NURSING JURISPRUDENCE EXAM QUESTIONS WITH 100% CORRECTLY SOLVED ANSWERS

NURSING JURISPRUDENCE EXAM QUESTIONS WITH 100%
CORRECTLY SOLVED ANSWERS


Jurisprudence -- Answer ✔✔ the science or philosophy of law t t t t t t t t t




Sources of Law -- Answer ✔✔ -Constitutional Law: Federal, State
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-Statutory Law: Federal, State t t t




-Common Law t




-Administrative Law t




Criminal Law -- Answer ✔✔ Federal or state government attempting to deprive an
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individual of life or liberty for something the law considers an offence against society in
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general

Civil Law -- Answer ✔✔ Seeks to resolve disputes between private parties, which often
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result in payment of money
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Different Burden of Proof -- Answer ✔✔ Beyond a reasonable doubt; preponderance of
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the evidence
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Types of Torts -- Answer ✔✔ -Negligence
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-Intentional: Assault Battery False Imprisonment t t t t




-Quasi-Intentional: Defamation, Liable, Slander t t t




Malpractice -- Answer ✔✔ Negligence committed by a person in his or her professional
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capacity is malpractice. Also known as professional negligence.
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Medical and nursing malpractice occur when a doctor or nurse fails to do that which a
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reasonable, prudent doctor or nurse would do under the same or similar circumstances,
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or does that which a reasonable or prudent doctor or nurse would not do under the same
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or similar circumstances.
t t

,Elements of a Nursing Malpractice Lawsuit -- Answer ✔✔ Duty - the existence of a duty,
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owed by the nurse to a patient, to conform to a recognized standard of care
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Breach - a failure to conform to the required standard of care
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Harm - an actual injury t t t t




Cause - there must be proof that the injury was caused by the nurse's act or omission
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Intentional Tort: Assault -- Answer ✔✔ Example of this tort: A nurse threatens to place an
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tNG tube in a client who is refusing to eat
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Intentionally placing another in apprehension or fear that they will suffer harmful or t t t t t t t t t t t t t




offensive contact. t




Intentional Tort: Battery -- Answer ✔✔ Intentional contact that is harmful or offensive, or
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creating the apprehension that such contact is imminent.
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-false imprisonment accompanied by forceful restraint or threat of restraint is BATTERY.
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IE: Restraining a person to give an injection against their consent or order
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Intentional Tort: False Imprisonment -- Answer ✔✔ "unjustifiable detention of a person
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without legal warrant to confine the person" (client has the right to leave AMA)
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-false imprisonment accompanied by forceful restraint or threat of restraint is BATTERY.
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Quasi-Intentional Tort: Defamation -- Answer ✔✔ A communication that tends to hold t t t t t t t t t t t t




the plaintiff up to hatred, contempt or ridicule, or to cause him to be shunned or avoided.
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Tarnishing the reputation of someone. t t t t




Quasi-Intentional Tort: Defamation Types -- Answer ✔✔ Types: t t t t t t t




Libel - printed or broadcast
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Slander - spoken t t




Nurse Practice Act (NPA) -- Answer ✔✔ defines the scope and limitations of professional
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nursing practice; vary from state to state.
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The practice of nursing is a right granted by a state to protect those who need nursing
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care. The guidelines of the NPA and its rules provide safe parameters within which to
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work, as well as protect patients from unprofessional and unsafe nursing practice. The act
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, is a dynamic document that evolves and is updated or amended as changes in scope of
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practice occur. All states and territories have enacted a NPA. Generally, NPAs include:
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Authority, power and composition of a board of nursing Education program standards.
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Standards and scope of nursing practice Types of titles and licenses Requirements for
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licensure Grounds for disciplinary action, other violations and possible remedies
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Rules & Regulations -- Answer ✔✔ The NPA itself is insufficient to provide the necessary
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guidance for the nursing profession, therefore, each NPA establishes a board of nursing
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(BON) that has the authority to develop administrative rules or regulations to clarify or
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make the law more specific. Rules and regulations must be consistent with the NPA and
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cannot go beyond it. These rules and regulations undergo a process of public review
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before enactment. Once enacted, rules and regulations have the full force and effect of law.
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IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES AND REGULATIONS --
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Answer ✔✔ As a nurse in Texas, you have a responsibility to know and follow the Nursing
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Practice Act and all applicable BON Rules and Regulations relating to your nursing
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practice. All current BON Rules and Regulations and the Nursing Practice Act can be
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downloaded from the BON's web site at www.bon.texas.gov t t t t t t t




Standards of Nursing Practice -- Answer ✔✔ Standards Applicable to All Nurses. All
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vocational nurses, registered nurses and registered nurses with advanced practice
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authorization shall: t




(A) Know and conform to the Texas Nursing Practice Act and the board's rules and
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regulations as well as all federal, state, or local laws, rules or regulations affecting the
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nurse's current area of nursing practice. t t t t t




The standards of practice establish a minimum acceptable level of nursing practice in any
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setting for each level of nursing license or advanced practice authorization. Failure to meet
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these standards may result in action against the nurse's license even if no actual patient
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injury resulted. t




Laws & Regulations Regarding Nursing -- Answer ✔✔ - Texas Nurse Practice Act (NPA)
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- Texas Board of Nursing (BON) Rules & Regulations
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- BON Position Statements
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Don't have the force of law, but the Board strongly encourages nurses to choose those
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position statements applicable to their practice setting and incorporate them into their
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daily practice to assure patient safety
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