ACCURATE ANSWERA /GRADED A+
1.Jurisprudence: the science or philosophy of law
2.Sources of Law: -Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
3.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
4.Civil Law: Seeks to resolve disputes between private parties, which often result in
payment of money
5.Different Burden of Proof: Beyond a reasonable doubt; preponderance of the
evidence
6.Types of Torts: -Negligence
,-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
7.Malpractice: Negligence committed by a person in his or her professional capac- ity
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.
8.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 ac
or omission
9.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.
10.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 BAT- TERY.
IE: Restraining a person to give an injection against their consent or orde
11.Intentional Tort: False Imprisonment: "unjustifiable detention of a person with-
out legal warrant to confine the person" (client has the right to leave AMA)
-false imprisonment accompanied by forceful restraint or threat of
restraint is BAT- TERY.
12.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.
, 13.Quasi-Intentional Tort: Defamation Types: Types:
Libel - printed or broadcast
Slander - spoken
14.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
15.Rules & Regulations: The NPA itself is insufficient to provide the necessary
guidance for the nursing profession, therefore, each NPA establishes a board of nursing