Nursing Jurisprudence Exam Questions and Answers Graded A+

Nursing Jurisprudence Exam Questions and Answers Graded A+ 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 offense against society in general 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, 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 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 creates 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. Quasi-Intentional Tort: Defamation Types Types: Libel - printed or broadcast Slander - spoken Nurse Practice Act (NPA) defines the scope and limitations of professional nursing p