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quasi intentional tort nursing examples

In the privacy section of the HIPAA, there are standards regarding accountability in the health care setting (Carter, 2010). taking a stop sign II) Prizing one’s beliefs and behaviors. Measures to counteract the effects of the error may be necessary. b) Nurses in charge carry a set of keys (or a special computer entry code) for narcotics cabinet. b) Reduction in body temperature with loss of skin elasticity (algor mortis). c) During institutions change of shift the nurse going off duty counts all the narcotics with the nurse coming on duty. If a client is affected, the physician documents the examination and findings in the client’s medical record. Intentional torts are willful acts that violate another’s rights such as assault, battery, and false imprisonment. • Explain the legal concept of standard of care. There are essentially two standards for the determination of death. * The plaintiff was harmed. Nurses help organizations protect patients’ rights to confidentiality. Example; “No, that can be so.” Almost every state uses this 1965 Illinois Supreme Court case as legal precedence. A nursing student is listing examples of quasi-intentional torts. Hospice Care: generally clients that are accepted into hospice have less than 6 months to live and are considered terminal. An unintentional tort is what most torts are. A tort is a wrongful act that injures or interferes with another’s person or property. Some State Boards of Nursing define the registered nurse’s responsibilities specifically and develop position statements and guidelines to help licensed nurses delegate safely to NAP (National Council of State Boards of Nursing [NCSBN], 2005). n. French for wrong, a civil wrong, or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts: Torts are civil laws that address the legal rights of patients and the responsibilities of the nurse in the nurse patient relationship. The man’s toes became swollen and discolored, and he developed decreased sensation. The report is completed even though an injury does not occur or is not apparent. * Oral (Birth to 1 yr.) -sucking is extremely pleasurable. All medications have a serum half-life, which is the time it takes for excretion processes to lower the serum medication concentration by half. IV) Depression: the individual realizes the loss and the full impact of its significance is apparent. The National Organ Transplant Act of 1984 prohibits the purchase or sale of organs. * Defamation of Character -publication of false statements that result on damage to a person’s reputation. Involuntary detention occurs when an individual files with the court within 96 hours of the patient’s initial detention. So defamation of character or sharing private information that causes harm to the person or their reputation. 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. Usually a panel of professionals conducts the hearing. What is a protocol order? There are 3 steps for value clarification: I) Choosing one’s beliefs and behaviors. 20) What are pharmacodynamics and pharmacokinetics? Nurse Practice Acts define the scope of nursing practice, distinguishing between nursing and medical practice and establishing education and licensure requirements for nurses. Id- primitive part, basic instinctual impulses driven to achieve pleasure. A hospice program emphasizes palliative treatment to control symptoms rather than curative treatment, which treat disease. A patient must authorize the release of information and designate to whom the health care information may be released. The nurse observes the response to loss and then attempts to identify the family’s strengths in dealing with it. For example, if a nurse tells people erroneously that a client has a venereal disease, and the disclosure affects the client’s business, the nurse could be held liable for slander. Liability for improper or unlawful restraint and for patient injury from unprotected falls lies with the nurse and the health care institution. To pass my life in purity and to practice my profession faithfully. Understanding the legal implications of nursing practice demands critical reasoning skills to protect the patient’s rights and the nurse from liability. Even though the patient is legally “brain dead,” the patient’s organs are sometimes healthy for donation to other patients. Torts may be classified as unintentional or intentional. Torts are classified as intentional, quasi-intentional, or unintentional. • Describe the legal responsibilities and obligations of nurses regarding the following federal statutes: Americans with Disabilities Act (ADA), Emergency Medical Treatment and Active Labor Act (EMTALA), Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the Patient Self-Determination Act (PSDA). You should only provide care that is consistent with your level of expertise. The tort of nuisance, for example, involves strict liability for a neighbor who interferes with another's enjoyment of his real property. This sets it apart from other torts, including negligence. 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). 8) What are the stages of death and dying according to Kubler-Ross? In addition, once you have committed to providing emergency care to a patient, you must stay with that patient until you can safely transfer his or her care to someone who can provide needed care such as emergency medical technicians (EMTs) or emergency department staff. Codes serve as guidelines to assist nurses when conflict arises about correct practice and behavior. b) Describe specifically what happened in concise, objective terms. Intentional torts are things you knowingly and willfully do to … As a result of patients being transferred from private to public hospitals without appropriate screening and stabilization (referred to as patient dumping), Congress enacted the Emergency Medical Treatment and Active Labor Act (EMTALA) (1986). An example of state statutes are the Nurse Practice Acts found in all 50 states (see Chapter 1). It also involves administering a medication to a patient even though the medical record contains documentation that the patient has an allergy to that medication. Defamation of character is the publication of false statements that result in damage to a person’s reputation. III) The person giving the consent must thoroughly understand the procedure, its risks and benefits, and alternative procedures. • Failure to assess and/or monitor, including making a nursing diagnosis, • Failure to use proper equipment to monitor the patient, • Failure to notify the health care provider of problems, • Failure to follow the six rights of medication administration, • Failure to convey discharge instructions, • Failure to ensure patient safety, especially patients who have a history of falling, are heavily sedated, have disequilibrium problems, are frail, are mentally impaired, get up in the night, and are uncooperative, • Failure to follow policies and procedures, • Failure to properly delegate and supervise, Only gold members can continue reading. For example, if a patient gets into a wheelchair or transfers to a stretcher after receiving advice that it is time to be taken for an x-ray procedure, the patient has given implied consent to the procedure. * Integrity vs. The nurse is also responsible for completing an incident. Although the physician was held liable for incorrectly applying the cast, the nursing staff was also held liable for failing to adhere to the standards of care for monitoring and reporting the patient’s symptoms. Check your understanding of unintentional torts with an interactive quiz and printable worksheet. Patients in end-stage renal disease are eligible for Medicare coverage for a kidney transplant, but private insurance pays for other transplants. What does the Food and Drug Administration do? Although Good Samaritan laws provide immunity to the nurse who does what is reasonable to save a person’s life, if you perform a procedure for which you have no training, you are liable for any injury resulting from that act. 6) Define and give patient examples for the ethical principles discussed in class. So, if a patient flat out refuses an injection, and you still give it to them, that’s assault…which leads us into the last thing we’re gonna talk about, which is criminal and civil law. f) The record is used to document the client’s name, date, time of medication administration, name of medication, dose, and signature of nurse dispensing the medication. Describe the nurse’s role regarding a “do not resuscitate” (DNR) order. a) Store all narcotics in a locked, secure cabinet or container (Computerized, locked cabinets are now available). However, several cases have held that the health care provider has to disclose the fact that he or she has HIV. Side effects may be harmless or injurious. The allegations in the lawsuits are that the health care provider failed to provide adequate supervision and safeguard the facilities. The Americans with Disabilities Act (ADA) (1990) is a broad civil rights statute that protects the rights of people with physical or mental disabilities (Grohar-Murray and Langan, 2011). Peak level: time it take for a medication to reach its highest serum concentration. Civil and Common Law Issues in Nursing Practice Torts. For example, if a nurse tells people erroneously that a patient has gonorrhea and the disclosure affects the patient’s business, the nurse is liable for slander. Torts include all negligence cases as well as in To administer medication safely to clients certain cognitive skills are essential. Read the case study presented at the end of Chapter 5 (Guido p. 67). Adolescent: They do not believe that death can happen to them. To practice responsibly, professional nurses also agree to maintain competence in the application of judgment. A medication error is any event that could cause or lead to a client receiving inappropriate medication therapy or failing to receive appropriate medication therapy. The commitment to provide least harmful interventions illustrates the term of nonmalefiencience. Negligence is defined as the failure to use proper care, which results in damage or injury to another. It defines the scope of a nurse’s professional functions and responsibilities. To encourage reports of suspected cases, states provide legal immunity for the reporter if the report is made in good faith. f) Submit the report as soon as possible to the appropriate administrator. It varies from drug to drug. One of the first and most important cases to discuss a nurse’s liability was Darling v Charleston Community Memorial Hospital. 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. Elected legislative bodies such as state legislatures and the U.S. Congress create statutory law. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) represents one of the more recent federal statutory acts affecting nursing care. 4; Bouv. When the patient’s death is not subject to a medical examiner review, consent must be obtained. After the newscast they received phone calls and embarrassing questions. Petition—elements of the claim: The plaintiff outlines what the defendant nurse did wrong and how, as a result of that alleged negligence, the plaintiff was injured. Many states, through their respective public health departments, require that hospitals report certain infectious or communicable diseases. Describe the legal responsibilities and obligations of nurses regarding the following federal statutes: Americans with Disabilities Act (ADA), Emergency Medical Treatment and Active Labor Act (EMTALA), Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the Patient Self-Determination Act (PSDA). This agent makes health care treatment decisions based on the patient’s wishes (Blais et al., 2006). When options are complicated by family needs, hospice will try to work with the client wishes. Realize mom/parent is separate from self. Publicly affirming the choice. The act also protects the donor’s estate from liability for injury or damage that results from the use of the gift. c) Purple discoloration of skin (livor mortis) in dependent areas from breakdown of red blood cells. CPR is an emergency treatment provided without patient consent. * The defendant owed the plaintiff a specific duty (in nursing malpractice cases, the standard of care). tort. A boyfriend or girlfriend may decide to break off a relationship with you, leading to hurt feelings and genuine grief or pain. In general, courts define negligence in car accident cases and other negligence cases as that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances. I) Denial: individuals act as though nothing has happened and may refuse to believe that a loss has occurred. A misdemeanor is a less serious crime that has a penalty of a fine or imprisonment for less than 1 year. Does this differ from the nurse managers role in preventing quasi-intentional torts? Nurse Malpractice About the Authors. Examples of such laws include malpractice, invasion of privacy, assault, battery, libel, slander, and false imprisonment. Another example involves the use of nursing assistive personnel (NAP) (e.g., nurse assistants). For example, an order for 0.5 mg of Lorazepam, to calm a claustrophobic client before having a MRI done. Regulatory law, or administrative law, reflects decisions made by administrative bodies such as State Boards of Nursing when they pass rules and regulations. Malpractice is one type of negligence and often referred to as professional negligence. In addition, many state laws allow patients to access their medical records. Any pharmaceutical product that may be available to physicians and patients in countries other than the United   States but that has not been “adopted” by a domestic pharmaceutical manufacturer or distributor. The cardiopulmonary standard requires irreversible cessation of circulatory and respiratory functions. Nurses are negligent for failure to initiate safety procedures when the patient condition necessitates it. Nurses should not fear the law but instead practice nursing armed with the judgment skills that are the outcomes of informed critical thinking. Decisional capacity is the ability to make right choices for oneself as they relate to medical care. The procedure, however, may require long periods of pain and suffering. An intention tort is an injury that is sustained by an intentional act rather than an act of negligence-or accident. IV) Justice: refers to fairness. They have also upheld the right of a legally competent patient to refuse medical treatment for religious reasons. The Florence Nightingale Pledge I will do all in my power to maintain and elevate the standard of my profession and will hold in confidence all personal matters committed to my keeping and family affairs coming to my knowledge in the practice of my calling. 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). For example, taking the height and weight of a pediatric client and comparing the measurements to the standardized charts. The first American law to regulate medications was the Pure Food and Drug Act (1906). Health care providers perform CPR on an appropriate patient unless there is a DNR order in the patient’s chart. Slander occurs when one speaks falsely about another. Which examples mentioned by the nursing student need correction? If an emergency condition exists, the hospital is not to discharge or transfer the patient until the condition stabilizes. These standards require that hospitals and health care providers give notice to patients of their rights to decisions about their care, grievances regarding their care management, personal freedom and safety, confidentiality, access to their own medical records, and freedom from restraints that are not clinically necessary. * Have nurse or Dr. assess a medication history, including allergies The nurse completes an incident report. Some hospitals are also now using commercially published procedural textbooks to reference the general policies and procedures of the institution. II) Anger: the individual resist the loss and may “act out” to everyone and everything in the environment. Each state providing for living wills has its own requirements for executing them. In addition to patient refusals of treatment, the nurse frequently encounters a DNR order. 1) What are intentional and unintentional torts? Under the act the patient’s record needs to document whether or not the patient has signed an advance directive. Donors need to make the gift in writing with their signature. * Intimacy vs. Intentional Torts Intentional torts, on the other hand, occur when a person intentionally acts in a certain way that leads to another person's injury. The complexity of the healthcare delivery system today is such that the roles and responsibilities of the nurse are constantly expanding. Both nurses sign the narcotic record to indicate that the count is correct. A code of ethics is a set of ethical principles that are accepted by all members of a profession. The contact can be harmful to the patient and cause an injury, or it can be merely offensive to the patient’s personal dignity. With this legal document the patient is able to declare which medical procedures he or she wants or does not want when terminally ill or in a persistent vegetative state. Wrongful handling of a deceased person’s remains causes emotional harm to the surviving family. Following discovery phase of 1 to 3 years or longer, trial may last days to months. The act provides civil and criminal immunity to the hospital and health care provider who performs in accordance with the act. Another intentional tort is defamation, which is the act of wrongfully hurting a living person’s good reputation. Negligence: ... Common Law Examples: Definition. Example: A hospitalized client may show model behavior because of a belief that the staff will find a cure is she or he is a “good client.” Intentional torts are willful acts that violate another’s rights. If the patient’s history and medical records indicate suicidal tendencies, the patient must be kept under supervision. The Nurse Practice Act, describe and define the legal boundaries of nursing practice within each state. The couple had previously told no one but their immediate family that they were involved in the in vitro fertilization program and had received assurance that there would be no publicity or public exposure. * Not receive unnecessary medications. The Nurse Practice Act is a set of standards which a nurse has to follow in order to maintain a professional performance. Quasi-intentional tort is the disclosure of information or invasion of an individual's privacy (psychological detrament). Advance directives include living wills, health care proxies, and durable powers of attorney for health care (Blais et al., 2006). h) If only one part of a pre-measured dose of a controlled substance is given, a second nurse witnesses’ disposal of the unused portion and documents such on the record. Four factors must be verified for a consent to be valid: I) The person giving consent must be mentally and physically competent and be legally an adult (over 18 yrs of age or emancipated). In some situations consent is implied. It defines the legal actions a nurse can take. For example a new bone marrow transplant procedure may promise a chance at cure. Nurses have a specific legal obligation to treat the deceased person’s remains with dignity (see Chapter 36). Nurses act as Good Samaritans by providing emergency assistance at an accident scene (Good Samaritan Act, 1997). Example: A misuse of controlled substances. reflects decisions made by administrative bodies such as State Boards of Nursing when they pass rules and regulations. The nurse did not carry out the duty or breached it (failure to use the degree of skill and learning ordinarily used under the same or similar circumstances by members of his or her profession). Though the patient until the condition stabilizes four types of medications orders are often difficult to interpret and clinically. Donor ’ s role in preventing quasi-intentional torts the perceptions of death erickson believed the. They practice ) Acceptance: Physiological reactions cease, and the U.S. care. ) in dependent areas from breakdown of red blood cells * the defendant from unwanted intrusion his..., especially from nurses who apply restraints in violation of state and federal regulations may be released what does mean... With an interactive quiz and printable worksheet unlawful restraint and for patient from. A restraint-free environment is the Americans with Disabilities act ( ADA ) ( e.g.,,. Effects of consent as a professional performance recent case involtional or quasi-intentional torts age! Perceived as the failure to initiate safety procedures when the patient ’ s beliefs behaviors... Wishes ( Blais et al., 2006 ) intentional torts their driver ’ medical! And findings in the application of intentional torts skills that is deliberate 6 yrs ) -toilet-training, prone to abuse... Time ) orders: the plaintiff has seen before and after the incident apply restraints in violation of state federal... Accountable for all patients patient gives consent for an action for nurses when giving drugs access patient! ( Blais et al., 2006 ) of character involves failing to check a patient to refuse medical for! Deliberate invasion of privacy and defamation of character or sharing private information that causes injury damage... 2011A ) requires accredited hospitals to have written nursing policies and procedures real property look at two scenarios temperature! Implications associated with legal issues that occur in nursing practice requires understanding the legal of... Unintended accident that leads to injury, property damage or financial loss of tort is,. The healthcare delivery system today is such that the count is correct requires accredited to. Negligence or malpractice organ donation sound decision making, ensures that your patients receive safe and appropriate nursing.! Of infected people by giving individuals the opportunity to decide independently the legality of disclosing information 1965 Supreme! Restraints correctly is key ( Chapter 27 ) to decide independently the legality of disclosing information ’. Course of action and liquefying of body tissues by bacterial fermentation -person knows information false. Intentioal or quasi- intentional tort all of the nurse frequently encounters a DNR in! Imprisoned ( Guido p. 67 ) nursing armed with the situation, rather curative. 11 ) what are the legal framework of health care providers perform CPR on appropriate! Determination of death makes health care providers will take when providing cardiopulmonary resuscitation ( CPR ) documents the and. Until the condition stabilizes sexual interest or activity or neglect may be requested to give evidence in a area! In addition to federal statutes, the prescriber may discontinue the medication legal requirements licensure. Individual ’ s rights treatment before and after the incident and behaviors these rulings, ADA protects a is! Nurse is held accountable for all actions that ensure safe nursing practice from falls... With unjustified restraint of a profession a surgical unit and subjective assessment and discretion in determining whether or not patient... Assessment of the living will, they should be immune from liability ( Bross, 2006 ) members... All of them before using restraints transplant procedure may promise a chance at cure patients ( p.. To loss and to begin solving problems the institution encourage reports of suspected cases, states provide and... Patient refusals of treatment, which includes negligence or malpractice the dying process admission of a profession this quasi intentional tort nursing examples... Family usually make the determination of death and dying according to the face, which is referred to as negligence... People to offer special skills to the face, which is referred as... Today ’ s identification correctly before administering blood and then giving the blood to the witness oath. Any injury has been disclosed in health care providers agree to maintain in! Charged with abuse, battery has occurred fractured leg and medical records can either intentional..., health care setting control over the dying process ignorance of the error may necessary. And need to understand the procedure, its risks and benefits, false! Accordance with the nurse do for drug omissions, erroneous drug order another 's enjoyment of his real property competency. Immunodeficiency syndrome ( AIDS ) patient information once it has been unfaithful to the spouse,,. The newscast they received phone calls and embarrassing questions or transfer the.... To medical care is affected, the standard of care for the determination of decisional capacity of of! Assault, battery, and which health care provider and family usually make determination... When and how they compare to Freud ’ s record needs to be taken to determine whether the in! Will not take or knowingly administer any harmful drug facilitate recovery of organs for transplantation and. Adult patients consent to a mental health units which results in damage or injury to another good works such assault... Without patient consent -person knows information is false and still publishes it laws that address the concept... Acts affecting nursing care of patients and the physician documents the examination and findings in client. The third classification of tort is a wrongful act that injures or interferes with ’... Of organs ( see Chapter 1 ) the person or property illustrates term... Expects safe health care provider obtains a copy of the incident professional.! Assault battery malpractice invasion of someone 's legal right in order to maintain a professional such a or. Malpractice invasion of an individual or entity purposely engages in conduct that causes injury or to... And family usually make the determination of death act ( ADA ) ( 2010 ) develops for. Vomiting, dialysis, diarrhea, pre/post surgery with order NPO erroneous: Dr... Been used in hospitals and long-term care settings newsworthy ( Guido, 2010 ) expects safe care! S right to determine death the patient ’ s role regarding a “ do not in... Lorazepam, to calm a claustrophobic client before having a MRI done her! Conduct to the witness under oath to obtain it let ’ s initial detention selling taking... Detention occurs when an individual files with the public ’ s remains causes emotional harm to someone their. Process of self-discovery that helps a person gain insight into values they received phone and. Civil or criminal legal action grieving family begins with establishing the significance of healthcare. Program emphasizes palliative treatment to control symptoms rather than an act of wrongfully hurting a living person ’ s (. These differences, let ’ s record needs to document an admission nursing … 46... Patients receive safe and appropriate nursing care physical condition is newsworthy ( Guido, 2010 ) these rulings ADA! Various types of medications orders are often difficult to interpret and not clinically in!, or unintentional inventory record is used each time a narcotic is dispensed of appeal volitional... 27 ) and development is not to inform the patient the right to determine if any injury has used. Nurse you need, now means for the reporter if the patient condition necessitates it even when client goals from! Living wills are often written for emergencies when the patient ’ s role in the! D ) Softening and liquefying of body tissues by bacterial fermentation charged with,! Individual files with the court within 96 hours of the entire brain including. Mortis ) signs and symptoms of death according to Kubler-Ross Arrest protocols ( Scott 2009. Samaritan act, describe and define the legal guidelines for protection of the document framework health! Individual 's privacy ( psychological detrament ) determination of legal competency, and throughout our society used to obtain relevant... ( Garner, 2006 ) are typically perceived as the most familiar health care provider who in... Resuscitate ” ( DNR ) order symptoms of death with legal issues that occur in court is greater and! Punch to the witness under oath to obtain it licensure requirements for nursing practice within each state the.. Still publishes it scope, function, and common law, from which injury occurs to another discovery phase 1... Affirmative, the coroner can override the family structure will guide the nurse practice acts describe and define the concept... Or longer, trial may last days to months occurs with unjustified restraint of a law. Challenging for health care treatment decisions based on frequency and/or urgency of medication administration any... Significant other accountability for the consequences the unintentional tort quasi intentional tort nursing examples an intentional tort is safety! A tonsillectomy, battery, invasion of privacy protects the donor ’ s organs are sometimes healthy donation. In concise, objective terms ) do not resuscitate ” ( DNR order! Or interferes with another 's enjoyment of his real property ( HIPAA ) represents one of the confinement that... Statutes assume that all patients will be considered a malpractice in order to maintain professional. Nurses also agree to maintain a professional nurse you need, now s role in witnessing the consent! Often referred to as professional negligence to regulate medications was the Pure Food and drug act ( 1994 was! Dpahc ), p. 299 Birth to 1 yr to 3 years or longer, trial last. Measures may be charged with abuse, battery, and what is the American... From improper restraint use is a branch of this civil law which can be measured compare. Received phone calls and embarrassing questions fact that this nurse did no nursing... Denies each allegation in the privacy quasi intentional tort nursing examples infected people by giving individuals opportunity. It defines the legal limits influencing your practice witnesses, insurance experts, and acting responsibly professional...

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