CFN Legal Principles in Nursing 2 — Questions and Answers
Question 1: A forensic nurse is subpoenaed to testify about a patient's injuries. Which type of testimony is the nurse most likely to provide?
- Hearsay testimony
- Expert witness testimony (Correct answer)
- Character witness testimony
- Lay witness testimony only
Correct answer: Expert witness testimony
Forensic nurses with specialized training are qualified to provide expert witness testimony regarding injury patterns and forensic findings.
Question 2: What is the legal term for a nurse's failure to meet the standard of care that results in patient harm?
- Battery
- Negligence (Correct answer)
- Assault
- False imprisonment
Correct answer: Negligence
Negligence occurs when a nurse fails to meet the standard of care expected of a reasonably prudent nurse, resulting in harm.
Question 3: A patient refuses a forensic examination after being told about the process. The nurse performs the exam anyway. This constitutes:
- Negligence
- Battery (Correct answer)
- Breach of duty
- Abandonment
Correct answer: Battery
Performing a medical procedure without consent is battery, which is intentional harmful or offensive contact without the patient's permission.
Question 4: Which doctrine holds hospitals vicariously liable for the negligent acts of their employed nurses?
- Res ipsa loquitur
- Respondeat superior (Correct answer)
- Contributory negligence
- Assumption of risk
Correct answer: Respondeat superior
Respondeat superior ('let the master answer') holds employers liable for negligent acts of employees performed within the scope of employment.
Question 5: A forensic nurse discovers suspected child abuse during an examination. Failure to report this finding may result in:
- Civil liability only
- No legal consequence if the nurse was unsure
- Criminal charges and loss of licensure (Correct answer)
- A formal written warning
Correct answer: Criminal charges and loss of licensure
Mandatory reporters who fail to report suspected child abuse can face criminal prosecution and professional license sanctions.
Question 6: What is the statute of limitations for medical malpractice claims?
- It is the same in all states
- It varies by state but is typically 2–3 years (Correct answer)
- It is always 10 years from the incident
- It never applies to forensic cases
Correct answer: It varies by state but is typically 2–3 years
Statutes of limitations for medical malpractice vary by state, but most fall within a 2–3 year window from the date of injury or discovery.
Question 7: In a legal proceeding, 'chain of custody' for evidence collected by a forensic nurse refers to:
- The nurse's legal authority to collect evidence
- The documented chronological transfer and control of evidence (Correct answer)
- The patient's consent to evidence collection
- The hospital's policy on evidence storage
Correct answer: The documented chronological transfer and control of evidence
Chain of custody documents every person who handled evidence to ensure its integrity and admissibility in court.
CFN Legal Principles in Nursing 2
A forensic nurse is subpoenaed to testify about a patient's injuries.
Which type of testimony is the nurse most likely to provide?