Nursing Jurisprudence Exam Questions and Answers

Negliegence - Answer- Failure to do something that a normally prudent person would do Negligence : Comission - Answer- Wrong doing Negligence: Omission - Answer- Total neglect of care, not doing anything Example of negligence in nursing - Answer- -telling a suicidal bipolar patient that it is okay for them to refuse their medication. -Failure to report observations to Dr -Mistaken ID -Wrong dose, wrong medication -Defects in equipment leading to falls -Errors d/t family assistance -Administer meds without Dr. order Res Ipsa Loquitur - Answer- A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves." Conditions to Establish Negligence Under "Res Ipsa Loquitor" - Answer- 1. would not normally occur unless someone was negligent 2. injury caused by agency with control over defendant 3. plantiff did not engage in any manner that would tend to bring about the injury Respondeat Superior - Answer- "Let the master answer" an employer is vicariously liable for the behavior of an employee working within his or her scope of employment Bonus Pater Familias - Answer- Paternalism. Good father of the family. Employer is held liable upon finding that he has been negligent in the selection of his employees (culpa en eligiendo) or in the supervision of his employees (culpa in vigilando) frolic - Answer- employee makes a minor departure from his emplyee's charge detour - Answer- employee is acting on his own benefit, rather than a minor sidetrack force majeure - Answer- unforeseeable circumstances that prevent someone from fulfilling a contract Malpractice - Answer- Failure by a health professional to meet accepted standards. Improper or unskillful care. Example of malpractice - Answer- nurse administers too large dose of medication due to calculation error. Anesthesia related complications. Failure to follow advance directive. incompetence - Answer- Acts or conducts that are not authorized or licensed to perform Five Rights of Delegation - Answer- right task right circumstance right person right direction/communication right supervision/evaluation Liability of Nurses for Work of Students - Answer- -Should be under supervision of CI -Should be given assignments under their level of proficiency -Should be encouraged to seek guidance when performing procedures for the first time -Should be oriented to policies -Performance should be frequently assessed R.A. 6675 - Answer- Only registered medical, dentistry, veterinarian personnel allowed to prescribe drugs R.A. 6675 - Answer- All drugs should have generic name included, and price matched with brand name drug. R.A. 5921 - Answer- Pharmacy Law. All Rx must have: -name of prescriber -office address -professional registration number -professional tax receipt number -patients name, age, sex, date of Rx R.A. 9173 Section 28 - Answer- Administering IV meds reqs special training Duties and Responsibilities in IV Therapy - Answer- -Interpret dr. order -Perform venipuncture -Prepare, admin, monitor iv meds -admin blood products -etc. Telephone Orders - Answer- -Limit to extreme emergency -Read back order to Dr. -Signed within 24 hours -Dr name -Nurse name -Time and order Informed Consent - Answer- So patient understands the nature of the procedure Essential Elements of Informed Consent - Answer- -Dx and explanation of the condition -Fair explanation of the procedure to be done and the consequences -Description of alternative treatments and procedures -Description of the benefits to be expected -Material rights -Prognosis, recommended care when procedure is refused Nurses responsibility in informed consent - Answer- -Witness exchange between client and dr -Witness client affix signature -Ensuring client really understands Consent for sterilization - Answer- -Must be from both partners -If emergency, abruptio placenta, or ectopic pregnancy , consent from patient is sufficient Formal contracts - Answer- Written contract required by law Informal Contract - Answer- Written contract not required by law Express Contracts - Answer- Interests given orally or in writing by the parties concerned Implied Contract - Answer- A contract that comes about simply from actions of the parties. Void Contract - Answer- A contract having no legal force or binding effect. illegal contract - Answer- A contract that has an illegal object. Such contracts are void. tort - Answer- a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability. Assault - Answer- Threatening someone Battery - Answer- Carrying out threatened physical contact defamation of character - Answer- Wrongfully hurting a person's good reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements about others. Slander - Answer- spoken defamation Libel - Answer- written defamation Misdemeanor - Answer- (n.) a crime or offense that is less serious than a felony; any minor misbehavior or misconduct Felony - Answer- A serious crime Criminal Intent - Answer- state of mind of the criminal when the act is comitted, knowing it was wrong and doing it anyway Justifying circumstances - Answer- Exempts from criminal liability. -Act in defense of his rights -Act in defense of relative's rights -Defends stranger's rights Exempting Circumstances - Answer- Exempts from liability -Imbecile, insane -Under 9yo -Over 9 and under 15 unless acting with discernment - mitigating circumstances - Answer- Any circumstances accompanying the commission of a crime that may justify a lighter sentence. -Under 18 yo -Over 70 yo -Sufficient provocation or threat -Confess to court prior to prosecution -Suffering from physical defect -Lack of education is not mitigating in rape, treason, arson, merciless heinous manor acts Aggravating circumstances - Answer- Increase criminal liability -Act is made with obvious ungratefulness -Act is made in a place of worship -Crime committed during a calamity -Intentional damage moral turpitude - Answer- An act showing inherent baseness or vileness of principle or action; shameful wickedness; depravity. Examples of moral turpitude - Answer- Murder Homicide Abortion Robbery RA 6425 - Answer- Dangerous Drug Act of 1972 Defendant - Answer- an individual or group being sued or charged with a crime, therefore need to defend themself inquest - Answer- Legal or judicial inquiry, especially before a jury and especially made by a coroner into the cause of someone's death; the results of such an inquiry perjury - Answer- lying under oath Plaintiff - Answer- One who begins a lawsuit, seeking for perceived wrongdoing subpoena - Answer- a court order requiring appearance and/or testimony Summons - Answer- a notice directing someone to appear in court to answer a complaint or a charge made against them