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Nursing Jurisprudence Exam Questions with Complete
Verifed Solutions
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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
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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 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 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.
Intentional Tort: Battery Intentional contact that is harmful or offensive, or creating the apprehension
that 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
Intentional Tort: False Imprisonment "unjustifiable detention of a person without legal warrant to confine the
person" (client has the right to leave AMA)
-false imprisonment accompanied by forceful restraint or threat of restraint is
BATTERY.
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.
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