Nursing Jurisprudence Exam 2023

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 offence 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, Liable, 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 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

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 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

Rules & Regulations - 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.