Adult-Gerontology Clinical Nurse Specialist (CNS) Practice Exam

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What type of law evolves through court decisions affecting health care providers?

  1. Administrative law

  2. Constitutional law

  3. Statutory law

  4. Common law

The correct answer is: Common law

Common law evolves through court decisions and is a significant source of law that affects health care providers. It originates from judicial rulings and precedents set in previous court cases, allowing for legal principles to be established or modified over time based on the outcomes of these cases. This development is essential in the health care field, as it addresses specific issues that statutory laws may not cover adequately, creating a dynamic legal framework that can adapt to changing practices and situations within healthcare. When there are disputes in health care, such as cases involving malpractice or patients' rights, courts interpret and apply existing laws, thereby creating a body of common law that guides future cases. This process helps to fill in gaps where statutes might not provide clear direction, ensuring that legal principles can evolve alongside medical practices and technological advancements.