LVN Legal and Ethical Practice 3 — Questions and Answers
Question 1: Which action constitutes battery in the nursing context?
- Threatening to give a patient an injection if they are non-compliant
- Performing a procedure on a competent patient who explicitly refused it (Correct answer)
- Discussing a patient's diagnosis without their consent
- Failing to report a medication error
Correct answer: Performing a procedure on a competent patient who explicitly refused it
Battery is the unauthorized, offensive touching of another person; performing a procedure on a patient who refused it meets this legal definition.
Question 2: An LVN observes signs of physical abuse on an elderly patient admitted from a nursing home. The LVN is legally required to:
- Wait for the family to visit before making any report
- Confront the nursing home staff directly
- Report the suspected abuse to the supervisor and appropriate authorities (Correct answer)
- Document findings but take no further action unless ordered
Correct answer: Report the suspected abuse to the supervisor and appropriate authorities
LVNs are mandated reporters; suspected elder abuse must be reported to the supervisor and the relevant protective services agency.
Question 3: The term 'respondeat superior' in nursing law means:
- Nurses must always follow physician orders
- Employers can be held liable for the negligent acts of their employees (Correct answer)
- The supervising RN is always responsible for LVN errors
- Nurses are immune from litigation when following hospital policy
Correct answer: Employers can be held liable for the negligent acts of their employees
Respondeat superior is the legal doctrine holding employers vicariously liable for employees' negligent acts performed within the scope of employment.
Question 4: A patient with decision-making capacity asks the LVN to keep their HIV status secret from their spouse. The LVN should:
- Immediately disclose the status to the spouse for their protection
- Maintain confidentiality and consult the supervisor about duty-to-warn obligations (Correct answer)
- Document the request but share the information with all care team members
- Refuse to care for the patient unless they consent to disclosure
Correct answer: Maintain confidentiality and consult the supervisor about duty-to-warn obligations
Confidentiality must be respected, but the LVN should escalate the ethical tension around duty-to-warn to a supervisor or ethics committee for guidance.
Question 5: Which of the following best defines 'negligence' in nursing practice?
- Intentional harm caused to a patient
- Failure to meet the standard of care that a reasonably prudent nurse would provide (Correct answer)
- Performing a procedure without proper documentation
- Disagreeing with a physician's order
Correct answer: Failure to meet the standard of care that a reasonably prudent nurse would provide
Negligence occurs when a nurse fails to act as a reasonably prudent nurse would under similar circumstances, resulting in patient harm.
Question 6: An LVN is delegating tasks to a nursing assistant (CNA). Which task is within the CNA's scope and safe to delegate?
- Administering oral medications
- Performing a wound assessment
- Assisting a stable patient with ambulation (Correct answer)
- Inserting a urinary catheter
Correct answer: Assisting a stable patient with ambulation
Assisting a stable patient with ambulation is within a CNA's scope; medication administration, assessment, and catheter insertion require nursing licensure.
Question 7: A patient's family member demands to see the patient's chart without the patient's consent. The LVN should:
- Allow access since family members are legally entitled to records
- Provide a summary of the patient's condition verbally
- Deny access and explain that only the patient or authorized representative may authorize release (Correct answer)
- Call security immediately
Correct answer: Deny access and explain that only the patient or authorized representative may authorize release
HIPAA protects patient privacy; family members have no automatic right to records without the patient's explicit authorization.
LVN Legal and Ethical Practice 3
Which action constitutes battery in the nursing context?