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Exam (elaborations)

Nursing Jurisprudence Exam (2024/2025) Q’s & A’s

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Nursing Jurisprudence Exam (2024/2025) Q’s & A’s 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 individu...

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  • August 26, 2024
  • 37
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Nursing Jurisprudence
  • Nursing Jurisprudence
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Nursing Jurisprudence Exam (2024/2025) Q’s &
A’s
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

,Nursing Jurisprudence Exam (2024/2025) Q’s &
A’s
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

,Nursing Jurisprudence Exam (2024/2025) Q’s &
A’s
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:

, Nursing Jurisprudence Exam (2024/2025) Q’s &
A’s
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

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