NURSING JURISPRUDENCE EXAM 1
EVALUATION FULL SOLUTION UPDATED
STUDY GUIDE
⩥ Sources of Law.
Answer: - Constitutional Law
Federal
State
- Statutory Law
Federal
State
- Common Law
- Administrative Law
⩥ Criminal Law.
Answer: 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.
,Answer: Seeks to resolve disputes between private parties,
which often results in the payment of money.
⩥ Different Burden of Proof.
Answer: Beyond a reasonable doubt
A preponderance of the evidence
⩥ Tort Law.
Answer: 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.
Answer: - Negligence
- Intentional Torts
Assault
Battery
False Imprisonment
- Quasi-Intentional Torts
Defamaiton
Libel
,Slander
⩥ Malpractice.
Answer: 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.
Answer: 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.
, Answer: Intentionally placing another in apprehension or fear
that they will suffer harmful or offensive contact.
⩥ Intentional Tort: Battery.
Answer: Intentional contact that is harmful or offensive, or
creating the apprehension that such contact is imminent.
⩥ Intentional Tort: False Imprisonment.
Answer: Willful detention without consent and without authority
of law.
⩥ Quasi-Intentional Tort: Defamation.
Answer: 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.
Answer: Types:
Libel - printed or broadcast
Slander - spoken
EVALUATION FULL SOLUTION UPDATED
STUDY GUIDE
⩥ Sources of Law.
Answer: - Constitutional Law
Federal
State
- Statutory Law
Federal
State
- Common Law
- Administrative Law
⩥ Criminal Law.
Answer: 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.
,Answer: Seeks to resolve disputes between private parties,
which often results in the payment of money.
⩥ Different Burden of Proof.
Answer: Beyond a reasonable doubt
A preponderance of the evidence
⩥ Tort Law.
Answer: 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.
Answer: - Negligence
- Intentional Torts
Assault
Battery
False Imprisonment
- Quasi-Intentional Torts
Defamaiton
Libel
,Slander
⩥ Malpractice.
Answer: 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.
Answer: 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.
, Answer: Intentionally placing another in apprehension or fear
that they will suffer harmful or offensive contact.
⩥ Intentional Tort: Battery.
Answer: Intentional contact that is harmful or offensive, or
creating the apprehension that such contact is imminent.
⩥ Intentional Tort: False Imprisonment.
Answer: Willful detention without consent and without authority
of law.
⩥ Quasi-Intentional Tort: Defamation.
Answer: 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.
Answer: Types:
Libel - printed or broadcast
Slander - spoken
