Nursing Jurisprudence Exam
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Terms in this set (75)
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 attempting to
deprive an individual of life or liberty for
something the law considers an offence against
society in general
Civil Law Seeks to resolve disputes between private
parties, which often result in payment of money
Different Burden of Proof Beyond a reasonable doubt; preponderance of
the evidence
Types of Torts -Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, 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 Duty - the existence of a duty, owed by the
Lawsuit 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 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.
Save
Terms in this set (75)
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 attempting to
deprive an individual of life or liberty for
something the law considers an offence against
society in general
Civil Law Seeks to resolve disputes between private
parties, which often result in payment of money
Different Burden of Proof Beyond a reasonable doubt; preponderance of
the evidence
Types of Torts -Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, 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 Duty - the existence of a duty, owed by the
Lawsuit 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 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.
