Nursing Jurisprudence Exam with verified detailed solutions || || || || || ||
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
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Civil Law - ✔✔Seeks to resolve disputes between private parties, which often result in payment
|| || || || || || || || || || || || || || ||
of money
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Different Burden of Proof - ✔✔Beyond a reasonable doubt; preponderance of the evidence
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Types of Torts - ✔✔-Negligence
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-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
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Harm - an actual injury
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Cause - there must be proof that the injury was caused by the nurse's act or omission
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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. || || || || || || || ||
IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES AND REGULATIONS -
|| || || || || || || || || || ||
✔✔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 - ✔✔Standards Applicable to All Nurses. All vocational nurses, || || || || || || || || || || || || ||
registered nurses and registered nurses with advanced practice authorization shall: || || || || || || || || ||
(A) Know and conform to the Texas Nursing Practice Act and the board's rules and regulations as
|| || || || || || || || || || || || || || || || ||
well as all federal, state, or local laws, rules or regulations affecting the nurse's current area of
|| || || || || || || || || || || || || || || || ||
nursing practice. ||
The standards of practice establish a minimum acceptable level of nursing practice in any setting
|| || || || || || || || || || || || || || ||
for each level of nursing license or advanced practice authorization. Failure to meet these
|| || || || || || || || || || || || || ||
standards may result in action against the nurse's license even if no actual patient injury resulted.
|| || || || || || || || || || || || || || ||
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. || || || || || || || ||
IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES AND REGULATIONS -
|| || || || || || || || || || ||
✔✔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 - ✔✔Standards Applicable to All Nurses. All vocational nurses, || || || || || || || || || || || || ||
registered nurses and registered nurses with advanced practice authorization shall: || || || || || || || || ||
(A) Know and conform to the Texas Nursing Practice Act and the board's rules and regulations as
|| || || || || || || || || || || || || || || || ||
well as all federal, state, or local laws, rules or regulations affecting the nurse's current area of
|| || || || || || || || || || || || || || || || ||
nursing practice. ||
The standards of practice establish a minimum acceptable level of nursing practice in any setting
|| || || || || || || || || || || || || || ||
for each level of nursing license or advanced practice authorization. Failure to meet these
|| || || || || || || || || || || || || ||
standards may result in action against the nurse's license even if no actual patient injury resulted.
|| || || || || || || || || || || || || || ||
