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Nursing Jurisprudence Exam (1).
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Nursing Jurisprudence Examthe science or philosophy of law - ANS-Jurisprudence
-Constitutional Law: Federal, State
-Statutory Law: Federal, State
-Common Law
-Administrative Law - ANS-Sources of Law
Federal or state government attempting to deprive an individual of life or liberty for something
the law considers an offence against society in general - ANS-Criminal Law
Seeks to resolve disputes between private parties, which often result in payment of money -
ANS-Civil Law
Beyond a reasonable doubt; preponderance of the evidence - ANS-Different Burden of Proof
-Negligence
-Intentional: Assault Battery False Imprisonment
-Quasi-Intentional: Defamation, Liable, Slander - ANS-Types of Torts
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. - ANS-Malpractice
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 -
ANS-Elements of a Nursing Malpractice Lawsuit
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. - ANS-Intentional Tort: Assault
, Intentional contact that is harmful or offensive, or creating 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 - ANS-Intentional
Tort: Battery
"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. -
ANS-Intentional Tort: False Imprisonment
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. - ANS-Quasi-Intentional Tort: Defamation
Types:
Libel - printed or broadcast
Slander - spoken - ANS-Quasi-Intentional Tort: Defamation Types
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 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 - ANS-Nurse Practice Act (NPA)
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. - ANS-Rules & Regulations
As a nurse in Texas, you have a responsibility to know and follow the Nursing Practice Act and
all applicable BON Rules and Regulations relating to your nursing practice. All current BON
Rules and Regulations and the Nursing Practice Act can be downloaded from the BON's web
site at www.bon.texas.gov - ANS-IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES
AND REGULATIONS
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