CFN Legal Principles in Nursing 5 — Questions and Answers
Question 1: A forensic nurse is deposed before trial. The deposition is best described as:
- An informal meeting with the attorney
- Sworn out-of-court testimony that may be used at trial (Correct answer)
- A written statement submitted to the court clerk
- A preliminary hearing before the judge only
Correct answer: Sworn out-of-court testimony that may be used at trial
A deposition is sworn oral testimony taken outside of court under penalty of perjury that can be used at trial for impeachment or as evidence.
Question 2: When a forensic nurse suspects elder abuse in a long-term care facility, mandatory reporting laws typically require reporting to:
- The patient's family attorney only
- Adult Protective Services and/or law enforcement (Correct answer)
- The hospital ethics committee first
- The facility administrator who then decides whether to report
Correct answer: Adult Protective Services and/or law enforcement
Most states require mandatory reporters to report suspected elder abuse directly to Adult Protective Services and/or law enforcement, bypassing institutional gatekeepers.
Question 3: Which legal doctrine allows a court to seal medical records from public disclosure during litigation?
- Respondeat superior
- Protective order (Correct answer)
- Assumption of risk
- Res judicata
Correct answer: Protective order
A protective order issued by the court can restrict access to sensitive medical records to protect patient privacy during legal proceedings.
Question 4: A nurse expert witness provides testimony that goes beyond the established scientific consensus. The opposing attorney may challenge this testimony using the:
- Daubert standard (Correct answer)
- Good Samaritan statute
- Business judgment rule
- Respondeat superior doctrine
Correct answer: Daubert standard
The Daubert standard (and its predecessor Frye) requires expert testimony to be based on sufficient facts, reliable methodology, and accepted scientific principles.
Question 5: A forensic nurse notices a colleague altering a patient's forensic chart after law enforcement requested the records. The nurse's ethical and legal obligation is to:
- Remain silent to protect the colleague
- Report the alteration to administration and possibly law enforcement (Correct answer)
- Alter their own records to match the colleague's version
- Await the outcome of the legal case before acting
Correct answer: Report the alteration to administration and possibly law enforcement
Alteration of medical records is fraud; nurses have both an ethical obligation and may have a legal duty to report this misconduct.
Question 6: Which of the following represents a nurse's duty when encountering a conflict between institutional policy and a patient's legal rights?
- Follow institutional policy without question
- Prioritize the patient's legal rights and advocate for policy review (Correct answer)
- Defer entirely to the hospital legal department before acting
- Ignore the conflict and proceed with care as usual
Correct answer: Prioritize the patient's legal rights and advocate for policy review
When institutional policy conflicts with a patient's legal rights, nurses must uphold the patient's rights and advocate through proper channels for policy correction.
Question 7: The concept of 'foreseeability' in negligence law requires that:
- The nurse predicted the exact injury that occurred
- A reasonable person could have anticipated that the conduct might cause harm (Correct answer)
- The patient warned the nurse of potential injury beforehand
- The hospital policy specifically addressed the type of harm that occurred
Correct answer: A reasonable person could have anticipated that the conduct might cause harm
Foreseeability requires only that a reasonably prudent person could have anticipated that the negligent conduct created a risk of harm, not that the exact injury was predicted.
CFN Legal Principles in Nursing 5
A forensic nurse is deposed before trial.
The deposition is best described as: