NMC-CBT Legal Frameworks, Consent, and Capacity Flashcards
7 cards from real NMC CBT practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 NMC-CBT Legal Frameworks, Consent, and Capacity flashcards as text
Under the Public Interest Disclosure Act 1998 (PIDA), what protection does a nurse receive when making a protected disclosure about patient safety?
Answer: The nurse is protected from detriment or dismissal for making a qualifying disclosure in good faith
PIDA protects workers who make qualifying disclosures in good faith from suffering detriment or unfair dismissal as a result of their whistleblowing.
What is the legal basis for sharing patient information without consent in a situation where there is an immediate serious risk to a third party?
Answer: Common law duty of confidentiality permits disclosure to prevent serious harm to others
Common law recognises a limited exception to confidentiality when there is a real and serious risk of harm to an identifiable third party that cannot otherwise be prevented.
A patient lacks capacity and has no LPA or ADRT. A life-saving intervention is needed urgently. Under the MCA 2005, what authorises the clinical team to act?
Answer: The doctrine of necessity — the MCA section 5 defence allowing acts in connection with care or treatment
MCA 2005 Section 5 provides a legal defence for acts done in connection with care or treatment of a person lacking capacity, provided the person reasonably believes it is in the patient's best interests.
Under NMC guidance, what is required for a nurse to administer a medication prescribed verbally over the telephone in an emergency?
Answer: A second nurse should listen and confirm the instruction; it must be written up by the prescriber as soon as possible
NMC guidance permits verbal telephone orders in genuine emergencies provided a second registrant confirms the instruction and it is written up by the prescriber at the earliest opportunity.
Which of the following best describes the 'best interests' standard under the MCA 2005?
Answer: A holistic decision that considers the person's past wishes, values, beliefs, and the views of those close to them
Best interests under the MCA 2005 is a broad, holistic standard that must consider the person's previously expressed wishes, beliefs, values, and the views of carers and family members.
A nurse is updating a patient's electronic health record. Which action is consistent with Caldicott principles for handling patient information?
Answer: Accessing only the information necessary for the specific care being provided to that patient
The Caldicott principles require that patient-identifiable information is accessed on a need-to-know basis and only to the minimum necessary extent.
Under the Health and Social Care Act 2008, which regulatory body is responsible for registering and inspecting NHS hospitals and care homes in England?
Answer: The Care Quality Commission (CQC)
The Care Quality Commission (CQC) is the independent regulator responsible for registering, monitoring, and inspecting health and social care services in England under the Health and Social Care Act 2008.