Nursing Jurisprudence Exam
Nursing Jurisprudence Exam
Study online at https://quizlet.com/_8n5hhf
1. Jurisprudence the science or philosophy of law
2. Sources of Law -Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
3. 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
4. Civil Law Seeks to resolve disputes between private parties, which often result in payment
of money
5. Different Burden Beyond a reasonable doubt; preponderance of the evidence
of Proof
6. Types of Torts -Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
7. Malpractice Negligence committed by a person in his or her professional capacity is malprac-
tice. 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.
8. Elements of a Duty - the existence of a duty, owed by the nurse to a patient, to conform to a
Nursing Malprac- recognized standard of care
tice Lawsuit Breach - a failure to conform to the required standard of care
Harm - an actual injury
, Nursing Jurisprudence Exam
Nursing Jurisprudence Exam
Study online at https://quizlet.com/_8n5hhf
Cause - there must be proof that the injury was caused by the nurse's act or
omission
9. Intentional Tort: Example of this tort: A nurse threatens to place an NG tube in a client who is
Assault refusing to eat
Intentionally placing another in apprehension or fear that they will suffer harmful
or offensive contact.
10. Intentional Tort: Intentional contact that is harmful or offensive, or creating the apprehension that
Battery such contact is imminent.
-false imprisonment accompanied by forceful restraint or threat of restraint is
BATTERY.
IE: Restraining a person to give an injection against their consent or order
11. Intentional Tort: "unjustifiable detention of a person without legal warrant to confine the person"
False Imprison- (client has the right to leave AMA)
ment
-false imprisonment accompanied by forceful restraint or threat of restraint is
BATTERY.
12. Quasi-Intention- A communication that tends to hold the plaintiff up to hatred, contempt or ridicule,
al Tort: or to cause him to be shunned or avoided.
Defamation Tarnishing the reputation of someone.
13. Quasi-Intention- Types:
al Tort: Libel - printed or broadcast
Defamation Slander - spoken
Types
14. Nurse Practice defines the scope and limitations of professional nursing practice; vary from state
Act (NPA) to state.
The practice of nursing is a right granted by a state to protect those who need
, Nursing Jurisprudence Exam
Nursing Jurisprudence Exam
Study online at https://quizlet.com/_8n5hhf
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 NPAGenerally, NPAs include:Authority, power and composition of a
board of nursingEducation program standardsStandards and scope of nursing
practiceTypes of titles and licensesRequirements for licensureGrounds for disci-
plinary action, other violations and possible remedies
15. Rules & Regula- The NPA itself is insufficient to provide the necessary guidance for the nursing
tions 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.
16. IT IS A NURSE'S As a nurse in Texas, you have a responsibility to know and follow the Nursing
RESPONSIBILITY Practice Act and all applicable BON Rules and Regulations relating to your nursing
TO KNOW practice. All current BON Rules and Regulations and the Nursing Practice Act can
NPA/RULES AND be downloaded from the BON's web site at www.bon.texas.gov
REGULATIONS
17. Standards of Standards Applicable to All Nurses. All vocational nurses, registered nurses and
Nursing Practice 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 license or advanced practice authorization.
Failure to meet these standards may result in action against the nurse's license
even if no actual patient injury resulted.
Nursing Jurisprudence Exam
Study online at https://quizlet.com/_8n5hhf
1. Jurisprudence the science or philosophy of law
2. Sources of Law -Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law
3. 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
4. Civil Law Seeks to resolve disputes between private parties, which often result in payment
of money
5. Different Burden Beyond a reasonable doubt; preponderance of the evidence
of Proof
6. Types of Torts -Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
7. Malpractice Negligence committed by a person in his or her professional capacity is malprac-
tice. 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.
8. Elements of a Duty - the existence of a duty, owed by the nurse to a patient, to conform to a
Nursing Malprac- recognized standard of care
tice Lawsuit Breach - a failure to conform to the required standard of care
Harm - an actual injury
, Nursing Jurisprudence Exam
Nursing Jurisprudence Exam
Study online at https://quizlet.com/_8n5hhf
Cause - there must be proof that the injury was caused by the nurse's act or
omission
9. Intentional Tort: Example of this tort: A nurse threatens to place an NG tube in a client who is
Assault refusing to eat
Intentionally placing another in apprehension or fear that they will suffer harmful
or offensive contact.
10. Intentional Tort: Intentional contact that is harmful or offensive, or creating the apprehension that
Battery such contact is imminent.
-false imprisonment accompanied by forceful restraint or threat of restraint is
BATTERY.
IE: Restraining a person to give an injection against their consent or order
11. Intentional Tort: "unjustifiable detention of a person without legal warrant to confine the person"
False Imprison- (client has the right to leave AMA)
ment
-false imprisonment accompanied by forceful restraint or threat of restraint is
BATTERY.
12. Quasi-Intention- A communication that tends to hold the plaintiff up to hatred, contempt or ridicule,
al Tort: or to cause him to be shunned or avoided.
Defamation Tarnishing the reputation of someone.
13. Quasi-Intention- Types:
al Tort: Libel - printed or broadcast
Defamation Slander - spoken
Types
14. Nurse Practice defines the scope and limitations of professional nursing practice; vary from state
Act (NPA) to state.
The practice of nursing is a right granted by a state to protect those who need
, Nursing Jurisprudence Exam
Nursing Jurisprudence Exam
Study online at https://quizlet.com/_8n5hhf
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 NPAGenerally, NPAs include:Authority, power and composition of a
board of nursingEducation program standardsStandards and scope of nursing
practiceTypes of titles and licensesRequirements for licensureGrounds for disci-
plinary action, other violations and possible remedies
15. Rules & Regula- The NPA itself is insufficient to provide the necessary guidance for the nursing
tions 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.
16. IT IS A NURSE'S As a nurse in Texas, you have a responsibility to know and follow the Nursing
RESPONSIBILITY Practice Act and all applicable BON Rules and Regulations relating to your nursing
TO KNOW practice. All current BON Rules and Regulations and the Nursing Practice Act can
NPA/RULES AND be downloaded from the BON's web site at www.bon.texas.gov
REGULATIONS
17. Standards of Standards Applicable to All Nurses. All vocational nurses, registered nurses and
Nursing Practice 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 license or advanced practice authorization.
Failure to meet these standards may result in action against the nurse's license
even if no actual patient injury resulted.
