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Felony: An act punishable by death or greater than one year imprisonment. Intentional Torts: Acts in which the outcome was planned although the person may not have expected the outcome to harm the other person. False Imprisonment: Unwarranted use of restraints or restrictions, restraining a person in AMA situations.
Felony: An act punishable by death or greater than one year imprisonment. Intentional Torts: Acts in which the outcome was planned although the person may not have expected the outcome to harm the other person. False Imprisonment: Unwarranted use of restraints or restrictions, restraining a person in AMA situations.
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Felony: An act punishable by death or greater than one year imprisonment. Intentional Torts: Acts in which the outcome was planned although the person may not have expected the outcome to harm the other person. False Imprisonment: Unwarranted use of restraints or restrictions, restraining a person in AMA situations.
Drepturi de autor:
Attribution Non-Commercial (BY-NC)
Formate disponibile
Descărcați ca DOC, PDF, TXT sau citiți online pe Scribd
Felony: An act punishable by death or greater intentional torts are: than one year imprisonment. • Invasion of Privacy: Breach of Examples: murder, failure to report child confidentiality, photographing patients abuse, fraud in business records, patient without their consent. abuse and neglect, stealing, selling or using • Defamation of Character: Slander or illegal drugs. libel • Example: Talking about a patient to Example: Violation of a State Practice Act: another health care provider in the A nurse caring for a patient notices a change elevator with other people present; in the patient's condition & believes she knows disclosing patient information over the the appropriate medication the patient needs. telephone; telling stories about a fellow She tries to contact the patient's doctor but is coworker. unable to reach him. She writes the order although she has no standing orders to follow Unintentional Torts: Acts in which the and proceeds to administer the medication. outcome was not intended to happen. Types of Violation: statutory, regulatory, criminal unintentional torts are: and/or civil. • Negligence: the failure to act as a Example: Violation of Narcotic Laws: reasonably prudent person would have While doing a narcotics check at the end of her acted in a specific situation. (Applies to shift, the nurse notices the count is short one ALL people, even unlicensed controlled analgesic. She finds a patient caregivers) whose PRN orders allow them to have that • Malpractice: The failure of a med for pain, notice they haven't had any in a professional to use such care as a long time, and signs the missing dose out to reasonably prudent member of the that patient who in reality did not receive that profession would use under similar dose. Violation: statutory, enacted, criminal circumstances, which leads to harm. and/or civil. (Applies ONLY to professionals such as licensed nurses. Nurses can be held Misdemeanor: Any other crime. both negligent and guilty of malpractice.) Categories of Civil laws: • Example of negligence: A door to door magazine salesman is leaving Intentional Torts: Acts in which the outcome your home after you listen to his pitch was planned although the person may not and he trips on the broken wooden have expected the outcome to harm the other plank of your steps, (you know-the person. Types of intentional torts are: ones you were going to get around to fixing). He breaks his nose when • Assault: to threaten or attempt to landing on his face on your sidewalk. touch a person without consent. You are liable for this injury because Example: Patient's orders call for IM you failed to repair the steps, provide a injection. Patient refuses to be given warning sign to indicate the problem, the injection & nurse tells patient she etc. IS going to give the shot anyway. • Example of malpractice: A nurse • Battery: Touching without consent administering medications gives the (Treating without consent) patient in room 101 the meds that • False Imprisonment: Unwarranted were on the MAR of the patient in room use of restraints or restrictions, 202. She fails to double check the room restraining a person in AMA situations. number, the patient's name or ID bracelet. After administering the wrong medicines to the wrong patient the nurse continues on her rounds. The patient in room 101 is allergic to one of the medicines she just administered, delegation of employees; adequate goes into shock, has to be coded, lighting and supplies, adequate became vent-dependant & is now on a supervisory personnel; appropriate ventilator for the rest of his life.... policies and procedures to guide employees In order to prove that negligence or • Supervisory liability: The person in a malpractice has occurred, four supervisory position is responsible for circumstances must be present exercising good judgment in making and must be proven in a court of decisions about assignments and law. These circumstances are: delegation of tasks; decisions concerning care given by nurses over 1. Harm must have occurred to the whom the supervisor is assigned if individual. involved with those decisions. 2. One person must be in a situation where s/he had a duty toward the person harmed. 3. The person must be found to have failed to fulfill his or her duty. 4. The harm must be shown to have been caused by the breach of duty.
Liability
A person found guilty of a tort or crime is
considered legally liable, or accountable, for the outcome, whether intended or unintended. The guilty person is subject to punishment depending on the nature of the act/s. Liability can extend to more than one person. In the case of the homeowner, the homeowner's spouse is also liable. If the homeowner had paid someone to repair the steps and the worker had left this obstacle, then the repair person and his or her employer would also be liable, etc.
In a hospital situation, the nurse, the charge
nurse, the supervisor, the hospital, etc, all have liability. There are three major levels of liability in a setting other than a home setting. These are:
• Personal liability: The nurse is
responsible for performing those acts, and only those acts for which s/he is licensed (omission or commission). • Employer liability: The employer is held responsible for actions of an employee; employee still has personal liability. The employer is held responsible for hiring qualified personnel, providing appropriate environment for correct functioning and providing appropriate supervision to prevent errors or injury. Examples: adequate staffing policies; appropriate