10.04

tort

unintentional or intentional

crime

misdemeanor or felony

Combination of burden of proof and consequence indicating a CIVIL case

Burden of proof: based on a preponderance of evidence Consequence: monetary damages

Combination of burden of proof and consequence indicating a ADMINISTRATIVE case

Burden of proof: clear and convincing standard Consequence: suspension or loss of license

examples of intentional torts

assault and battery defamation of character invasion of privacy false imprisonment fraud

Which statement is true regarding the Good Samaritan law? SATA a. all care needs are considered an emergency when situations occur out-of-doors b. protection provided is generally limited to emergency situations c. the provider may not exceed scope of practice limits d. a volunteer at a free clinic is covered by this law e. health care providers are required to stop and provide emergency care

b. protection provided is generally limited to emergency situations c. the provider may not exceed scope of practice limits

Which type of law regulates the practice of nursing? a. common law b. public law c. civil law d. criminal law

c. civil law

A nurse does not assist with ambulation for a postoperative patient on the first day of surgery. The patient falls and fractures a hip. What charge might be brought against the nurse? a. fraud b. battery c. negligence d. assault

c. negligence

What term is used to identify the type of law that covers most incidences of malpractice? a. legislative law b. administrative law c. tort laws d. statutory law

c. tort laws

a tort is tried in ...

civil court

Crime is tried in ...

criminal court

A nurse is arrested for possession of illegal drugs. What kind of law governs this type of activity? a. public b. civil c. private d. criminal

d. criminal

examples of unintentional torts

negligence malpractice