WITH CORRECT ANSWERS
Jurisprudence - correct answer the science or philosophy of law p p p p p p p p p
Sources of Law - correct answer -Constitutional Law: Federal, State
p p p p p p p p p
-Statutory Law: Federal, State p p p
-Common Law p
-Administrative Law p
Criminal Law - correct answer Federal or state government attempting to deprive an
p p p p p p p p p p p p p
individual of life or liberty for something the law considers an offence against society in
p p p p p p p p p p p p p p p
general
Civil Law - correct answer Seeks to resolve disputes between private parties, which often
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result in payment of money
p p p p
Different Burden of Proof - correct answer Beyond a reasonable doubt; preponderance of the
p p p p p p p p p p p p p p
evidence
Types of Torts - correct answer -Negligence
p p p p p p
-Intentional: Assault Battery False Imprisonment p p p p
-Quasi-Intentional: Defamation, Liable, Slander p p p
Malpractice - correct answer Negligence committed by a person in his or her professional
p p p p p p p p p p p p p p
capacity is malpractice. Also known as professional negligence.
p p p p p p p
Medical and nursing malpractice occur when a doctor or nurse fails to do that which a
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reasonable, prudent doctor or nurse would do under the same or similar circumstances, or
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does that which a reasonable or prudent doctor or nurse would not do under the same or
p p p p p p p p p p p p p p p p p
similar circumstances. p
Elements of a Nursing Malpractice Lawsuit - correct answer Duty - the existence of a duty,
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owed by the nurse to a patient, to conform to a recognized standard of care
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, Breach - a failure to conform to the required standard of care
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Harm - an actual injury p p p p
Cause - there must be proof that the injury was caused by the nurse's act or omission
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Intentional Tort: Assault - correct answer Example of this tort: A nurse threatens to place an p p p p p p p p p p p p p p p p
NG tube in a client who is refusing to eat
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Intentionally placing another in apprehension or fear that they will suffer harmful or offensive p p p p p p p p p p p p p p
contact.
Intentional Tort: Battery - correct answer Intentional contact that is harmful or offensive, or p p p p p p p p p p p p p p
creating the apprehension that such contact is imminent. p p p p p p p
-false imprisonment accompanied by forceful restraint or threat of restraint is BATTERY.
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IE: Restraining a person to give an injection against their consent or order
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Intentional Tort: False Imprisonment - correct answer "unjustifiable detention of a person p p p p p p p p p p p p
without legal warrant to confine the person" (client has the right to leave AMA)
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-false imprisonment accompanied by forceful restraint or threat of restraint is BATTERY.
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Quasi-Intentional Tort: Defamation - correct answer A communication that tends to hold the p p p p p p p p p p p p p
plaintiff up to hatred, contempt or ridicule, or to cause him to be shunned or avoided.
p p p p p p p p p p p p p p p
Tarnishing the reputation of someone. p p p p
Quasi-Intentional Tort: Defamation Types - correct answer Types: p p p p p p p
Libel - printed or broadcast
p p p p
Slander - spoken p p
Nurse Practice Act (NPA) - correct answer defines the scope and limitations of professional
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nursing practice; vary from state to state. p p p p p p
The practice of nursing is a right granted by a state to protect those who need nursing care.
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The guidelines of the NPA and its rules provide safe parameters within which to work, as well
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as protect patients from unprofessional and unsafe nursing practice. The act is a dynamic
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document that evolves and is updated or amended as changes in scope of practice occur.All p p p p p p p p p p p p p p p
states and territories have enacted a NPAGenerally, NPAs include:Authority, power and
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composition of a board of nursingEducation program standardsStandards and scope of p p p p p p p p p p p
nursing practiceTypes of titles and licensesRequirements for licensureGrounds for
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disciplinary action, other violations and possible remedies p p p p p p
Rules & Regulations - correct answer The NPA itself is insufficient to provide the necessary
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guidance for the nursing profession, therefore, each NPA establishes a board of nursing
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(BON) that has the authority to develop administrative rules or regulations to clarify or make
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the law more specific. Rules and regulations must be consistent with the NPA and cannot go
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beyond it. These rules and regulations undergo a process of public review before enactment.
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Once enacted, rules and regulations have the full force and effect of law.
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