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Nurse Practitioner’s Business Practice and Legal Guide 6th 7th Edition Test Bank $17.99   Add to cart

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Nurse Practitioner’s Business Practice and Legal Guide 6th 7th Edition Test Bank

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Nurse Practitioner’s Business Practice and Legal Guide 6th 7th Edition Test Bank

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  • August 16, 2024
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Nurse Practitioner’s Business Practice and Legal Guide 6th 7th
Edition Test Bank


The legal guidelines that nurses follow come from - ANSWER: statutory, regulatory, and common law

Who creates statuatory law? - ANSWER: Elected legislative bodies such as state legislatures and U.S.
congress.

Nurse Practice Acts - ANSWER: describe and define the legal boundaries of nursing practice within
each state.

Regulatory law is aka - ANSWER: administrative law

Regulatory law - ANSWER: reflects decisions made by administrative bodies such as State Boards of
Nursing when they pass rules and regulations

Common law - ANSWER: results from judicial decisions made in courts when individual legal cases are
decided.

Informed consent, patient's right to refuse treatment, negligence, and malpractice are examples of
what type of law? - ANSWER: Common law

the requirement to report incompetent or unethical nursing conduct to the State Board of Nursing is
an example of what type of law? - ANSWER: Regulatory law

The Nurse Practice Acts found in all 50 states is an example of what type of law? - ANSWER: state
statute

The Americans with disabilities act is an example of what type of law? - ANSWER: federal statute

Statutory law is either - ANSWER: civil or criminal

Civil law: - ANSWER: protect the rights of individuals within our society and provide for fair and
equitable treatment when civil wrongs or violations occur

The consequences of civil law violations are: - ANSWER: damages in the form of fines or specific
performance of good works such as public service

T or F: negligence and malpractice are examples of a civil law violation for a nurse - ANSWER: True

Criminal laws - ANSWER: protect society as a whole and provide punishments for crimes, which are
defined by municipal, state, and federal legislation.

Name the 2 classifications of crimes - ANSWER: felony and misdemeanor

Felony - ANSWER: a crime of a serious nature that has a penalty of imprisonment for longer than one
year or even death

misdemeanor - ANSWER: a less serious crime that has a penalty of a fine or imprisonment for less
than one year.

T or F: An example of criminal conduct is misuse of a controlled substance. - ANSWER: True

, Describe the 4 phases in the anatomy of a lawsuit - ANSWER: 1. Pleadings phase
2. Discovery
3. Trial
4. Proof of negligence

What are the 2 parts of the pleading phase - ANSWER: Petition-elements of the claim and Answer

Describe Petition-elements of the claim - ANSWER: The plaintiff outlines what the defendant nurse
did wrong and how, as a result of that alleged negligence, the plaintiff was injured

Describe Answer - ANSWER: The nurse admits or denies each allegation in the petition

T or F: The prosecutor must prove anything that the nurse does not admit - ANSWER: True

Interrogatories - ANSWER: Written questions requiring answers under oath

Medical records - ANSWER: The defendant obtains al of the plaintiff's relevant medical records for
treatment before and after the incident

Witnesses depositions - ANSWER: Questions are posed to the witness under oath to obtain all
relevant, nonprivileged information about the case

Parties Depositions - ANSWER: The plaintiff and defendants (physician, nurse, hospital personnel) are
almost always deposed

Other witnesses: - ANSWER: Factual witnesses, both neutral and biased, including family members on
the plaintiff's side and other medical personnel on the defendants side, are deposed to obtain
information and their version of the case

Treating physicians or health care providers' depositions - ANSWER: Before subsequent treating,
physicians' or health care providers' depositions are taken to establish issues such as those
concerning preexisting conditions, causation, the nature and extent of injuries, and permanency

Experts: - ANSWER: The patient selects experts to establish the essential legal elements of the case
against the defendant. The defendant selects experts to establish the appropriateness of the nursing
care

Describe the trial phase - ANSWER: Following discovery phase of 1-3 years or longer, trial may last
days to months

Standards of care - ANSWER: legal requirements for nursing practice that describe minimum
acceptable nursing care.

Who develops standards for nursing practice, policy statements, and simular resolutions? - ANSWER:
The American Nurses Association

T or F: In a malpractice lawsuit a nurse's actual conduct is compared to nursing standards of care to
determine whether the nurse acted as any reasonably prudent nurse would act under the same or
simular crcumstances. - ANSWER: True

Emergency Medical Treatment and Active Labor Act - ANSWER: This act provides that, when a patient
comes to the emergency department or the hospital, an appropriate medical screening occurs within
the capacity of the hospital. If an emergency condition exists the hospital is not to discharge or
transfer the patient until the condition stabilizes

Mental Health Parity Act - ANSWER: forbids health plans from placing lifetime or annual limits on
mental health coverage that are less generous than those placed on medical or surgical benefits

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