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Nurse Practitioner’s Business Practice and Legal Guide 6th 7th Edition Test Bank
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Nurse Practitioner’s Business Practice and Legal Guide 6th 7th Edition Test Bank
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COMPLETE TEST BANK: NURSE PRACTITIONER'S BUSINESS PRACTICE AND LEGAL GUIDE 7TH EDITION BY CAROLYN BUPPERT (AUTHOR)LATEST UPDATE
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Nurse Practitioner’s Business Practice and Legal Guide 6th 7thEdition Test Bank
The legal guidelines that nurses follow come from - ANSWER: statutory, regulatory, and common law
Who creates statuatory law? - ANSWER: Elected legislative bodies such as state legislatures and U.S.
congress.
Nurse Practice Acts - ANSWER: describe and define the legal boundaries of nursing practice within
each state.
Regulatory law is aka - ANSWER: administrative law
Regulatory law - ANSWER: reflects decisions made by administrative bodies such as State Boards of
Nursing when they pass rules and regulations
Common law - ANSWER: results from judicial decisions made in courts when individual legal cases are
decided.
Informed consent, patient's right to refuse treatment, negligence, and malpractice are examples of
what type of law? - ANSWER: Common law
the requirement to report incompetent or unethical nursing conduct to the State Board of Nursing is
an example of what type of law? - ANSWER: Regulatory law
The Nurse Practice Acts found in all 50 states is an example of what type of law? - ANSWER: state
statute
The Americans with disabilities act is an example of what type of law? - ANSWER: federal statute
Statutory law is either - ANSWER: civil or criminal
Civil law: - ANSWER: protect the rights of individuals within our society and provide for fair and
equitable treatment when civil wrongs or violations occur
The consequences of civil law violations are: - ANSWER: damages in the form of fines or specific
performance of good works such as public service
T or F: negligence and malpractice are examples of a civil law violation for a nurse - ANSWER: True
Criminal laws - ANSWER: protect society as a whole and provide punishments for crimes, which are
defined by municipal, state, and federal legislation.
Name the 2 classifications of crimes - ANSWER: felony and misdemeanor
Felony - ANSWER: a crime of a serious nature that has a penalty of imprisonment for longer than one
year or even death
misdemeanor - ANSWER: a less serious crime that has a penalty of a fine or imprisonment for less
than one year.
T or F: An example of criminal conduct is misuse of a controlled substance. - ANSWER: True
, Describe the 4 phases in the anatomy of a lawsuit - ANSWER: 1. Pleadings phase
2. Discovery
3. Trial
4. Proof of negligence
What are the 2 parts of the pleading phase - ANSWER: Petition-elements of the claim and Answer
Describe Petition-elements of the claim - ANSWER: The plaintiff outlines what the defendant nurse
did wrong and how, as a result of that alleged negligence, the plaintiff was injured
Describe Answer - ANSWER: The nurse admits or denies each allegation in the petition
T or F: The prosecutor must prove anything that the nurse does not admit - ANSWER: True
Interrogatories - ANSWER: Written questions requiring answers under oath
Medical records - ANSWER: The defendant obtains al of the plaintiff's relevant medical records for
treatment before and after the incident
Witnesses depositions - ANSWER: Questions are posed to the witness under oath to obtain all
relevant, nonprivileged information about the case
Parties Depositions - ANSWER: The plaintiff and defendants (physician, nurse, hospital personnel) are
almost always deposed
Other witnesses: - ANSWER: Factual witnesses, both neutral and biased, including family members on
the plaintiff's side and other medical personnel on the defendants side, are deposed to obtain
information and their version of the case
Treating physicians or health care providers' depositions - ANSWER: Before subsequent treating,
physicians' or health care providers' depositions are taken to establish issues such as those
concerning preexisting conditions, causation, the nature and extent of injuries, and permanency
Experts: - ANSWER: The patient selects experts to establish the essential legal elements of the case
against the defendant. The defendant selects experts to establish the appropriateness of the nursing
care
Describe the trial phase - ANSWER: Following discovery phase of 1-3 years or longer, trial may last
days to months
Standards of care - ANSWER: legal requirements for nursing practice that describe minimum
acceptable nursing care.
Who develops standards for nursing practice, policy statements, and simular resolutions? - ANSWER:
The American Nurses Association
T or F: In a malpractice lawsuit a nurse's actual conduct is compared to nursing standards of care to
determine whether the nurse acted as any reasonably prudent nurse would act under the same or
simular crcumstances. - ANSWER: True
Emergency Medical Treatment and Active Labor Act - ANSWER: This act provides that, when a patient
comes to the emergency department or the hospital, an appropriate medical screening occurs within
the capacity of the hospital. If an emergency condition exists the hospital is not to discharge or
transfer the patient until the condition stabilizes
Mental Health Parity Act - ANSWER: forbids health plans from placing lifetime or annual limits on
mental health coverage that are less generous than those placed on medical or surgical benefits
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