Crucial Exams

Multistate Bar Examination Practice Question

An RN is assigned to monitor a patient recovering from surgery. During her shift, she notices that the patient is exhibiting signs of a severe allergic reaction. However, she fails to administer the necessary emergency treatment, and the patient dies as a result. Under criminal law, which of the following best describes the nurse's potential liability?

  • The nurse is liable for civil negligence as well as criminal liability in this situation.

  • The nurse is liable because there was no affirmative action taken to cause the death.

  • The nurse is criminally liable for manslaughter due to her failure to act when there was a duty to do so.

  • The nurse is liable for reckless homicide, because she notices the patient's allergic reaction and has a duty to the patient.

Multistate Bar Examination
Criminal Law and Procedure
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