NURSING JURISPRUDENCE TEXAS
/ NEWEST STUDY GUIDE WITH
VERIFIED QUESTIONS & ANSWERS
/ GRADED A+
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.
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
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
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
www.bon.texas.gov
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 the nurse's current area of nursing practice.
The standards of practice establish a minimum acceptable level of
nursing practice in any setting for each level of nursing licensure or
advanced practice authorization. Failure to meet these standards may
/ NEWEST STUDY GUIDE WITH
VERIFIED QUESTIONS & ANSWERS
/ GRADED A+
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.
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
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
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
www.bon.texas.gov
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 the nurse's current area of nursing practice.
The standards of practice establish a minimum acceptable level of
nursing practice in any setting for each level of nursing licensure or
advanced practice authorization. Failure to meet these standards may
