Free NCLEX-RN Legal Practice Questions with Answers

1. Duty: A nurse-patient relationship existed. 2. Breach of Duty: Failure to meet the standard of care. 3. Causation (Proximate Cause): The breach directly caused the injury. 4. Damages: Physical or financial harm occurred. NCLEX Tip: Breach of Duty is often tested via scenarios where a nurse fails to follow a facility's Policy & Procedure (P&P). The Standard of Care is what a reasonably prudent nurse would do in a similar situation. If you follow P&P, you are generally protected from breach claims.

Mandated reporting includes suspected child/elder/vulnerable adult abuse, certain communicable diseases (e.g., TB, Syphilis), and gunshot wounds. Legal Protection: Nurses are protected by Immunity from Liability when reporting in good faith, even if the investigation later finds no evidence of abuse. NCLEX Distractor: You do not need proof of abuse to report; you only need a reasonable suspicion. Delaying a report to gather more evidence is a common incorrect answer on the exam.

The RN. While the LPN is responsible for their own actions, the RN is legally liable for Inappropriate Delegation. Rationale: According to the NCSBN, the RN is responsible for the professional judgment of delegation. Assessment of an *unstable* patient is a non-delegable task that requires RN-level clinical reasoning. You cannot delegate what you cannot EAT (Evaluate, Assess, Teach). The RN remains accountable for the outcome of the delegated task.

Caregiver neglect. Indicators include untreated medical conditions (pressure ulcers), poor hygiene, and non-compliance with appointments. The RN must report this to Adult Protective Services (APS). Note: Neglect is the most common form of elder maltreatment. Distinguish from self-neglect, where a competent patient refuses care for themselves. In this case, the caregiver is failing their duty.

Immunity from Civil and Criminal Liability. Mandatory reporters are legally protected if the report was made in good faith. Conversely, failure to report can lead to board disciplinary action, fines, or misdemeanor charges. NCSBN emphasizes that the nurse's duty is to report suspicion, not to prove it. The state agency determines the validity of the claim after the report is filed.