NURSING JURISPRUDENCE EXAM
Jurisprudence - CORRECT ANSWERS-the science or philosophy of law
Sources of Law - CORRECT ANSWERS--Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
Criminal Law - CORRECT ANSWERS-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 - CORRECT ANSWERS-Seeks to resolve disputes between private parties,
which often result in payment of money
Different Burden of Proof - CORRECT ANSWERS-Beyond a reasonable doubt;
preponderance of the evidence
Types of Torts - CORRECT ANSWERS--Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
Malpractice - CORRECT ANSWERS-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 - CORRECT ANSWERS-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 - CORRECT ANSWERS-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 - CORRECT ANSWERS-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 - CORRECT ANSWERS-"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 - CORRECT ANSWERS-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 - CORRECT ANSWERS-Types:
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act (NPA) - CORRECT ANSWERS-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
Rules & Regulations - CORRECT ANSWERS-The NPA itself is insufficient to provide
the necessary guidance for the nursing profession, therefore, each NPA establishes a
board of nursing (BON) that has the authority to develop administrative rules or
regulations to clarify or make the law more specific. Rules and regulations must be
consistent with the NPA and cannot go beyond it. These rules and regulations undergo
a process of public review before enactment. Once enacted, rules and regulations have
the full force and effect of law.
IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES AND REGULATIONS -
CORRECT ANSWERS-As a nurse in Texas, you have a responsibility to know and
follow the Nursing Practice Act and all applicable BON Rules and Regulations relating
to your nursing practice. All current BON Rules and Regulations and the Nursing
Practice Act can be downloaded from the BON's web site at www.bon.texas.gov
Jurisprudence - CORRECT ANSWERS-the science or philosophy of law
Sources of Law - CORRECT ANSWERS--Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
Criminal Law - CORRECT ANSWERS-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 - CORRECT ANSWERS-Seeks to resolve disputes between private parties,
which often result in payment of money
Different Burden of Proof - CORRECT ANSWERS-Beyond a reasonable doubt;
preponderance of the evidence
Types of Torts - CORRECT ANSWERS--Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
Malpractice - CORRECT ANSWERS-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 - CORRECT ANSWERS-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 - CORRECT ANSWERS-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 - CORRECT ANSWERS-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 - CORRECT ANSWERS-"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 - CORRECT ANSWERS-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 - CORRECT ANSWERS-Types:
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act (NPA) - CORRECT ANSWERS-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
Rules & Regulations - CORRECT ANSWERS-The NPA itself is insufficient to provide
the necessary guidance for the nursing profession, therefore, each NPA establishes a
board of nursing (BON) that has the authority to develop administrative rules or
regulations to clarify or make the law more specific. Rules and regulations must be
consistent with the NPA and cannot go beyond it. These rules and regulations undergo
a process of public review before enactment. Once enacted, rules and regulations have
the full force and effect of law.
IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES AND REGULATIONS -
CORRECT ANSWERS-As a nurse in Texas, you have a responsibility to know and
follow the Nursing Practice Act and all applicable BON Rules and Regulations relating
to your nursing practice. All current BON Rules and Regulations and the Nursing
Practice Act can be downloaded from the BON's web site at www.bon.texas.gov
