Nursing Jurisprudence Exam|
75Questions and Correct
Answers|Latest Update|Verified
Jurisprudence - -the science or philosophy of law
-Sources of Law - --Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
-Criminal Law - -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 - -Seeks to resolve disputes between private parties, which
often result in payment of money
-Different Burden of Proof - -Beyond a reasonable doubt;
preponderance of the evidence
-Types of Torts - --Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
-Malpractice - -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 - -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 - -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 - -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 - -"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 - -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 - -Types:
Libel - printed or broadcast
Slander - spoken
-Nurse Practice Act (NPA) - -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 - -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.
75Questions and Correct
Answers|Latest Update|Verified
Jurisprudence - -the science or philosophy of law
-Sources of Law - --Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
-Criminal Law - -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 - -Seeks to resolve disputes between private parties, which
often result in payment of money
-Different Burden of Proof - -Beyond a reasonable doubt;
preponderance of the evidence
-Types of Torts - --Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
-Malpractice - -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 - -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 - -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 - -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 - -"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 - -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 - -Types:
Libel - printed or broadcast
Slander - spoken
-Nurse Practice Act (NPA) - -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 - -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.
