Nursing Jurisprudence Exam Q’s & A’s 100%
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Jurisprudence The science or philosophy of law
Sources of Law - Constitutional Law
Federal
State
- Statutory Law
Federal
State
- Common Law
- Administrative Law
Nursing Jurisprudence Exam Q’s & A’s 100%
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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 is attempting to deprive an
individual of life or
liberty for something the law considers an offense against society in general.
Civil Law ✔✔Seeks to resolve disputes between private parties, which often
results in the
payment of money.
Different Burden of Proof ✔✔Beyond a reasonable doubt
A preponderance of the evidence
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Tort Law ✔✔A civil wrong that causes someone else to suffer loss or harm
resulting in legal
liability for the person who commits the tortious act.
Types of Torts ✔✔- Negligence
- Intentional Torts
Assault
Battery
False Imprisonment
- Quasi-Intentional Torts
Defamaiton
Libel
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
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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 ✔✔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.
Intentional Tort: False Imprisonment ✔✔Willful detention without consent and
without authority
of law.
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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 ✔✔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 NPA
Generally, NPAs include:
Authority, power and composition of a board of nursing
Education program standards
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