Nurse M obtains a signature on an informed consent form from Mr. Y, who is later shown to have a fluctuating level of mental competency. In this case, what is Nurse M's most likely legal position?
A) Free from liability because Mr. Y signed the form
B) May be held liable for a violation of Mr. Y's rights
C) Liable unless a malpractice insurance policy is in effect
D) Not liable because no family member had a durable power of attorney
B
Feedback:
An informed consent may be considered invalid if the patient does not fully understand what he or she is signing. Patients with a fluctuating level of mental function are incapable of granting legally sound consent. The presence of an insurance policy and the legal status of family members are irrelevant.
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