Nursing Jurisprudence Texas Questions and Answers 100% Pass

Nursing Jurisprudence Texas Questions and Answers 100% Pass 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 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. Page 2/25 ©EmilyCharlene 2024. All Rights Reserved. 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 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 Page 3/25 ©EmilyCharlene 2024. All Rights Reserved. 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. 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 Standards and scope of nursing practice Page 4/25 ©EmilyCharlene 2024. All Rights Reserved. Types of titles and licenses Requirements for licensure Grounds for disciplinary action, other violations and possible remedies Rules & Regulations - 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 - 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 Standards of Nursing Practice - Standards Applicable to All Nurses. All vocational nurses, registered nurses and registered nurses with advanced practice authorization shall: (A) Know and conform to the Texas Nursing Practice Act and the board's rules and regulations as well as all federal, state, or local laws, rules or regulations affecting t