Answers.
Jurisprudence Correct Answer the science or philosophy of law
Sources of Law Correct Answer -Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
Criminal Law Correct Answer Federal or state government attempting to deprive an
individual of life or liberty for something the law considers an offence against society in
general
Civil Law Correct Answer Seeks to resolve disputes between private parties, which
often result in payment of money
Different Burden of Proof Correct Answer Beyond a reasonable doubt; preponderance
of the evidence
Types of Torts Correct Answer -Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
Malpractice Correct Answer Negligence committed by a person in his or her
professional capacity is malpractice. Also known as professional negligence.
Medical and nursing malpractice occur when a doctor or nurse fails to do that which a
reasonable, prudent doctor or nurse would do under the same or similar circumstances,
or does that which a reasonable or prudent doctor or nurse would not do under the
same or similar circumstances.
Elements of a Nursing Malpractice Lawsuit Correct Answer Duty - the existence of a
duty, owed by the nurse to a patient, to conform to a recognized standard of care
Breach - a failure to conform to the required standard of care
Harm - an actual injury
Cause - there must be proof that the injury was caused by the nurse's act or omission
Intentional Tort: Assault Correct Answer Example of this tort: A nurse threatens to
place an NG tube in a client who is refusing to eat
Intentionally placing another in apprehension or fear that they will suffer harmful or
offensive contact.
Intentional Tort: Battery Correct Answer Intentional contact that is harmful or offensive,
or creating the apprehension that such contact is imminent.
, -false imprisonment accompanied by forceful restraint or threat of restraint is BATTERY.
IE: Restraining a person to give an injection against their consent or order
Intentional Tort: False Imprisonment Correct Answer "unjustifiable detention of a
person without legal warrant to confine the person" (client has the right to leave AMA)
-false imprisonment accompanied by forceful restraint or threat of restraint is BATTERY.
Quasi-Intentional Tort: Defamation Correct Answer A communication that tends to hold
the plaintiff up to hatred, contempt or ridicule, or to cause him to be shunned or avoided.
Tarnishing the reputation of someone.
Quasi-Intentional Tort: Defamation Types Correct Answer Types:
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act (NPA) Correct Answer defines the scope and limitations of
professional nursing practice; vary from state to state.
The practice of nursing is a right granted by a state to protect those who need nursing
care. The guidelines of the NPA and its rules provide safe parameters within which to
work, as well as protect patients from unprofessional and unsafe nursing practice. The
act is a dynamic document that evolves and is updated or amended as changes in
scope of practice occur.All states and territories have enacted a NPAGenerally, NPAs
include:Authority, power and composition of a board of nursingEducation program
standardsStandards and scope of nursing practiceTypes of titles and
licensesRequirements for licensureGrounds for disciplinary action, other violations and
possible remedies
Rules & Regulations Correct Answer The NPA itself is insufficient to provide the
necessary guidance for the nursing profession, therefore, each NPA establishes a
board of nursing (BON) that has the authority to develop administrative rules or
regulations to clarify or make the law more specific. Rules and regulations must be
consistent with the NPA and cannot go beyond it. These rules and regulations undergo
a process of public review before enactment. Once enacted, rules and regulations have
the full force and effect of law.
IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES AND REGULATIONS
Correct Answer As a nurse in Texas, you have a responsibility to know and follow the
Nursing Practice Act and all applicable BON Rules and Regulations relating to your
nursing practice. All current BON Rules and Regulations and the Nursing Practice Act
can be downloaded from the BON's web site at www.bon.texas.gov
Standards of Nursing Practice Correct Answer Standards Applicable to All Nurses. All
vocational nurses, registered nurses and registered nurses with advanced practice
authorization shall: