ADA protects the civil rights of disabled people. Nurses agree to be advocates for their patients. Criminal law creates boards that pass rules and regulations to control society. The withholding of food and treatment at the request of the client in a written advance directive given before a client acquired permanent brain damage from an accident. Unintentional torts are accidents that are caused by a person to you or your property. Persons who may not enter into a contract: minor, insane, deaf, mute and ignorant. UNINTENTIONAL TORTS EXAMPLE Negligence A nurse fails to implement safety measures for a client who has been identified as at risk for falls. When caring for a terminally ill client, it is important for the nurse maintain the client’s dignity. Intentional torts are willful acts that violate another’s rights such as assault, battery, and false imprisonment. Laws for the welfare of the general public. The best explanation of what Title VI of the Civil Rights Act mandates is the freedom to: Have equal access to all health care regardless of race and religion, Pick any physician and insurance company despite one’s income, Have basic care with a sliding scale payment plan from all health care facilities, Receive free medical benefits as needed within the county of residence. A health care issue often becomes an ethical dilemma because: Decisions must be made based on value systems. Malpractice: is negligence committed by a professional such as a nurse or physician. Causation – it must be proved that the harm occurred as a direct result of the nurse’s failure to follow the  standard of care and the nurse should or could have known that the failure to follow the standard of care could result in such harm. Although this is a simplistic explanation, it serves to illustrate standards of care. The client has a cardiac arrest and dies. A discussion about the ethics of this situation would involve predominantly the principle of: Justice, because the first and greatest question in this situation is how to determine the just distribution of resources. If you leave this page, your progress will be lost. Examples are assault, battery, invasion of privacy and defamation of character. Was awake and fully alert and not medicated with narcotics. The nurse should allow visitors to remain with dying clients at any time if the client wants them. Disparities in health outcomes between the rich and the poor illustrate the influence of socioeconomic factors in morbidity and mortality. Vasoconstriction is the opposite of the desired effect of heat application. If loading fails, click here to try again. The ethics committee is an additional resource for clients and health care professionals. The most important factor in providing nursing care to clients in a specific ethnic group is: Most litigation in the hospital comes from the: Nurse following an order that is incomplete or incorrect, Supervisor watching a new employee check his or her skills level, Nurse abandoning the clients when going to lunch, Nurse documenting blame on the physician when a mistake is made. flashcard set{{course.flashcardSetCoun > 1 ? Mutual understanding of the terms and meaning of the contract by all. That’s a tort. Cultural practices do not influence biocultural needs because they are inborn risks that are related to a biological need and not a learned cultural belief or practice. Misappropriation takes place when a person or company uses someone else’s name, likeness, or other identifying characteristic without permission. English, science, history, and more. - Definition and Examples, Battery: The Elements of an Intentional Tort, What Is Assault? If heat is applied for 1 hour or more, blood flow is reduced by reflex vasoconstriction. The body of the deceased should be prepared before the family comes in to view and say their goodbyes. Some RNs do have prescriptive privileges based upon advanced degrees and certification. Nurses need not assume that pain relief is equally valued across groups. Nurse threatens a client with an injection after refusing to take the meds orally. An unintentional tort results from negligence. Civil and Common Law Issues in Nursing Practice Torts. After pouring a second glass of champagne, Debby spots an ex-boyfriend, Pavel, walking on the sidewalk below her. The nurse is responsible for clarifying all orders that are illegible, unreasonable, unsafe, or incorrect. Assess the client’s point of view and prepare to articulate this point of view. A child named John kicks Adam during recess at school and the kick causes significant damage as Adam already suffers from a disability. The choices involved do not appear to be clearly right or wrong. May be suffered by a client whose valued way of life is disregarded by practitioners. Therefore the nurse who cannot correct the order must document that the physician was called and clarification or a new order was given to correct the unclear or illegible one that was currently on the chart. - Definition of an Intentional Tort, Transferred Intent for Assault and Battery, Intentional Infliction of Emotional Distress: Definition and Examples, Intentional Torts of Economic Relations: Definition and Elements, Trespass, Conversion and Nuisance: Definition and Examples, Defenses to Intentional Torts to Avoid Liability, Special Negligence Doctrines: Examples Cases, Defenses for Negligence: Definition and Examples, Defenses for Landowners, Common Carriers, Innkeepers and Social Host Negligence, Strict Liability Torts: Definition and Examples, Harm to Reputation or Economic Interests: Defamation, Libel, & Slander, What Is Vicarious Liability? The Nurse Practice Act, which governs the practice of nursing, is an example … Accepting the reality of loss, working through the pain of grief, adjusting to the environment without the deceased, and emotionally relocating the deceased and moving on with life. The amount of time to resolve grief also varies among individuals. The principle of autonomy guides all participants to respect their own self-worth. [Context Link] 20. Duty – the nurse must have a relationship with the client that involves providing care and following an acceptable standard of care. Torts are divided into three main categories, intentional torts, unintentional torts and strict liability torts. 19. Discourage spiritual practices because this will have little connection to the client at this time. The state of mind of the tortfeasor determines the tort.For example, a car accident is just that -- an accident. Torts are classified as intentional, quasi-intentional, or unintentional. A person’s perception of a loss has little to do with the grieving process. Current health standards should determine the acceptability of cultural practices. Misconduct or practice that is below the standard expected of ordinary, reasonable and prudent person, Failure to do something due to lack of foresight or prudence. Collecting all available information about the situation. The nurse’s point of view is valuable because: Nurses have a legal license that encourages their presence during ethical discussions. Services, Legal Issues in Nursing: Concepts and Terms, Unintentional Tort: Definition & Example Cases, {{courseNav.course.mDynamicIntFields.lessonCount}}, What Is Tort Law? Nonmaleficence, veracity, and justice were not followed. INTRODUCTION Nursing is a noble profession, which serve the humanity. Denial, anger, bargaining, depression, and acceptance. Social factors such as poverty and lack of universal medical insurance compromise the health status of the poor and unemployed. There are several forms of this tort, with the most common being misappropriation. A tort is just a wrongdoing against a person. The term often is used during discussions about resources. When the nurse described the client as “that nasty old man in 354,” the nurse is exhibiting which ethical dilemma? When there is a dispute, law—the Nurse Practice Act in your state—is the final authority. It is up to the family to determine if they are feeling overwhelmed, not the nurse. When action is taken on one’s prejudices: People think/know you are a dumbass for being prejudiced. The nurse splints the arm using two baseball bats. Delivery of culturally congruent care is ensured. - Definition & Examples, History of American Law: Tutoring Solution, American Legal Systems: Tutoring Solution, Capacity in Contract Law: Tutoring Solution, Contract Law and Third Party Beneficiaries: Tutoring Solution, Contracts: Assignment and Delegation: Tutoring Solution, Contracts: Statute of Frauds: Tutoring Solution, Contracts: Scopes and Meanings: Tutoring Solution, Contracts: Breach of Contract: Tutoring Solution, Contracts: Discharge of Contracts: Tutoring Solution, Securities and Antitrust Law: Tutoring Solution, Employment and Labor Law: Tutoring Solution, Product Liability and Consumer Protection: Tutoring Solution, International Business Law: Tutoring Solution, The Role of Agency in Business Law: Tutoring Solution, Types of Business Organizations: Tutoring Solution, Working Scholars® Bringing Tuition-Free College to the Community, Understand what constitutes unintentional torts, Familiarize yourself with examples and cases of unintentional torts. Practicing without a current and valid license is illegal and it amounts to pra… The nurse puts a restraint jacket on a client without the client’s permission and without the physicians order. Negligence. It is not the family’s responsibility to assist in the communication process. Examples are assault, battery, invasion of privacy and defamation of character. Your signature as a witness only states that the person signing the form was the person who was listed in the procedure. Malpractice (Professional negligence) A nurse administers a large dose of medication due to a calculation error. Plus, get practice tests, quizzes, and personalized coaching to help you succeed. A client who had a “Do Not Resuscitate” order passed away. The more the individual has invested in what is lost, the less the feeling of loss. Many tort lawyers refuse to accept nursing home cases because of their belief that due to the age of the victim damages will be minimal. {{courseNav.course.mDynamicIntFields.lessonCount}} lessons * The defendant breached this duty. Illness attributed to natural, impersonal, and biological forces. Negligence is an unintentional tort because the tortfeasor does not intend to cause harm, but, through careless behavior, does cause harm. Nurses strengthen their ability to advocate for a client when nurses are able to identify personal values and then accurately identify the values of the client and articulate the client’s point of view. This set of ethical principles provides the professional guidelines established by the ANA to maintain the highest standards for ideal conduct in practice. Statutory law is created by legislature. Cultural awareness is an in-depth self-examination of one’s: Social, cultural, and biophysical factors. To commit an intentional tort, it follows that you must do something on purpose. * Battery -any intentional touching w/o consent i.e. John does not know that Adam suffers a disability, but he does know that kicking someone will cause discomfort. Cultural pain may be suffered by a client whose valued way of life is disregarded by practitioners. Contact of the staff’s chain of command should also be specifically stated for the proof of the responsibilities being followed according to hospital policy. Anyone, at any age, can be treated without parental permission for an STD infection. Res ipsa loquitor – the thing speaks for itself – the injury is enough proof of negligence, Respondeat Superior – let the master answer command responsibility, Force majuere – unforeseen event, irresistible force. If the injury or damage was unintentional, then the wrong is called an unintentional tort. Healing emphasizing naturalistic modalities. Ethics of care, because the caring thing that a nurse could provide this patient is resources for a liver transplant. Unintentional torts are important to be familiar with in business law, and this quiz/worksheet will help you test your understanding of their forms and characteristics. The ethics committee relieves health care professionals from dealing with ethical issues. | {{course.flashcardSetCount}} Philadelphia: Lippincott, Williams & Wilkins; 2003. p. 1-33. The scope of Nursing practice is legally defined by: In most ethical dilemmas, the solution to the dilemma requires negotiation among members of the health care team. Gather all relevant information regarding the clinical, social, and spiritual aspects of the dilemma. Document all clinical changes in the medical record in a timely manner. Be aware of clients’ cultural differences. 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