Nursing Jurisprudence Exam
Jurisprudence the science or philosophy of law
-Constitutional Law: Federal, State
-Statutory Law: Federal, State
Sources of Law
-Common Law
-Administrative Law
Federal or state government attempting to deprive an individual of life or l
Criminal Law
for something the law considers an offence against society in general
Seeks to resolve disputes between private parties, which often result in
Civil Law
payment of money
Different Burden of Proof Beyond a reasonable doubt; preponderance of the evidence
-Negligence
Types of Torts -Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
, Nursing Jurisprudence Exam
Negligence committed by a person in his or her professional capacity is
malpractice. Also known as professional negligence.
Malpractice Medical and nursing malpractice occur when a doctor or nurse fails to do
which a reasonable, prudent doctor or nurse would do under the same or
similar circumstances, or does that which a reasonable or prudent doctor o
nurse would not do under the same or similar circumstances.
Duty - the existence of a duty, owed by the nurse to a patient, to conform t
recognized standard of care
Elements of a Nursing Malpractice Breach - a failure to conform to the required standard of care
Lawsuit Harm - an actual injury
Cause - there must be proof that the injury was caused by the nurse's act o
omission
Example of this tort: A nurse threatens to place an NG tube in a client who
refusing to eat
Intentional Tort: Assault
Intentionally placing another in apprehension or fear that they will suffer
harmful or offensive contact.
, Nursing Jurisprudence Exam
Intentional contact that is harmful or offensive, or creating the apprehensio
that such contact is imminent.
Intentional Tort: Battery -false imprisonment accompanied by forceful restraint or threat of restrain
BATTERY.
IE: Restraining a person to give an injection against their consent or order
"unjustifiable detention of a person without legal warrant to confine the pe
(client has the right to leave AMA)
Intentional Tort: False Imprisonment
-false imprisonment accompanied by forceful restraint or threat of restrain
BATTERY.
A communication that tends to hold the plaintiff up to hatred, contempt or
Quasi-Intentional Tort: Defamation ridicule, or to cause him to be shunned or avoided.
Tarnishing the reputation of someone.
Types:
Quasi-Intentional Tort: Defamation Types Libel - printed or broadcast
Slander - spoken
Jurisprudence the science or philosophy of law
-Constitutional Law: Federal, State
-Statutory Law: Federal, State
Sources of Law
-Common Law
-Administrative Law
Federal or state government attempting to deprive an individual of life or l
Criminal Law
for something the law considers an offence against society in general
Seeks to resolve disputes between private parties, which often result in
Civil Law
payment of money
Different Burden of Proof Beyond a reasonable doubt; preponderance of the evidence
-Negligence
Types of Torts -Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
, Nursing Jurisprudence Exam
Negligence committed by a person in his or her professional capacity is
malpractice. Also known as professional negligence.
Malpractice Medical and nursing malpractice occur when a doctor or nurse fails to do
which a reasonable, prudent doctor or nurse would do under the same or
similar circumstances, or does that which a reasonable or prudent doctor o
nurse would not do under the same or similar circumstances.
Duty - the existence of a duty, owed by the nurse to a patient, to conform t
recognized standard of care
Elements of a Nursing Malpractice Breach - a failure to conform to the required standard of care
Lawsuit Harm - an actual injury
Cause - there must be proof that the injury was caused by the nurse's act o
omission
Example of this tort: A nurse threatens to place an NG tube in a client who
refusing to eat
Intentional Tort: Assault
Intentionally placing another in apprehension or fear that they will suffer
harmful or offensive contact.
, Nursing Jurisprudence Exam
Intentional contact that is harmful or offensive, or creating the apprehensio
that such contact is imminent.
Intentional Tort: Battery -false imprisonment accompanied by forceful restraint or threat of restrain
BATTERY.
IE: Restraining a person to give an injection against their consent or order
"unjustifiable detention of a person without legal warrant to confine the pe
(client has the right to leave AMA)
Intentional Tort: False Imprisonment
-false imprisonment accompanied by forceful restraint or threat of restrain
BATTERY.
A communication that tends to hold the plaintiff up to hatred, contempt or
Quasi-Intentional Tort: Defamation ridicule, or to cause him to be shunned or avoided.
Tarnishing the reputation of someone.
Types:
Quasi-Intentional Tort: Defamation Types Libel - printed or broadcast
Slander - spoken
