NURSING JURISPRUDENCE CORRECT EXAMS
ANSWERS AND QUESTIONS SET A+
✔✔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.
ANSWERS AND QUESTIONS SET A+
✔✔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.
