In many states adults sign the back of their driver’s license, indicating consent to organ donation. The tort of false imprisonment occurs with unjustified restraint of a person without legal warrant. * The defendant owed the plaintiff a specific duty (in nursing malpractice cases, the standard of care). A nursing student is listing examples of quasi-intentional torts. A terminal disease is an “incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within 6 months.”. V) Acceptance: Physiological reactions cease, and social interactions resume. Ignorance of the law or of standards of care is not a defense against malpractice. A person clarifying values learns to make choices when alternatives are presented and determines whether choices are carefully made. a) Stiffening of body (rigor mortis), developing 2 to 4 hours after death (involves contraction of skeletal and smooth muscle from lack of adenosine triphosphate). To pass my life in purity and to practice my profession faithfully. a) Store all narcotics in a locked, secure cabinet or container (Computerized, locked cabinets are now available). QUASI-INTENTIONAL TORTS EXAMPLE Breach of confidentiality A nurse releases the medical diagnosis of a client to a member of the press. No actual contact is necessary. * Assault -verbal or offensive contact i.e. Also, the coroner can override the family decision over an autopsy. Part 2 . Practicing without a current and valid license is illegal and it amounts to pra… For example, State Boards develop rules regarding intravenous therapy. The requirements for licensure vary among states, but most states have minimum education requirements and require a licensure examination. Libel is the written defamation of character (e.g., charting false entries in a medical record). The couple filed a lawsuit. In addition to federal statutes, the ethical doctrine of autonomy ensures the patient the right to refuse medical treatment. Slander occurs when one speaks falsely about another. Id- primitive part, basic instinctual impulses driven to achieve pleasure. * Receive appropriate supportive therapy in relation to med therapy The tort of invasion of privacy protects the patient’s right to be free from unwanted intrusion into his or her private affairs. Nursing standards of care are described in the Nurse Practice Act of every state, in the federal and state laws regulating hospitals and other health care institutions, by professional and specialty nursing organizations, and by the policies and procedures established by the health care facility where nurses work (Guido, 2010). When the patient’s death is not subject to a medical examiner review, consent must be obtained. III) Acting on one’s beliefs. Intentional Torts. Litigation from improper restraint use is a common nursing legal issue (Evans and Cotter, 2008). Development: implies a progressive and continuous process of change leading to a state of organized and specialized functional capacity, for example, a child’s progressions from rolling over to crawling to walking and developmental changes (Haywood, 1993) Tort Battery also results if the health care provider performs a procedure that goes beyond the scope of the patient’s consent. Nurses who apply restraints in violation of state and federal regulations may be charged with abuse, battery, or false imprisonment. 17) Outline the various types of drugs orders. The statutes assume that all patients will be resuscitated unless there is a written DNR order in the chart. HIPAA privacy standards have raised awareness of the need for health care professionals to provide confidentiality and privacy. The patient’s injury was caused by the nurse’s failure to carry out that duty (“but for” the breach of duty, the patient would not have been injured). These internal standards of care are specific and need to be accessible on all nursing units. Guilt (3 to 6yrs) There are also cases in which information about a scientific discovery or a major medical breakthrough is newsworthy, as with the first heart transplant case or the first artificial heart recipient. To be liable is to be held responsible for an action. All nurses are responsible for knowing the provisions of the Nurse Practice Act of the state in which they work and the rules and regulations enacted by the State Board of Nursing and other regulatory administrative bodies. The State Board of Nursing suspends or revokes a license if a nurse’s conduct violates provisions in the licensing statute based on administrative law rules that implement and enforce the statute. The opposite of an intentional tort-something that is done on accident that seriously injures or kills another person For example, if a person steals something they can be criminally prosecuted for theft, and found liable in civil court for the tort of conversion. * Have knowledge and experience with medication • Describe the nursing implications associated with legal issues that occur in nursing practice. Following discovery phase of 1 to 3 years or longer, trial may last days to months. Giving information, sharing concerns, and expressing empathy will show the family that the nurse has been involved in helping the client to die peacefully. Hearings for suspension or revocation of a license do not occur in court. Quasi intentional torts include intrusion of privacy and defamation. h) Do not photocopy the report since the copy could be subpoenaed in court. For example, if a driver of a car acts unreasonably in failing to stop at a stop sign, it is negligence. Pharmacodynamics: the study of how long a drug acts on a living organism, including pharmacologic response and the duration and magnitude of response observed, relative to the concentration of the drug at the active site in the organism. Experts: The plaintiff selects experts to establish the essential legal elements of the case against the defendant. Choosing from alternatives. * The breach of duty caused the harm. A misdemeanor is a less serious crime that has a penalty of a fine or imprisonment for less than 1 year. A boyfriend or girlfriend may decide to break off a relationship with you, leading to hurt feelings and genuine grief or pain. Three states (Louisiana, Minnesota, and Vermont) have enacted “failure-to-act” laws that make it a crime not to provide Good Samaritan care (Dachs and Elias, 2008). • Discuss the nurse’s role in witnessing the informed consent process. Nurses are negligent for failure to initiate safety procedures when the patient condition necessitates it. Superego- “conscience” performs inhibiting, restraining, and prohibiting actions; derived from the standards of outside social forces (parent, teacher). A tort is a wrongful act that injures or interferes with another’s person or property. It establishes the basis for privacy and confidentiality concerns, viewed as two basic rights within the U.S. health care setting. In the example of a nurse threatening to give a patient an injection without the patient’s consent, if the nurse actually gives the injection, it is battery. The person feel overwhelmed and shows withdrawal. For example, an order for 0.5 mg of Lorazepam, to calm a claustrophobic client before having a MRI done. (issues in nursing) How would the student nurse describe a quasi-intentional tort occurring during the practice of nursing a- it is a willful act violating a client's rights b- it is a civil wrong made against a person or property c- it is an act that lacks intent but involves volitional action Under the act the patient’s record needs to document whether or not the patient has signed an advance directive. All states use the National Council Licensure Examinations (NCLEX®) for registered nurse and licensed practical nurse examinations. That fear is something we expect to never have to feel, and that fear creates the basis for the tort of assault.An assault is an intentional, unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact. The procedure, however, may require long periods of pain and suffering. [NEW] Unintentional Tort Examples In Healthcare . 4) The right route. I) Autonomy: refers to a person’s independence. Usually a panel of professionals conducts the hearing. Message boards used in patients’ hospital rooms to post daily nursing care information can no longer contain information revealing the patient’s medical condition. Donors need to make the gift in writing with their signature. Death is to be reported and investigated by the coroner when there are reasonable grounds to believe that the person died as a result of violence, homicide, accident, or death occurring in any unusual or suspicious manner. In a lawsuit for malpractice or nursing negligence, a nursing expert testifies to the jury about the standards of nursing care as applied to the facts of the case (Box 23-1). False imprisonment requires that the patient be aware of the confinement. This law simply requires all medications to be free of impure products. Which examples mentioned by the nursing student need correction? Explain the legal concept of standard of care. A judge makes the determination of legal competency, and the health care provider and family usually make the determination of decisional capacity. In general, courts define nursing malpractice as the failure to use that degree of skill or learning ordinarily used under the same or similar circumstances by members of the nursing profession (Box 23-2) (Austin, 2006). If health care workers follow the directions of the living will, they should be immune from liability (Bross, 2006). The Centers for Disease Control and Prevention (CDC) (www.CDC.gov) and the Occupational Health and Safety Act (OHSA) (www.osha.gov) provide guidelines on a national level for safe and healthy communities and work environments. f) Submit the report as soon as possible to the appropriate administrator. Advance directives include living wills, health care proxies, and durable powers of attorney for health care (Blais et al., 2006). Elected legislative bodies such as state legislatures and the U.S. Congress create statutory law. Malpractice: is negligence committed by a professional such as a nurse or physician. The practice of beneficence encourages the urge to do good for others. 19) Outline the legal responsibilities for nurses when giving drugs. 3) What is malpractice? The prosecutor must prove anything that the nurse does not admit. Medical records: The defendant obtains all of the plaintiff’s relevant medical records for treatment before and after the incident. Documentation of precautions against suicide is essential. A child named John kicks Adam during recess at school and the kick causes significant damage as Adam already suffers from a disability. The emergency department physician applied a cast with insufficient padding. An unconscious patient has not been falsely imprisoned (Guido, 2010). All states have Good Samaritan laws enacted to encourage health care professionals to assist in emergencies (Dachs and Elias, 2008). Intentional torts are things you knowingly and willfully do to … Likewise, check the state laws to see if a state honors an advance directive that originates in another state. * Defamation of Character -publication of false statements that result on damage to a person’s reputation. * Libel -if statement is WRITTEN. Negligence is conduct that falls below a standard of care. The coroner should be also contacted if a client’s death is unforeseen and sudden and the client has not been seen by a physician in over 36 hours. 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