Nursing Jurisprudence Exam (COMPLETE ANSWERS
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Jurisprudence the science or philosophy of law
-Constitutional Law: Federal, State
-Statutory Law: Federal, State
Sources of Law
-Common Law
-Administrative Law
Federal or state government attempting to deprive an
Criminal Law
individual of life or liberty for something the law
considers an offence against society in general
Seeks to resolve disputes between private parties,
Civil Law
which often result in payment of money
Different Burden of Proof Beyond a reasonable doubt; preponderance of the evidence
-Negligence
Types of Torts -Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander
Negligence committed by a person in his or her
professional capacity is malpractice. Also known as
professional negligence.
Malpractice
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.
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Duty - the existence of a duty, owed by the nurse to a
patient, to conform to a recognized standard of care
Elements of a Nursing Breach - a failure to conform to the required
Malpractice Lawsuit
standard of care Harm - an actual injury
Cause - there must be proof that the injury was caused by the
nurse's act or omission
Example of this tort: A nurse threatens to place an NG
tube in a client who is refusing to eat
Intentional Tort: Assault
Intentionally placing another in apprehension or fear
that they will suffer harmful or offensive contact.
Intentional contact that is harmful or offensive, or
creating the apprehension that such contact is
Intentional Tort: Battery 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
"unjustifiable detention of a person without legal
warrant to confine the person" (client has the right to
Intentional Tort: False leave AMA)
Imprisonment
-false imprisonment accompanied by forceful restraint
or threat of restraint is BATTERY.
A communication that tends to hold the plaintiff up to
Quasi-Intentional Tort: hatred, contempt or ridicule, or to cause him to be
Defamation
shunned or avoided.
Tarnishing the reputation of someone.
Types:
Quasi-Intentional Tort: Libel - printed or
Defamation Types broadcast Slander
- spoken
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defines the scope and limitations of professional nursing
practice; vary from state to state.
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
Nurse Practice Act (NPA) 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
NPAGenerally, NPAs include:Authority, power and composition of
a board of
nursingEducation program standardsStandards and
scope of nursing practiceTypes of titles and
licensesRequirements for licensureGrounds for
disciplinary action, other violations and possible
remedies
The NPA itself is insufficient to provide the necessary guidance
for the nursing
profession, therefore, each NPA establishes a board of
Rules & Regulations 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.
As a nurse in Texas, you have a responsibility to know and follow
IT IS A NURSE'S the Nursing
RESPONSIBILITY TO Practice Act and all applicable BON Rules and
KNOW NPA/RULES AND Regulations relating to your nursing practice. All
REGULATIONS current BON Rules and Regulations and the Nursing
Practice Act can be downloaded from the BON's web
site at www.bon.texas.gov
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