Nursing Jurisprudence Study Guide
Exam Questions (75 terms) with Verified
Solutions 2024-2025.
Jurisprudence - Answer: the science or philosophy of law
Sources of Law - Answer: -Constitutional Law: Federal, State
, Nursing Jurisprudence Exam
-Statutory Law: Federal, State
-Common Law
-Administrative Law
Criminal Law - Answer: 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 - Answer: Seeks to resolve disputes between private parties, which often
result in payment of money
Different Burden of Proof - Answer: Beyond a reasonable doubt; preponderance
of the evidence
Types of Torts - Answer: -Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, 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.
, Nursing Jurisprudence Exam
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: 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 - Answer: 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 - Answer: "unjustifiable detention of a
person without legal warrant to confine the person" (client has the right to leave
AMA)