrect D: Cases of misconduct, incompetence, and negligence may all be heard by a
review board; however, negligence would also be judged by the courts if the nurse was
involved in a lawsuit.
TRUE/FALSE
ANS: F
Correct: Failing to meet a standard of practice of the nursing profession would be called
professional misconduct. Malpractice involves performing lawful acts in a careless
manner or in a manner that does not conform to a generally recognized practice standard
or standard of care in the nursing profession.
2. A nurse who performs a procedure beyond her level of skill and ability would be
considered incompetent.
ANS: F
Correct: The nurse would be considered negligent, not incompetent.
3. An assault occurs when a person intentionally threatens another person with imminent
harm.
ANS: T
Correct: Assault is the intentional threat of imminent harm. Actual physical contact is not
necessary to prove assault.
4. The nurse’s duty of care to patients and clients is based on professional standards of care.
ANS: T
Correct: Nurses owe a duty of care to patients and clients to act in a competent and
diligent manner according to the standard of the reasonably competent nurse.
5. In a case where a nurse’s conduct is in question, the standard of care used in court would
be the actions of a reasonably competent nurse in similar circumstances.
ANS: T
Correct: The standard of care is what a reasonably competent professional would do in a
similar situation. The nurse is legally required to operate and act at a level that meets or
exceeds the standard of care of a reasonably prudent caregiver or health care professional.
6. Contributory negligence means that the patient, as the plaintiff, is partly responsible for
the harm she suffered.
ANS: T
Correct: Contributory negligence means that the patient, as the plaintiff, is found to be
partly at fault for the harm she suffered. In all common law provinces and territories, the
patient may still recover damages from the defendant even if the patient is in some way
responsible.
But even with all the visions which it evokes, how far
inferior is the “pond” of Sérignan to the pond of Saint-
Léons, “the pond with the little ducks on it, so rich in
illusions! Such a pond is not met with twice in a
lifetime. One needs to be equipped with one’s first
pair of breeches and one’s earliest ideas in order to
have such luck!” 5
“Not all our laboratory aquaria are worth the print left
in the clay by the shoe of a mule, when a shower has
filled the humble [222]basin and life has peopled it with
her marvels.” 7
During the greater part of the year the Aygues is a vast sheet
of flat white stones; of the torrent only the bed is left, a furrow
of enormous width, comparable to that of its mighty
neighbour, the Rhône. When persistent rains fall, when the
snows melt on the slopes of the Alps, the dry furrow fills for a
few days, complaining, overflowing to a great distance, and
displacing, amid the uproar, its pebbly banks. Return a week
later: the din of the flood is succeeded by silence. The terrible
waters have disappeared, leaving on the banks, as a trace of
their brief passage, some wretched muddy puddles quickly
drunk up by the sun.
It tells us also many things, this little red Weevil “from the
heights rich in hazel-bushes” [226]and carried by the storm into
the alder-thickets of the Aygues.
And we are touched by the analogy between its fate and his
own. Fabre too was a child of the heights rich in hazel-
bushes. 2 He too had to leave the place of his birth, carried
away by the storm that tore him from the bosom of his native
mountains to bear him into the plains of Provence. He too
made the voyage with very poor and very fragile equipment.
For a long time, terribly tossed by the waves, he was more
than once sorely bruised, but was yet not broken upon the
stones of the torrent; more than once he was whirled
suddenly round, but he nevertheless continued to pursue his
aim, and finally he pierced the husk and emerged from the
shell, to give his activity free scope, as soon as he was able
to free himself and establish his lot in a favourable
environment.
But for all this Fabre still bears the stamp of the soil
and of his ancestry, and I am certain that the pagès
of the banks of the Viaur, were they to descend to the
banks of the Aygues to visit the hermit of Sérignan,
would recognise by more than one characteristic the
child of their native soil and their own race. Under his
wide felt hat, “in his linen jacket” 7 and his heavy
shoes, with a face like theirs in its simplicity and good
nature, he would see almost one of themselves. And
if, after entering his home, they were to follow him
into the enclosure, among his crops and his
appliances, if they were to see him valiantly digging
up the soil of the harmas in search of fresh burrows
of the Scarabæi, or assembling a few thick planks to
contrive some new entomological apparatus, or
simply beating the brushwood over his inverted
umbrella in search of insects, they would certainly be
tempted to join in and lend him a hand as though
dealing with a fellow-labourer.
1 Mont Ventoux, an outlying summit of the Alps, 6270 feet high. Cf. Insect Life,
chap. xiii.—A. T. de M. ↑
2 Fabre lived the first years of his life (cf. chap. i.) on the mountains of Lavaysse,
which are almost of the birth and bifurcation of the two ranges of the Levezon
and the Palanger. In the language of his country La Vaysse, pronounced Lo
Baïsso, means “the hazel-bush.”
An alien zoology too is represented in the osier-beds of the Aygues, whose peace
is never disturbed save in freshets of exceptional duration. The wild spates of the
Aygues bring into our countryside and strand in the osier-thickets the largest of our
Snails, the glory of Burgundy, Helix pramatias. ↑
3 Souvenirs, VI., pp. 26–37, 42. The Life of the Fly, chap. v., “Heredity.” ↑
4 A district of the province of Guienne, having Rodez for its capital. The author’s
maternal grandfather, Salgues by name, was the huissier, or, as we should say,
sheriff’s officer, of Saint-Léons.—A. T. de M. ↑
5 The author’s father kept a café at Pierrelatte and other small towns in the south
of France.—A. T. de M. ↑
6 Souvenirs, VI., pp. 26–37, 42. The Life of the Fly, chap. v., “Heredity.” ↑
7 Fabre had a sort of natural horror of luxury. ↑
[Contents]
CHAPTER XVI
THE HERMIT OF SÉRIGNAN
(CONTINUED)
Oh, if you could now observe at your ease, in the quiet of your
study, with nothing to distract your mind from your subject, far
from the profane wayfarer who, seeing you so busily occupied
at a spot where he sees nothing, will stop, overwhelm you
with queries, take you for some water-diviner, or—a graver
suspicion this—regard you as some questionable character
searching for buried treasure and discovering by means of
incantations where the old pots full of coin lie hidden! Should
you still wear a Christian aspect in his eyes, he will approach
you, look to see what you are looking at, and smile in a
manner that leaves no doubt as to his poor opinion of people
who spend their time in watching Flies. You will be lucky
indeed if the troublesome visitor, with his tongue in his cheek,
walks off at last without disturbing things and without
repeating in his innocence the disaster brought about by my
two conscripts’ boots.
“In the name of the law, I arrest you! You come along with
me!”
It was the keeper of Les Angles, who, after vainly waiting for
an opportunity to catch me at fault and being daily more
anxious for an answer to the riddle that was worrying him, at
last resolved upon the brutal expedient of a summons. I had
to explain things. The poor man seemed anything but
convinced:
The room is closed for the night. The father lies outside; the
mother does the same when the fledglings are a certain size.
Then, from the earliest dawn, they are at the windows, greatly
troubled by the glass barricade. In order to open the window
to the afflicted parents, I have to rise hurriedly with my eyelids
still heavy with sleep.