Mrs. Franklin, an 81-year-old Alzheimer's patient hospitalized under your care has been asked to participate in a clinical trial testing a new drug designed to help improve memory. You were present when the clinical investigator obtained a signed informed consent from Mrs. Franklin a few days ago. However, when you visit Mrs. Franklin today and ask her if she is ready to begin the study tomorrow, she looks at you blankly and seems to have no idea what you are talking about. What should you do?

Questions 56

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Legal and Ethical Aspects of Healthcare Questions

Question 1 of 5

Mrs. Franklin, an 81-year-old Alzheimer's patient hospitalized under your care has been asked to participate in a clinical trial testing a new drug designed to help improve memory. You were present when the clinical investigator obtained a signed informed consent from Mrs. Franklin a few days ago. However, when you visit Mrs. Franklin today and ask her if she is ready to begin the study tomorrow, she looks at you blankly and seems to have no idea what you are talking about. What should you do?

Correct Answer: D

Rationale: Her current lack of understanding casts doubt on her consent; all steps are necessary to reassess her participation.

Question 2 of 5

A 28-year-old married woman who works with you in the clinic as a nurse privately comes to you because she 'missed a period' this month. An over-the-counter urine pregnancy test confirms that she is pregnant. First-trimester laboratory testing reveals that she is also HIV positive. When you inform the patient of her HIV status, she is devastated. She hesitantly reveals that she had unprotected sexual intercourse with a former boyfriend several months ago. You explain that her husband's HIV status must be evaluated. The patient is horrified and says 'No, I cannot tell him about this. He would never forgive me!' Which of the following is the most appropriate first step?

Correct Answer: D

Rationale: HIV is reportable, but encouraging her to inform her husband first respects her autonomy while meeting public health obligations.

Question 3 of 5

This type of law results from judicial decisions, is heard in court, and is the most common type of case a nurse is involved in.

Correct Answer: A

Rationale: Common law is the correct answer because it refers to a type of law that is developed through judicial decisions and is based on precedents set by previous court cases. Nurses often encounter common law cases as they involve legal disputes and issues that arise in healthcare settings. This type of law is different from statutory law, which is created by legislative bodies, and regulatory law, which is established by administrative agencies.

Question 4 of 5

This is the person being accused of the crime

Correct Answer: C

Rationale: The correct answer is defendant. In a legal case, the defendant is the person who is being accused of the crime. They are the individual that the prosecution is trying to prove guilty. The jury is a group of individuals who listen to the evidence presented in court and determine the defendant's guilt or innocence. The criminal refers to the nature of the case, as it involves a crime. The plaintiff, on the other hand, is the person or party who brings a lawsuit against another in civil cases, not criminal cases.

Question 5 of 5

A 77-year-old woman with an inoperable brain tumor has been hospitalized for the past 5 days. Her daughter comes to visit her. The patient has asked that her daughter not be told her diagnosis. After visiting with her mother, the daughter asks to speak to the nurse. She says, 'My mother claims she has pneumonia, but I know she is not telling me the truth.' The daughter asks the nurse to tell her what is truly wrong with her mother. The nurse should tell her that:

Correct Answer: C

Rationale: The nurse's first allegiance is to the patient and her desire for confidentiality. Telling the daughter to speak to the physician would place the physician in the same position as the nurse. Telling her that her mother has pneumonia would be a lie. The nurse, of course, should inform the physician of the patient's wishes so that he will be prepared if the daughter questions him about her mother's health condition.

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